On February 16, Assemblyman Marc Levin (D – Marin County), introduced Assembly Bill 814 on contact tracing and personal information. The bill would add Title 1.81.10 (commencing with Section 1798.600) to Part 4 of Division 3 of the Civil Code. Title 1.81.10 would be termed “Contact Tracing.”
AB 81 would define “contact tracing” as identifying and monitoring individuals, through data collection and analysis, who may have had contact with an infectious person as a means of controlling the spread of a communicable disease. It would also define “data” to mean measurements, transactions, determinations, locations, or other information, whether or not that information can be associated with a specific natural person.
The bill would prohibit data collected, received, or prepared for purposes of contact tracing from being used, maintained, or disclosed for any purpose other than facilitating contact tracing efforts. In addition, all data collected, received, or prepared for purposes of contact tracing would have to be deleted within 60 days. There is an exception for data in the possession of a local or state health department.
Furthermore, the bill would prohibit an officer, deputy, employee, or agent of a law enforcement agency from engaging in contact tracing. AB 814 would permit a person to bring a civil action to obtain injunctive relief for any violation of this new law and would be entitled to attorney’s fees.
The bill is expected to be heard in policy committee in late March.