AB 1194: California Privacy Rights Act of 2020: exemptions: abortion services.

Existing law, the California Privacy Rights Act of 2020 (CPRA), approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, grants a consumer various rights with respect to personal information, as defined, that is collected or sold by a business, as defined, including the right to require the business to delete personal information about the consumer, as specified, unless those obligations restrict a businesss ability to, among other things, comply with federal, state, or local laws or comply with a court order or subpoena to provide information, or cooperate with a government agency request for emergency access to a consumers personal information if a natural person is at risk or danger of death or serious physical injury, as provided.

This bill would, if the consumers personal information contains information related to accessing, procuring, or searching for services regarding contraception, pregnancy care, and perinatal care, including, but not limited to, abortion services, require a business to comply with the obligations imposed by the CPRA unless the personal information is used for specified business purposes, as defined, is only retained in aggregated and deidentified form, and is not sold or shared. The bill would specify that the requirement to comply without regard to the above-described exceptions does not alter the duty to preserve or retain evidence in an ongoing civil proceeding. The bill would further specify that a consumer accessing, procuring, or searching for those services does not constitute a natural person being at risk or danger of death or serious physical injury. The bill would also make nonsubstantive conforming changes.

The California Privacy Rights Act of 2020 authorizes the Legislature to amend the act to further the purposes and intent of the act by a majority vote of both houses of the Legislature, as specified.

This bill would declare that its provisions further the purposes and intent of the California Privacy Rights Act of 2020.