AB 886: Transportation service network provider: passenger privacy.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-01-04
The Passenger Charter-Party Carriers Act prohibits a transportation network company from disclosing personally identifiable information of a passenger, except as provided with certain exceptions, including when the passenger knowingly consents or pursuant to a legal obligation. A violation of the act is a crime.
This bill would prohibit a transportation service network provider, as defined, from requesting or requiring personally identifiable data, as defined, of a passenger unless the information is used for certain purposes, including establishing, maintaining, and updating a customers account. The bill would require the transportation service network provider to provide an accountholder with an opportunity to cancel or terminate an account. The bill would require a transportation service network provider to destroy or dispose of all personally identifiable data in a secure manner when the information is no longer needed for the purposes for which it was collected or when an accountholder cancels or terminates his or her account. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
This bill would modify the knowing consent exception to the prohibition against disclosure of personally identifiable information by requiring the affirmative consent of a passenger through an opt-in selection that is separate from and not conditioned on various other transactions between the passenger and the transportation network company. The bill would modify the legal obligation exception to the prohibition against disclosure of personally identifiable information by instead providing for disclosure pursuant to law, regulation, or court order. The bill would define personally identifiable information. By changing the definition of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Discussed in Hearing
39MIN