AB 1027: Social media platforms: drug safety policies.

Existing law, the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020, an initiative measure, grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined. The CCPA requires a business that controls the collection of a consumers personal information to inform consumers of the categories of personal information collected, the purposes for which the categories of personal information are collected or used, and the length of time the business intends to retain each category of personal information, as specified.

Existing law, the Electronic Communications Privacy Act, generally prohibits a government entity from compelling the production of or access to electronic communication information or electronic device information, as defined, without a search warrant, wiretap order, order for electronic reader records, subpoena, or order for a pen register or trap and trace device, except for emergency situations, as specified. The CCPA grants to a consumer various rights with respect to personal information, as defined, that is collected by a business, as defined, including the right to request that a business delete personal information about the consumer that the business has collected from the consumer. The California Privacy Rights Act of 2020, approved by the voters as Proposition 24 at the November 3, 2020, statewide general election, amended, added to, and reenacted the CCPA.

Existing law requires a social media company, as defined, to submit reports, as specified, starting no later than January 1, 2024, to the Attorney General, including, but not limited to, the current version of the terms of service for each social media platform owned or operated by the company, specified categories of content and what policies the social media company has for that platform to address that content, and data related to violations of the terms of service for each platform. Existing law requires the Attorney General to make all terms of service reports submitted pursuant to those provisions available to the public in a searchable repository on its official internet website.

This bill would add to those categories of content the distribution of controlled substances.

Existing law, until January 1, 2028, requires a social media platform to create and post a policy statement regarding the use of the social media platform to illegally distribute controlled substances, including a general description of its policies and procedures for responding to law enforcement inquiries. Existing law exempts from these requirements a business that generated less than $100,000,000 in gross revenue during the preceding calendar year.

This bill would delete the above-described exemption and would require the policy statement to include a general description of the social media platforms policy on the retention of electronic communication information and policies and procedures governing when a platform proactively shares relevant information pertaining to distribution of a controlled substance, as specified. The bill would require a social media platform to retain content it has taken down or removed for a violation of its policy related to controlled substances, as specified, for a period of 90 days, except when the platform has a good faith belief that the content is related to the offering, seeking, or receiving of gender-affirming health care, gender-affirming mental health care, or reproductive health care that is lawful under California law.

The bill would specify that it does not alter the rights or obligations established in any other law, including the Electronic Communications Privacy Act and the California Consumer Privacy Act.