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CA AB2306

Bill

Status

Passed

9/30/2014

Primary Sponsor

Edwin Chau

Click for details

Origin

State Assembly

2013-2014 Session

AI Summary

  • Removes the requirement that a person use a "visual or auditory enhancing device" to commit constructive invasion of privacy, expanding liability to include use of "any device" to capture visual images, sound recordings, or physical impressions of another person engaging in personal or familial activities under circumstances where a reasonable expectation of privacy exists.

  • Establishes liability for up to three times general and special damages, punitive damages, disgorgement of commercial proceeds, and civil fines of $5,000 to $50,000 for violations of privacy invasion provisions.

  • Creates an Arts and Entertainment Fund in the State Treasury to receive half of all collected civil fines, with funds to be distributed by the California Arts Council for grants under the Dixon-Zenovich-Maddy California Arts Act.

  • Exempts law enforcement personnel and government employees from liability when capturing images or recordings in the course of their employment with articulable suspicion to investigate illegal activity, misconduct, or fraud.

  • Applies only to violations occurring in California after January 1, 2010, and includes safe harbor protections for persons who republish previously published materials or who are not the first to publish unlawfully obtained content without actual knowledge of its illegal origin.

Legislative Description

Constructive invasion of privacy: liability.

Last Action

Chaptered by Secretary of State - Chapter 858, Statutes of 2014.

9/30/2014

Committee Referrals

Judiciary5/22/2014
Rules5/15/2014
Judiciary3/28/2014

Full Bill Text

No bill text available