BILL NUMBER: SB 1834	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bowen

                        FEBRUARY 20, 2004

   An act to add Chapter 22.7 (commencing with Section 22650) to
Division 8 of the Business and Professions Code, relating to
business.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1834, as introduced, Bowen.  Radio frequency identification
systems.
   Existing law imposes special business regulations on various
businesses. Existing law defines the term "unfair competition" and
provides for the assessment of civil penalties for acts of unfair
competition that may be recovered in an action brought by a
governmental entity or by a person acting for the interests of
itself, its members, or the general public.
   This bill would require a person or entity that uses radio
frequency identification (RFID) systems to comply with certain
conditions, including obtaining an individual's written consent
before attaching or storing personally identifiable information with
data collected via an RFID tag or before any personally identifiable
information collected via an RFID system is shared with a third
party.  The bill would make a violation of the bill an act of unfair
competition that is subject to specified enforcement provisions,
including actions brought by the Attorney General or a district
attorney or city attorney.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 22.7 (commencing with Section 22650) is added
to Division 8 of the Business and Professions Code, to read:

      CHAPTER 22.7.  RADIO FREQUENCY IDENTIFICATION

   22650.  A person or entity that uses a radio frequency
identification (RFID) system that can be used to gather information
about an individual shall obtain written consent from an individual
before any personally identifiable information of the individual,
including name, address, telephone number, or credit card number, is
attached to or stored with data collected via the RFID system.
   22651.  A person or entity shall obtain separate written consent
from an individual before any personally identifiable information
about the individual collected by an RFID system is shared with a
third party.
   22652.  An individual shall have the right to access his or her
personally identifiable information collected through an RFID system
and the opportunity to make corrections to that information.
   22653.  A person or entity shall take reasonable measures to
ensure that any individual data collected via an RFID system is
transmitted and stored in a secure manner, and that access to the
data is limited to those individuals needed to operate and maintain
the RFID system.
   22654.  If a retail store uses an RFID system on a consumer
product, the RFID tag shall be detached or destroyed before a
consumer leaves the store.
   22655.  Collecting information through an RFID system that is
aggregate in nature and that does not personally identify an
individual is not a violation of this chapter.
   22656.  A violation of this chapter is an act of unfair
competition under Chapter 5 (commencing with Section 17200) of
Division 7 and subject to the enforcement provisions of that chapter.