Security surveillance companies: access and use of content., the official text

An act to add Chapter 43 (commencing with Section 22949.100) to Division 8 of the Business and Professions Code, relating to business.

LEGISLATIVE COUNSEL'S DIGEST

Existing law establishes various privacy protections relating to the collection, use, sale, or distribution of personal information, images, or video recordings, including restrictions relating to the retention, access, use, sale, or sharing of images or video recordings collected through the operation of an in-vehicle camera.
This bill would prohibit a security surveillance company, as defined, from distributing, selling, or otherwise authorizing a third party to access, use, or distribute content obtained from a consumer’s security surveillance system without first obtaining the express consent of the consumer and the adult residents of a residential rental property or upon receipt of an order of a court or arbitrator.

The people of the State of California do enact as follows:

SECTION 1.
Chapter 43 (commencing with Section 22949.100) is added to Division 8 of the Business and Professions Code, to read:
43.
Security Surveillance Companies22949.100.
(a) For purposes of this chapter:
(1) “Content” means video, images, audio, or other data obtained from a security surveillance system.
(2) (A) “Express consent” means an affirmative written authorization that is granted in response to a notice that is both of the following:
(i) Clear, meaningful, and prominent.
(ii) Conveyed in a manner that a natural person would notice and understand it.
(B) “Express consent” does not include an authorization that is any of the following:
(i) Inferred from inaction.
(ii) Obtained through the use of a dark pattern, as defined in Section 56.18 of the Civil Code.
(iii) Contained within a more general notice, agreement, or set of terms and conditions.
(3) “Security surveillance company” means an entity that installs, sells, or leases security surveillance systems for residential properties, including, but not limited to, self-installed security systems. A security surveillance company may also store data, monitor content obtained from a security surveillance system, or provide any other service associated with residential surveillance.
(4) “Security surveillance system” is any video, audio, or photographic recording device installed for the purpose of surveilling or recording activity occurring at a residential property.
(5) “Third party” means a person who is not any of the following:
(A) The business with whom the consumer intentionally interacts and that collects personal information from the consumer as part of the consumer’s current interaction with the business under this chapter.
(B) A service provider to the business.
(C) A contractor.
(b) A security surveillance company shall not distribute, sell, or otherwise authorize a third party to access, use, or distribute content obtained from a consumer’s security surveillance system without first obtaining the express consent of the consumer and the adult residents of a residential rental property or upon receipt of an order of a court, including a subpoena, or arbitrator.
(c) A security surveillance company shall not, by default, opt a consumer into any feature that would distribute, sell, or otherwise authorize a third party to access, use, or distribute content obtained from a consumer’s security surveillance system.