California Confidentiality of Personal Identifying Information (2014)

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A California Initiative to Protect Personal Identifying Information (#13-0008) was approved for circulation in California as a contender for the November 4, 2014 ballot as an initiated constitutional amendment.

However, sponsors of the initiative withdrew it from consideration after seeing the state's official ballot title.[1]

If the initiative had qualified for the ballot and been approved by the state's voters, it would have:

  • Created a presumption in the California Constitution that an individual's personally identifying information, including financial or health information, is confidential when collected for a commercial or governmental purpose.
  • Required that collectors of personally identifying information must use all reasonably available means to protect the information from unauthorized disclosure.
  • Created a presumption of harm when personally identifying information is disclosed without the subject's authorization.
  • Permitted disclosure of personally identifying information without authorization if it is publicly available from government records or there is a countervailing compelling interest in disclosure and no other reasonable way to accomplish that interest.

Supporters of the measure referred to it as the "Personal Privacy Protection Act."

Text of measure

Ballot title:

Personally Identifying Information. Confidentiality. Initiative Constitutional Amendment.

Official summary:

"Creates presumption that an individual's personally identifying information, including financial or health information, is confidential when collected for a commercial or governmental purpose. Requires collector of personally identifying information to use all reasonably available means to protect it from unauthorized disclosure. Creates presumption of harm when personally identifying information is disclosed without the subject's authorization. Permits disclosure of personally identifying information without authorization if it is publicly available from government records or there is a countervailing compelling interest in disclosure and no other reasonable way to accomplish that interest."

Fiscal impact statement:

(Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's Legislative Analyst and its Director of Finance.)

"Unknown but potentially significant costs to state and local governments from additional or more costly lawsuits, increased court workload, data security improvements, and changes to information-sharing practices."

Path to the ballot

See also: Signature requirements for ballot measures in California
  • Steve Peace and Michael Thorsnes submitted a letter requesting a ballot title on August 2, 2013.
  • A ballot title and summary were issued by the Attorney General of California's office on September 25, 2013.
  • 807,615 valid signatures were required for qualification purposes.
  • The 150-day circulation deadline for #13-0008 was February 24, 2014.
  • However, supporters announced in early October 2013 that they were withdrawing it from consideration.[1]

External links

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References


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