California Assembly Bill 1262
Session 20212022
Information privacy: other connected device with a voice recognition feature.
Active
Vetoed by Governor on Sep 29, 2022
Origin Chamber
Assembly
Type
Bill
Bill Number
1262
State
California
Session
20212022
Jordan Cunningham
grade
Author
Coauthor
Motion Text
AB 1262 Cunningham Concurrence in Senate Amendments
Assembly Roll Call Votes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Fong
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Summary
Existing law prohibits a person or entity from providing the operation of a voice recognition feature of a connected television within the state without prominently informing the specified user of the connected television during the initial setup or installation. Existing law prohibits any actual recordings of spoken word collected for a specified purpose through the operation of a voice recognition feature by the manufacturer of a connected television, or a contracting third party, from being sold or used for any advertising purpose. Existing law prohibits a person or entity from compelling a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature.
Existing law limits the liability of a manufacturer to functionality provided at the time of the original sale of a connected television and specifically excludes liability for functionality provided by applications the user chooses to use in the cloud or that are downloaded and installed by a user. Existing law prohibits a waiver of these prohibitions and authorizes their enforcement by injunction or civil penalty in a court of competent jurisdiction by the Attorney General or a district attorney. Existing law defines terms for these purposes.
This bill, beginning on January 1, 2024, would include smart speaker devices, as defined, within the scope of those provisions. The bill would prohibit any actual recordings or transcriptions collected or retained through the operation of a voice recognition feature by the manufacturer of a smart speaker device, that qualify as personal information or that are not deidentified, from being retained electronically or shared with, or sold to, a third party, unless the user has provided affirmative consent, as defined and specified, or the information is shared or retained for certain limited purposes. The bill would also prohibit the use of recordings made from an incorrect activation of the device, except as specified. The bill would also prohibit the manufacturer of a smart speaker device from retaining the recordings or transcripts, as specified, unless the user opts in. The bill would provide certain exemptions and would define related terms.
Existing law, an initiative measure that will take effect January 1, 2023, includes a definition of "consent" pertaining to consumer privacy.
This bill would expressly incorporate the initiative measure's definition of consent into the definition of affirmative consent for the purposes of these provisions.
02/19/21 - Introduced
February 19, 2021
06/29/21 - Amended Senate
June 29, 2021
01/03/22 - Amended Senate
January 3, 2022
08/01/22 - Amended Senate
August 1, 2022
08/25/22 - Amended Senate
August 25, 2022
09/02/22 - Enrolled
September 2, 2022
04/17/21- Assembly Privacy and Consumer Protection
April 17, 2021
05/03/21- Assembly Appropriations
May 3, 2021
05/07/21- ASSEMBLY FLOOR ANALYSIS
May 7, 2021
01/10/22- Senate Judiciary
January 10, 2022
08/05/22- Senate Appropriations
August 5, 2022
08/13/22- Sen. Floor Analyses
August 13, 2022
08/26/22- Sen. Floor Analyses
August 26, 2022
08/31/22- ASSEMBLY FLOOR ANALYSIS
August 31, 2022
10/03/22- ASSEMBLY FLOOR ANALYSIS
October 3, 2022
Sort by most recent
09/29/2022
Assembly
Vetoed by Governor.
09/02/2022
California State Legislature
Enrolled and presented to the Governor at 4 p.m.
08/31/2022
Assembly
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.).
08/31/2022
Assembly
In Assembly. Concurrence in Senate amendments pending.
08/31/2022
Senate
Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 5362.).
08/25/2022
Senate
Read third time and amended. Ordered to third reading.
08/11/2022
Senate
Read second time. Ordered to third reading.
08/11/2022
Senate
From committee: Do pass. (Ayes 5. Noes 0.) (August 11).
08/08/2022
Senate
In committee: Referred to suspense file.
08/01/2022
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
01/12/2022
Senate
From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (January 12). Re-referred to Com. on APPR.
01/03/2022
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
07/13/2021
Senate
In committee: Set, second hearing. Hearing canceled at the request of author.
06/29/2021
Senate
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
06/28/2021
Senate
In committee: Set, first hearing. Hearing canceled at the request of author.
05/19/2021
Senate
Referred to Com. on JUD.
05/11/2021
Senate
In Senate. Read first time. To Com. on RLS. for assignment.
05/10/2021
Assembly
Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 0. Page 1361.)
05/06/2021
Assembly
Read second time. Ordered to third reading.
05/05/2021
Assembly
From committee: Do pass. (Ayes 16. Noes 0.) (May 5).
04/26/2021
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 22). Re-referred to Com. on APPR.
04/23/2021
Assembly
Coauthors revised.
03/04/2021
Assembly
Referred to Com. on P. & C.P.
02/22/2021
Assembly
Read first time.
02/20/2021
Assembly
From printer. May be heard in committee March 22.
02/19/2021
Assembly
Introduced. To print.
Sources
Record Created
Feb 20, 2021 6:04:46 AM
Record Updated
Nov 24, 2022 12:25:00 PM