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This bill enacts the Stop Foreign Governments from Accessing Californians’ Sensitive Personal Information Act which would require a business to disclose to a consumer if the business intends to maintain the consumer’s personal information outside of the United States. It does the following:
- prohibits a business from maintaining a consumer’s personal information outside of the United States unless, among other things, the consumer explicitly consented to the business maintaining the consumer’s personal information outside of the United States.
- prohibits a business from maintaining personal information that is health care information, financial information, or geolocation data in the custody of a foreign government or a third party that is owned or controlled by a foreign government.
- furthers the purposes and intent of the California Privacy Rights Act of 2020.
More specifically,
- The business has informed the consumer of potential risks associated with the business maintaining the consumer’s personal information outside of the United States.
- The consumer explicitly consented to the business maintaining the consumer’s personal information outside of the United States.
- The personal information is not health care information, financial information, or geolocation data.
Overall,
- A business shall not maintain personal information that is health care information, financial information, or geolocation data in the custody of a foreign government or a third party that is owned or controlled by a foreign government.
To read Assembly Bill 364 in its entirety, visit leginfo.legislature.ca.gov.