Movement For California

SECTION 1. TITLE

This measure shall be known and may be cited as the "California Privacy Protection Act."

SECTION 2. FINDINGS AND DECLARATIONS

The People of the State of California find and declare all of the following:

(a) Surveillance Threatens Democracy. Mass surveillance chills free speech, undermines democratic participation, and creates a climate of self-censorship incompatible with a free society. Research demonstrates that awareness of surveillance causes a 20 percent decline in information-seeking behavior on sensitive topics.

(b) Government Surveillance Has Been Abused. Federal agencies have conducted millions of warrantless searches of Americans' communications annually, with the Foreign Intelligence Surveillance Court documenting repeated constitutional violations over the past decade.

(c) Facial Recognition Technology Is Racially Biased. At least seven documented wrongful arrests in the United States have resulted from police reliance on facial recognition technology, with nearly every victim being Black. Studies confirm this technology misidentifies people of color at significantly higher rates than white individuals.

(d) Surveillance Causes Psychological Harm. Research demonstrates that constant surveillance causes mental health effects comparable to clinical depression and post-traumatic stress disorder, including chronic anxiety, hypervigilance, and relationship difficulties.

(e) Surveillance Enables Economic Exploitation. Corporations use mass surveillance and hidden algorithms to charge consumers the maximum price they will tolerate while paying workers the minimum wage they will accept, a practice known as "surveillance pricing" that fuels California's affordability crisis.

(f) Data Breaches Harm Consumers. The average cost of a data breach reached $4.88 million in 2024, with global cybercrime costs projected to reach $10.5 trillion annually. These costs are ultimately passed on to consumers.

(g) Current Protections Are Inadequate. Existing privacy laws fail to address the comprehensive harms of modern surveillance technologies. Californians deserve robust protections against both government and corporate surveillance.

(h) California Should Lead. As the world's fifth-largest economy and home to many technology companies, California has both the responsibility and the opportunity to establish model privacy protections for the nation.

SECTION 3. PURPOSE AND INTENT

In enacting this measure, it is the intent of the People of the State of California to:

(a) Protect the fundamental right of Californians to privacy in their persons, homes, communications, and data;

(b) Prohibit warrantless government surveillance of California residents;

(d) Outlaw surveillance pricing and algorithmic discrimination against consumers and workers;

(e) Require data minimization and purpose limitation by entities that collect personal information;

(f) Establish meaningful penalties for violations of privacy rights;

(g) Create private rights of action enabling Californians to enforce their privacy rights in court;

(h) Ensure that technological advancement serves the people of California rather than enabling their exploitation.

SECTION 4. THE CALIFORNIA PRIVACY PROTECTION ACT

CHAPTER 1. GENERAL PROVISIONS

Section 1798.300. Definitions.

For purposes of this title, the following definitions apply:

(a) "Biometric data" means data generated from the measurement or analysis of human body characteristics, including fingerprints, voiceprints, eye retinas, irises, facial geometry, gait, or other physical characteristics used to identify an individual.

(b) "Facial recognition technology" means an automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of an individual's face.

(c) "Government entity" means any state or local agency, department, bureau, office, or other governmental subdivision of the State of California.

(d) "Law enforcement agency" means any agency of the State of California or a political subdivision thereof that is authorized to enforce criminal statutes, regulations, or local ordinances.

(e) "Personal information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

(f) "Surveillance" means the collection, monitoring, analysis, or use of personal information, biometric data, location data, communications content, or metadata about California residents.

(g) "Surveillance pricing" means the practice of setting or adjusting prices for goods or services based on personal information about an individual consumer, including but not limited to financial status, shopping history, location, device information, or behavioral data.

CHAPTER 2. GOVERNMENT SURVEILLANCE PROTECTIONS

Section 1798.310. Warrant Requirement for Government Surveillance.

(a) No government entity shall conduct surveillance of a California resident without first obtaining a warrant issued by a court of competent jurisdiction based upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

(b) The warrant requirement in subdivision (a) applies to:

(1) Interception of electronic communications;

(2) Access to stored electronic communications or records;

(3) Collection of location data from electronic devices;

(4) Use of cell-site simulators or similar technology;

(5) Access to data held by third-party service providers;

(6) Any other form of electronic surveillance.

(1) The subject of surveillance has given voluntary, informed, and specific consent;

(2) Exigent circumstances exist involving imminent danger of death or serious physical injury;

(3) The surveillance is limited to publicly observable activities in public spaces and does not involve facial recognition technology.

Section 1798.315. Prohibition on Facial Recognition Technology.

(a) No law enforcement agency in California shall:

(1) Use facial recognition technology to identify individuals;

(2) Contract with any entity to use facial recognition technology on its behalf;

(3) Use any information obtained through facial recognition technology as evidence in any criminal proceeding;

(4) Use facial recognition technology in any public space, including but not limited to streets, parks, schools, and government buildings.

(b) Any evidence obtained in violation of this section shall be inadmissible in any court proceeding.

Section 1798.320. Transparency and Reporting Requirements.

(a) Each government entity that conducts surveillance shall publish an annual report including:

(1) The total number of surveillance requests made;

(2) The number of warrants obtained and denied;

(3) The types of surveillance conducted;

(4) The number of California residents affected;

(5) The outcomes of surveillance activities, including arrests and convictions.

(b) Reports shall be published on the entity's website and submitted to the California Attorney General.

CHAPTER 3. CONSUMER PRIVACY PROTECTIONS

Section 1798.330. Prohibition on Surveillance Pricing.

(a) No business operating in California shall engage in surveillance pricing by:

(1) Charging different prices to different consumers for the same good or service based on personal information about those consumers;

(2) Using algorithms or automated systems to set individualized prices based on a consumer's financial status, shopping history, location, device information, or behavioral data;

(3) Adjusting prices based on a consumer's perceived willingness or ability to pay as determined through data collection or analysis.

(b) Exceptions. This section does not prohibit:

(1) Discounts offered to all members of a defined group, such as seniors, students, veterans, or members of a loyalty program;

(2) Price differences based on the actual cost of providing goods or services to different locations;

(3) Time-based pricing that applies equally to all consumers, such as happy hour pricing or seasonal sales;

(4) Negotiated prices in business-to-business transactions.

(c) Presumption. If a consumer demonstrates that they were charged a different price than another consumer for the same good or service, it shall be presumed that the price difference resulted from surveillance pricing unless the business demonstrates otherwise.

Section 1798.335. Data Minimization Requirements.

(a) Any business that collects personal information from California residents shall:

(1) Collect only the minimum personal information necessary to provide the good or service requested by the consumer;

(2) Retain personal information only for the minimum time necessary to fulfill the purpose for which it was collected;

(3) Delete personal information within 90 days of the consumer's request;

(4) Not sell, share, or transfer personal information to third parties without explicit, informed consent.

(b) Consent obtained through pre-checked boxes, bundled terms, or take-it-or-leave-it conditions shall not constitute valid consent.

Section 1798.340. Algorithmic Transparency.

(a) Any business that uses automated decision-making systems that significantly affect California residents shall:

(1) Disclose the use of such systems to affected individuals;

(2) Provide a meaningful explanation of the factors considered and their relative importance;

(3) Offer the opportunity for human review of automated decisions upon request;

(4) Conduct and publish annual audits for discriminatory impacts.

CHAPTER 4. ENFORCEMENT AND REMEDIES

Section 1798.350. Civil Penalties.

(a) Government Violations. Any government entity that violates this title shall be liable for:

(1) Statutory damages of not less than $10,000 per violation;

(2) Actual damages suffered by the victim;

(3) Reasonable attorney's fees and costs.

(b) Business Violations. Any business that violates this title shall be liable for:

(1) For surveillance pricing violations: the greater of $5,000 per violation or three times the amount of any overcharge;

(2) For data minimization violations: $2,500 per affected consumer;

(3) For algorithmic transparency violations: $7,500 per violation;

(4) Reasonable attorney's fees and costs.

Section 1798.355. Private Right of Action.

(a) Any California resident whose rights under this title have been violated may bring a civil action in any court of competent jurisdiction.

(b) In any action brought under this section, the court may award:

(1) Actual damages;

(2) Statutory damages as provided in Section 1798.350;

(3) Punitive damages where the violation was willful or reckless;

(4) Injunctive relief;

(5) Reasonable attorney's fees and costs.

Section 1798.360. Attorney General Enforcement.

(a) The Attorney General may bring a civil action to enforce this title.

(b) The Attorney General may seek civil penalties of up to $25,000 per violation.

CHAPTER 5. MISCELLANEOUS PROVISIONS

Section 1798.370. Preemption.

(a) This title establishes minimum protections for California residents. Local governments may adopt additional protections that exceed the requirements of this title.

(b) This title does not preempt federal law where federal law provides greater protections.

Section 1798.375. Non-Waiver.

The rights provided by this title cannot be waived by contract or agreement. Any provision of a contract or agreement that purports to waive rights under this title is void and unenforceable.

Section 1798.380. Severability.

If any provision of this title, or the application thereof to any person or circumstances, is held invalid, the remainder of the title, and the application of such provision to other persons or circumstances, shall not be affected thereby.

SECTION 5. AMENDMENT

This Act may be amended by a two-thirds vote of both houses of the Legislature, provided that such amendments are consistent with and further the purposes of this Act.

SECTION 6. EFFECTIVE DATE

This Act shall become effective on January 1 following its approval by the voters.

SECTION 7. CONFLICTING MEASURES

In the event that this measure and another measure or measures relating to privacy protection appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void.

FISCAL IMPACT STATEMENT

Category	Annual Amount
Privacy Protection Division (Attorney General)	$5-8 million
Court system (increased caseload)	$2-4 million
Government entity compliance	$10-15 million
Total State Costs	$17-27 million
Civil penalties (government violations)	$5-15 million
Civil penalties (business violations)	$50-200 million
Total Revenue	$55-215 million
NET FISCAL IMPACT	+$28-188 million

QUALIFICATION REQUIREMENTS

To qualify this initiative for the ballot, proponents must collect valid signatures from registered California voters equal to 5% of the votes cast for Governor in the most recent gubernatorial election.

Requirement	Number
Signatures Required	546,651
Filing Fee	$2,000
Circulation Period	180 days

This proposition was drafted for the Movement For California platform.