BILL NUMBER: AB 3011	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 22, 2008

   An act to amend Section 2891 of the Public Utilities Code,
relating to telephone records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3011, as introduced, Huffman. Telephone records: subscriber
information.
   Existing law prescribes the circumstances under which telephone
corporations may release information regarding residential
subscribers without their consent in writing. Existing law requires
the telephone corporations to inform a residential subscriber
regarding the identity of each person or corporation to whom the
information has been released, upon written request.
    This bill would extend these protections to apply to all
subscribers.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2891 of the Public Utilities Code is amended to
read:
   2891.  (a) No telephone or telegraph corporation shall make
available to any other person or corporation, without first obtaining
the  residential  subscriber's consent, in writing,
any of the following information:
   (1) The subscriber's personal calling patterns, including any
listing of the telephone or other access numbers called by the
subscriber, but excluding the identification to the person called of
the person calling and the telephone number from which the call was
placed, subject to the restrictions in Section 2893, and also
excluding billing information concerning the person calling which
federal law or regulation requires a telephone corporation to provide
to the person called.
   (2) The residential  subscriber's credit or other
personal financial information, except when the corporation is
ordered by the commission to provide this information to any
electrical, gas, heat, telephone, telegraph, or water corporation, or
centralized credit check system, for the purpose of determining the
creditworthiness of new utility subscribers.
   (3) The services  which the residential  
that the  subscriber purchases from the corporation or from
independent suppliers of information services who use the corporation'
s telephone or telegraph line to provide service to the 
residential  subscriber.
   (4) Demographic information about individual  residential
 subscribers, or aggregate information from which individual
identities and characteristics have not been removed.
   (b) Any  residential  subscriber who gives his or
her written consent for the release of one or more of the categories
of personal information specified in subdivision (a) shall be
informed by the telephone or telegraph corporation regarding the
identity of each person or corporation to whom the information has
been released, upon written request. The corporation shall notify
every  residential  subscriber of the provisions of
this subdivision whenever consent is requested pursuant to this
subdivision.
   (c) Any  residential  subscriber who has,
pursuant to subdivision (b), given written consent for the release of
one or more of the categories of personal information specified in
subdivision (a) may rescind this consent upon submission of a written
notice to the telephone or telegraph corporation. The corporation
shall cease to make available any personal information about the
subscriber, within 30 days following receipt of notice given pursuant
to this subdivision.
   (d) This section does not apply to any of the following:
   (1) Information provided by  residential 
subscribers for inclusion in the corporation's directory of
subscribers.
   (2) Information customarily provided by the corporation through
directory assistance services.
   (3) Postal ZIP Code information.
   (4) Information provided under supervision of the commission to a
collection agency by the telephone corporation exclusively for the
collection of unpaid debts.
   (5) Information provided to an emergency service agency responding
to a 911 telephone call or any other call communicating an imminent
threat to life or property.
   (6) Information provided to a law enforcement agency in response
to lawful process.
   (7) Information which is required by the commission pursuant to
its jurisdiction and control over telephone and telegraph
corporations.
   (8) Information transmitted between telephone or telegraph
corporations pursuant to the furnishing of telephone service between
or within service areas.
   (9) Information required to be provided by the corporation
pursuant to rules and orders of the commission or the Federal
Communications Commission regarding the provision over telephone
lines by parties other than the telephone and telegraph corporations
of telephone or information services.
   (10) The name and address of the lifeline customers of a telephone
corporation provided by that telephone corporation to a public
utility for the sole purpose of low-income ratepayer assistance
outreach efforts. The telephone corporation receiving the information
request pursuant to this paragraph may charge the requesting utility
for the cost of the search and release of the requested information.
The commission, in its annual low-income ratepayer assistance
report, shall assess whether this information has been helpful in the
low-income ratepayer assistance outreach efforts.
   (11) Information provided in response to a request pursuant to
subdivision (a) of Section 530.8 of the Penal Code.
   (e) Every violation is a grounds for a civil suit by the aggrieved
 residential  subscriber against the telephone or
telegraph corporation and its employees responsible for the
violation.
   (f) For purposes of this section, "access number" means a telex,
teletex, facsimile, computer modem, or any other code which is used
by a  residential  subscriber of a telephone or
telegraph corporation to direct a communication to another subscriber
of the same or another telephone or telegraph corporation.