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Bill would curb sale and retention of precise location data, require court order for government access
Summary
AB 322 would ban sale or trade of precise location data to third parties, restrict collection to what is strictly necessary to provide a requested service, cap retention, and require a valid court order for government access; advocates said the measures protect immigrants and survivors, while law enforcement concerns were noted.
Assemblymember Ward presented AB 322, the California Location Privacy Act, proposing limits on the collection, retention, use and sale of precise location data. The bill would bar selling, leasing, or trading precise location information to third parties, limit collection to what is strictly necessary to provide a requested service, cap retention, and require a valid California court order before government agencies could access location data.
Supporters including civil-rights, consumer and immigrant-advocacy groups argued the bill is necessary to prevent misuse of location records by private brokers and government actors. "Last month in Los Angeles entire communities were upended by ICE raids ... These raids ... were guided by surveillance data often collected without consent," said Lan Li of Asian Americans Advancing Justice — Southern California. Consumer Reports' witness noted recent federal enforcement actions and FTC complaints against location-data brokers.
Law-enforcement stakeholders raised concerns about operational impacts and investigative access; the author said he expected cooperation on narrowly tailored exceptions but also asked members of the committee to consider additional law-enforcement proposals to balance privacy and public-safety needs. The hearing recessed before a full opposition panel could testify; committee staff later called the roll and confirmed quorum for resumption.
