WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)–(g) 7200. For purposes of this part, the following definitions apply: (a) "Aggregate consumer informationAggregate consumer information"Aggregate consumer information" means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device.Civ. Code § 7200(a)" means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. (b) "Covered informationCovered information"Covered information" means either personally identifiable information or aggregate consumer information.Civ. Code § 7200(b)" means either personally identifiable informationPersonally identifiable information"Personally identifiable information" shall have the same meaning as "personal information" as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder.Civ. Code § 7200(e) or aggregate consumer informationAggregate consumer information"Aggregate consumer information" means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device.Civ. Code § 7200(a). (c) "Electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" means a technological method or system of surveillance used to gather covered information.Civ. Code § 7200(c)" means a technological method or system of surveillance used to gather covered informationCovered information"Covered information" means either personally identifiable information or aggregate consumer information.Civ. Code § 7200(b). (d) "PersonPerson"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.Civ. Code § 7200(d)" means a natural personPerson"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.Civ. Code § 7200(d) or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization. (e) "Personally identifiable informationPersonally identifiable information"Personally identifiable information" shall have the same meaning as "personal information" as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder.Civ. Code § 7200(e)" shall have the same meaning as "personal information" as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder. (f) "Standard priceStandard price"Standard price" means the price of a good or service that is set for all consumers that is not based upon covered information.Civ. Code § 7200(f)" means the price of a good or service that is set for all consumers that is not based upon covered informationCovered information"Covered information" means either personally identifiable information or aggregate consumer information.Civ. Code § 7200(b). (g) "Surveillance pricingSurveillance pricing"Surveillance pricing" means using covered information gathered through electronic surveillance technology to set the price of a commercial good or service for a consumer that differs from the standard price.Civ. Code § 7200(g)" means using covered informationCovered information"Covered information" means either personally identifiable information or aggregate consumer information.Civ. Code § 7200(b) gathered through electronic surveillance technologyElectronic surveillance technology"Electronic surveillance technology" means a technological method or system of surveillance used to gather covered information.Civ. Code § 7200(c) to set the price of a commercial good or service for a consumer that differs from the standard priceStandard price"Standard price" means the price of a good or service that is set for all consumers that is not based upon covered information.Civ. Code § 7200(f).
Section 7200 establishes the definitional framework for the surveillance pricing prohibition. Key terms include covered information (personally identifiable information or aggregate consumer information), electronic surveillance technology (any technological method or system used to gather covered information), standard price (the price set for all consumers not based on covered information), and surveillance pricing (using covered information gathered through electronic surveillance technology to set a price that differs from the standard price).
Notably, the amended version broadened the scope beyond personally identifiable information to also capture aggregate consumer information — information about groups or categories of consumers from which individual identities have been removed but which is still used to differentiate pricing.
(a) 1 Except as provided in subdivision (b), a personPerson"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.Civ. Code § 7200(d) shall not engage in surveillance pricingSurveillance pricing"Surveillance pricing" means using covered information gathered through electronic surveillance technology to set the price of a commercial good or service for a consumer that differs from the standard price.Civ. Code § 7200(g).
(b)(1)–(3) 1 A personPerson"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.Civ. Code § 7200(d) may engage in surveillance pricingSurveillance pricing"Surveillance pricing" means using covered information gathered through electronic surveillance technology to set the price of a commercial good or service for a consumer that differs from the standard price.Civ. Code § 7200(g) if any of the following apply: (1) The difference from the standard priceStandard price"Standard price" means the price of a good or service that is set for all consumers that is not based upon covered information.Civ. Code § 7200(f) charged to a consumer is based solely on the cost to the person of providing the good or service to that consumer. (2) The difference from the standard priceStandard price"Standard price" means the price of a good or service that is set for all consumers that is not based upon covered information.Civ. Code § 7200(f) is a discount offered to all consumers on equal terms in a manner consistent with applicable antidiscrimination laws. If the personPerson"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.Civ. Code § 7200(d) gathers personally identifiable informationPersonally identifiable information"Personally identifiable information" shall have the same meaning as "personal information" as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder.Civ. Code § 7200(e) in connection with the provision of this discount, the personPerson"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.Civ. Code § 7200(d) shall ensure both of the following: (A) That the consumer receives a clear and conspicuous written notice describing in readily ascertainable terms the specific intended purposes for which the personPerson"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.Civ. Code § 7200(d) will use the personally identifiable informationPersonally identifiable information"Personally identifiable information" shall have the same meaning as "personal information" as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder.Civ. Code § 7200(e) before the personPerson"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.Civ. Code § 7200(d) uses the information for those purposes. (B) That the consumer provides written affirmative consent for any purpose described in subparagraph (A) before their personally identifiable informationPersonally identifiable information"Personally identifiable information" shall have the same meaning as "personal information" as defined in paragraph (1) of subdivision (v) of Section 1798.140 of the Civil Code and any regulations promulgated thereunder.Civ. Code § 7200(e) is used for that purpose. (3) The personPerson"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.Civ. Code § 7200(d) operates as an insurer complying with Section 791.02 of the Insurance Code and the pricing is in connection with that activity.
Section 7202 contains the bill's core operative prohibition: no person may engage in surveillance pricing. This is a broad prohibition covering any entity that uses covered information — including both personally identifiable information and aggregate consumer information — gathered through electronic surveillance technology to set prices for goods or services that differ from the standard price.
Subdivision (b) carves out three exceptions: (1) price differences based solely on the cost of providing the good or service to that consumer; (2) discounts offered to all consumers on equal terms consistent with antidiscrimination laws, provided that if personally identifiable information is gathered in connection with the discount, the person must give clear written notice of intended uses and obtain written affirmative consent; and (3) insurer pricing in compliance with Insurance Code § 791.02.
(a)–(c) 2 In addition to any other remedy at law, a personPerson"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.Civ. Code § 7200(d) that violates this part shall be liable for a civil penalty for each violation not to exceed the jurisdiction of small claims court for individuals, where each violation means each item of tangible property or each use of a service sold in violation of Section 7202. (b) A personPerson"Person" means a natural person or an entity, including, but not limited to, a corporation, partnership, association, trust, limited liability company, cooperative, or other organization.Civ. Code § 7200(d) that intentionally violates this part shall be liable for a civil penalty no greater than three times the amount of the penalty assessed pursuant to subdivision (a) and shall disgorge all revenues earned from the violation. (c) A prevailing party in an action brought pursuant to this part shall be awarded reasonable attorney's fees and costs.
Section 7204 establishes the enforcement mechanism for the surveillance pricing prohibition. It creates a tiered penalty structure: a civil penalty per violation capped at the jurisdiction of small claims court for individuals (currently $12,500 in California), with each item sold or each use of a service counting as a separate violation. Intentional violations trigger treble penalties plus mandatory disgorgement of all revenues earned from the violation. The section also provides for recovery of reasonable attorney's fees and costs by a prevailing party.
Any waiver of this part is against public policy and is void and unenforceable.
Section 7208 declares that any waiver of the surveillance pricing protections is against public policy and is void and unenforceable. This prevents businesses from requiring consumers to waive their rights under the act through contracts, terms of service, or other agreements.
The Legislature finds and declares that this act furthers the purposes and intent of the California Privacy Rights Act of 2020.
Section 2 of the act is a legislative finding declaring that the bill furthers the purposes and intent of the California Privacy Rights Act of 2020 (Proposition 24). This positions the surveillance pricing prohibition as complementary to the CCPA/CPRA framework and may bear on judicial interpretation of the bill's scope.