LEGISLATIVE COUNSEL'S DIGEST


AB 524, as amended, Bass. Privacy.
Existing law provides that a person is liable for constructive
invasion of privacy when the defendant attempts to capture, in a
manner that is offensive to a reasonable person, or knowingly
trespasses or commits assault with the intent to capture, as
specified, any type of visual image, sound recording, or other
physical impression of the plaintiff engaging in a personal or
familial activity under circumstances in which the plaintiff had a
reasonable expectation of privacy, through the use of a visual or
auditory enhancing device, as specified. The person who commits the
act is liable for up to 3 times the amount of general and special
damages, and may be liable for punitive damages. However, the sale,
transmission, publication, broadcast, or use of any image or
recording of the type, or under the circumstances, described does not
itself constitute a violation of that provision.
This bill would create an exception to the latter provision
regarding the first sale, offer for sale,
transmission, publication, broadcast, or other use of
an any visual image or
, sound recording , or other physical
impression, if the person sold, transmitted, published,
broadcast, or used any image or recording of the type described in
the provision above with actual knowledge , as defined, that
the images or recordings were obtained illegally
in violation of specified provisions and
provided compensation, consideration, or remuneration, monetary or
otherwise, for the use of, or rights to ,
the unlawfully obtained images or recordings
visual image, sound recording, or other physical
impression. The bill would specify that those provisions apply only
to a visual image, sound recording, or other physical impression that
is captured or taken in California after January 1, 2010 . The
bill would also make technical changes.
The bill would provide that a person who violates the provisions
described above, or who directs, solicits, actually induces, or
actually causes another person to violate any of those provisions
would be subject to a civil fine of not less than $5,000 and not more
than $50,000.
The bill would authorize a county counsel or a city attorney to
recover those civil fines, as specified. The bill would specify the
allocation of the fines collected pursuant to the foregoing
provision, including 1/2 to the prosecuting agency. The bill would
also establish the Arts and Entertainment Fund in the State Treasury
for the deposit of 1/2 of the fines, for expenditure by the
California Arts Council, upon appropriation by the Legislature, as
specified.

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Comments/questions on AB 524 (Bass): Privacy.