Bill > A2390

Introduced Session

This bill enacts the "Reader Privacy Act," which extends reader privacy protections to book purchases, including the purchase of electronic books (e-books). Under current law, library records which contain the names or other personally identifying details regarding the users of libraries are confidential and protected from disclosure except in certain circumstances. This bill extends similar protections to book services users, namely the readers and purchasers of books and e-books. The bill defines a "book service" as a service that, as its primary purpose, provides the rental, purchase, borrowing, browsing, or viewing of books. Under the bill's provisions, a law enforcement entity or other government entity is not to seek the disclosure of the personal information of a book service user from a provider, except in the following circumstances: (1) disclosure is requested or consented to by the user; (2) disclosure is pursuant to a subpoena or court order; or (3) a government entity requires that a provider serving an institution of higher education disclose the personal information of a user to a government entity in order to be reimbursed for the sale or rental of a book that was purchased or rented by a student using book vouchers or other financial aid subsidies for books. The bill prohibits a book service provider from disclosing a book service user's personal information, except if disclosure is: (1) requested or consented to by the user; (2) pursuant to a subpoena or court order; or (3) required in order for a provider serving an institution of higher education to be reimbursed for the sale or rental of a book that was purchased or rented by a student using book vouchers or other financial aid subsidies for books. Further, the bill provides that a law enforcement entity may seek, and a provider is to disclose, the personal information of a book service user if the law enforcement entity asserts that there is an imminent danger of death or serious physical injury requiring the immediate disclosure of the requested personal information and that there is insufficient time to obtain a subpoena or court order. The law enforcement entity will provide to the provider a written confirmation of its assertions upon request or no later than seven days after seeking disclosure.

Committee Categories

Benjie Wimberly (D)*, 

Introduced, Referred to Assembly Consumer Affairs Committee (on 02/03/2020)