Crimes: invasion of privacy.

Senator Caballero's privacy legislation carves out new exemptions for businesses processing personal information while maintaining existing prohibitions on unauthorized communication interceptions. The bill amends multiple sections of California's Penal Code to exclude commercial data processing activities from regulations governing wiretapping, recording of confidential communications, and use of tracking devices.

Under the amendments, businesses can intercept and record communications when processing personal information for legitimate commercial purposes or when subject to consumer opt-out rights. The bill preserves current exemptions for public utilities, correctional facilities, and hearing assistance devices while increasing penalties for unauthorized interceptions from $2,500 to $10,000 for repeat offenders. Civil remedies remain available for privacy violations outside of commercial contexts, with plaintiffs able to seek either $5,000 per violation or triple actual damages.

The legislation aligns privacy law definitions with existing Civil Code provisions regarding personal information processing and consumer rights. While maintaining core privacy protections against unauthorized surveillance, the amendments create a framework for businesses to handle customer communications data within defined parameters tied to legitimate commercial activities and consumer choice.