On September 30, Governor Brown signed Assembly Bill (AB) 2306, authored by Assemblymember Ed Chau (D-Monterey Park), which would strengthen California privacy laws by making the use of “any device” to record personal or familial activities a constructive invasion of privacy.

“As technology continues to advance and new robotic-like devices become more affordable for the general public, the possibility of an individual’s privacy being invaded substantially increases,” said Assemblymember Chau.  “I applaud the Governor for signing AB 2306, because it will ensure that our state’s invasion of privacy statute remains relevant even as technology continues to evolve.”

Under existing law, a person is liable for a ‘physical’ invasion of privacy if that person trespasses onto someone’s property to capture an image or sound recording of the person in a personal or familial activity. It is a ‘constructive’ invasion of privacy if this is done without a physical trespassing but through the use of a “visual or auditory enhancing device.”

AB 2306 recognizes that many new technologies could permit an invasion of privacy without a physical trespassing, even though those devices might not technically qualify as a “visual or auditory enhancing device;” which is a term that is not defined in existing law. Instead, AB 2306 makes our laws less technology specific and focuses more on the intrusive conduct itself.

Assemblymember Ed Chau represents the 49th Assembly District, comprised of the communities of Alhambra, Arcadia, El Monte, Monterey Park, Rosemead, San Gabriel, San Marino, Temple City and portions of Montebello, and South El Monte.  Assemblymember Chau is Chair of the Assembly Select Committee on Privacy.