Washington – The Computer & Communications Industry Association is testifying today before the California Assembly Committee on Privacy and Consumer Protection in opposition to SB 1130, warning that the legislation is overly broad and could impose criminal and civil liability on manufacturers, retailers, employers, and other businesses.
While CCIA supports efforts to safeguard individual privacy, SB 1130’s definition of a “wearable recording device” risks capturing a wide range of everyday technologies, like communication headsets, action cameras, and body-mounted cameras. CCIA also raises concerns that the bill’s undefined standards create significant legal uncertainty. The legislation fails to clearly define key terms and relies on an ambiguous “reasonable expectation of privacy” standard that could lead to inconsistent enforcement for lawful conduct. The association also warns that the bill’s “primary purpose” test for anti-circumvention technology is subjective and difficult for manufacturers, distributors, and retailers to apply in practice.
CCIA recommends clarifying that liability rests with the individual who unlawfully records others, not the companies that manufacture or sell the wearable devices. The association also urges lawmakers to replace the bill’s “primary purpose” standard with a knowledge-based requirement and to adopt more specific, defined recording prohibitions modeled on existing California law to provide businesses and consumers with clear compliance standards while protecting privacy.
The following statement can be attributed to Aodhan Downey, State Policy Manager, West Region at CCIA:
“Everyone deserves strong privacy protections, and those protections need to be paired with clear, workable rules. SB 1130, as drafted, risks holding manufacturers, retailers, and other businesses liable for the actions of individuals while creating uncertainty around what products and conduct are actually covered. California can protect privacy without discouraging innovation or exposing responsible businesses to broad and unpredictable liability.”
