Crimes: invasion of privacy.

Senator Caballero's privacy legislation carves out new exemptions from California's communication interception laws for businesses processing personal information for commercial purposes. The bill amends several sections of the Penal Code to exclude commercial data processing activities from existing prohibitions on intercepting or recording communications without consent.

The amendments establish that businesses may intercept communications and collect data when doing so furthers legitimate business objectives or when consumers have opt-out rights under state privacy laws. This includes exempting commercial activities from restrictions on using pen registers and trap and trace devices that capture routing and addressing information. The bill also bars individuals from bringing civil actions against companies for personal information processing conducted for business purposes.

The legislation applies retroactively to any relevant cases pending as of January 1, 2026. While maintaining current penalties for unauthorized interceptions, the bill preserves existing exemptions for public utilities, telephone companies, and correctional facilities. Evidence obtained through prohibited interceptions remains inadmissible except in prosecutions for violations of the specific code sections.