This post was originally published to Seyfarth's Global Privacy Watch blog.
California Senate Bill 690 (SB 690), introduced by Senator Anna Caballero, is continuing to proceed through the California state legislative process. The proposed bill would amend the California Invasion of Privacy Act (CIPA) by adding an exception to the statute which has the effect of permitting use of tracking technologies for "commercial business purposes." CIPA, enacted in 1967, was originally established to prohibit the unauthorized recording of or eavesdropping on confidential communications, including telephone calls and other forms of electronic communication. However, over recent years CIPA claims in lawsuits have been used to target business' online use of cookies, pixels, trackers, chatbots, and session replay tools on their websites.
If passed, SB 690 would exempt the use of such online tracking technologies from violating CIPA, provided they are used for a “commercial business purpose” and comply with existing privacy laws like the California Consumer Privacy Act (CCPA). SB 690 could significantly impact current litigation under CIPA for online business activities. Not only will plaintiffs be far less likely to file new lawsuits alleging violations of CIPA, but SB 690's provisions are explicitly made retroactive to any cases pending as of January 1, 2026, which could lead to dismissals of ongoing lawsuits, as well.
On April 29, 2025, the Senate Public Safety Committee unanimously voted to advance SB 690, and it was subsequently re-referred to the Senate Appropriations Committee. A hearing before the Appropriations Committee is currently scheduled for May 19, 2025.
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