Yesterday afternoon, July 1, 2026, the California Assembly Committee on Privacy and Consumer Protection passed an amended version of Senate Bill 690, paving the way for significant CIPA reform upon passage of the bill into law later this year. The newly amended bill passed in committee is currently limited to addressing liability under California Penal Code Section 638.51, known as the pen register / trap and trace provision.

As amended, SB690 would restrict CIPA’s private right of action under California Penal Code Section 637.2 so that only the Attorney General could bring actions against persons or entities under Section 638.51 when based on “an internet website, online application, or mobile application.” On its effective date, SB690 will also apply retroactively to any pending claim brought under Section 638.51 filed within the prior two years. 

As currently drafted, SB690 is set to become effective as of January 1, 2027, and would cover all pending claims under Section 638.51 filed on or after January 1, 2025.

A broad coalition appeared at the committee hearing to voice their support for SB690. Committee member comments at the hearing indicated that further amendments aimed at curbing other CIPA litigation being pursued by private persons may be considered and added to the bill before the August 31, 2026 deadline for the entire Assembly and Senate to pass SB690 through a floor vote. Further amendments may address claims brought under CIPA Section 631(a), known as the wiretapping provision. Following passage by floor vote, unless signed into law earlier or vetoed by Governor Gavin Newsom, SB690 will become law on September 30, 2026.

Key Takeaways:

– The amendment eliminates a private right of action under the pen register / trap and trace provision (Section 638.51).
– The amendment would retroactively apply to claims filed within the two years prior to the effective date. As currently drafted, the amendment would become effective January 1, 2027, and would retroactively apply to any claims filed on or after January 1, 2025.
– Legislative momentum and a recognition of need for further change appears strong, with broad support and indications that additional amendments—potentially addressing the wiretapping provision under Section 631(a)—may be introduced before final passage. 

Businesses should continue to monitor developments closely and assess their risk exposure, particularly with respect to website tracking and communication technologies. For additional information, please contact Kevin Dolan () and Jim Monagle ().