California Senate Bill SB690

California 2025-2026 Regular Session

• Introduced: 2/21/25
• Refer: 3/5/25
• Refer: 3/24/25
• Refer: 4/2/25
• Report Pass: 4/30/25
• Refer: 4/30/25
• Report Pass: 5/23/25
• Engrossed: 6/3/25
• Refer: 6/16/25
• Report Pass: 7/2/25
• Refer: 7/2/25

Caption

An act to amend Sections 631, 632, 632.7, 637.2, and 638.50 Section 637.2 of the Penal Code, relating to crimes.

Summary

SB 690 revises California’s wiretapping and privacy-crimes statutes to create a broad exemption for conduct undertaken for a “commercial business purpose.” The bill amends Penal Code sections governing wiretapping, eavesdropping, cellular/cordless call interception, civil remedies, and definitions of pen registers and trap-and-trace devices. Under the bill, certain interception or recording activities that are part of processing personal information for a commercial business purpose would no longer fall within the criminal prohibitions or the private right of action in these sections. The bill defines “commercial business purpose” by reference to the processing of personal information that is either done to further a business purpose under the California Consumer Privacy Act or subject to consumer opt-out rights. It also states that pen registers and trap-and-trace devices do not include devices or processes used in a manner consistent with a commercial business purpose. In addition, the bill makes the changes retroactive and applicable to any case pending as of January 1, 2026, which could affect ongoing litigation or prosecutions involving these privacy statutes.

Impact

SB 690 would narrow the reach of Penal Code sections 631, 632, 632.7, 637.2, and 638.50 by carving out commercial data-processing and related communications activities from existing invasion-of-privacy prohibitions and civil enforcement provisions. The practical effect is to reduce criminal and civil exposure for businesses whose interception, recording, or signaling-data practices are tied to processing personal information for business purposes or consumer-opt-out-regulated processing. The retroactivity clause could also alter the outcome of pending cases as of January 1, 2026, and the bill may interact with California privacy law, including Civil Code definitions of personal information, processing, and business purpose.

Sentiment

The available voting record shows strong support and no recorded opposition at each stage, with unanimous committee votes and a 35-0 Senate floor vote. The bill advanced through committee and floor consideration without any recorded nay votes, suggesting broad legislative comfort with the measure’s direction or at least with moving it forward. There is no committee transcript in the provided materials, so the record does not show detailed debate or public testimony.

Contention

The main point of contention is the scope of the new “commercial business purpose” exemption. Supporters appear to favor clarifying that ordinary business data-processing and related communications practices should not be treated as criminal wiretapping or eavesdropping, while critics could argue that the exemption is too broad and may weaken privacy protections or limit remedies for individuals whose communications or data are intercepted. The retroactive application to pending cases is another potentially contentious feature because it could affect existing claims and defenses, but no specific opposition is reflected in the vote history provided.