AB 1833 California Assembly · 2025-2026 Regular Session

Consumer Driving Data Protection Act of 2026.

Summary

The Insurance Rate Reduction and Reform Act of 1988, an initiative measure enacted by Proposition 103, as approved by the voters at the November 8, 1988, statewide general election, prohibits specified insurance rates from being approved or remaining in effect that are excessive, inadequate, unfairly discriminatory, or otherwise in violation of the act. Under the act, rates and premiums for automobile insurance are determined based on specified factors, including the insured's driving safety record. Existing law authorizes the provisions of Proposition 103 to be amended by a statute that furthers the purposes of the act and is enacted by the Legislature with a 23 vote. This bill, the Consumer Driving Data Protection Act of 2026, would authorize a consumer to opt to use telematics to establish their driving record, thus amending Proposition 103. The bill would prohibit the use of telematics data for a purpose other than rating private passenger automobile insurance. The bill would require a rate application under which telematics would be used to establish an insured's driving record to include specified materials related to the insurer's telematics program. This bill would prohibit an insurer that uses telematics from taking specified actions, including conditioning eligibility for a discount upon participation in a telematics program, unless the discount is approved by the commissioner. The bill would also set forth consent and privacy requirements for the collection and use of telematics data. The bill would authorize the commissioner to impose specified penalties for violations of the bill's provisions, including civil penalties and suspension of an insurer's telematics program. The bill would declare that its provisions further the purposes of Proposition 103.

Issues: ✓ Technology

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 11, 2026 Last action Apr 13, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

03/16/26 - Amended Assembly → AB1833 · 3 edits

MINOR

This diff reflects a reformatting of AB 1833 (Consumer Driving Data Protection Act of 2026) as displayed on the California legislature website. The substantive legal text of the bill remains unchanged between versions. The differences are limited to website layout elements (navigation menus, search tools, page structure), removal of line numbers and page headers, and minor display formatting adjustments.

TECHNICAL

Website navigation and layout elements were added (skip to content, home, accessibility, FAQ, feedback, sitemap, login, quick search, bill tracking links, share options).

Page numbers, line-by-line numbering, and the old formatted page headers/footers were removed from the display.

The fiscal committee field changed display from 'no' to 'YES', which may reflect a correction in the bill's fiscal designation or a website display update.

02/11/26 - Introduced → 03/16/26 - Amended Assembly · 9 edits · Mar 16, 2026

MAJOR

AB 1833 was transformed from a minor technical fix to a Vehicle Code definition into a comprehensive new law called the Consumer Driving Data Protection Act of 2026. The amended bill adds an entirely new Article 10.5 to the Insurance Code establishing rules for telematics-based auto insurance rating, including consumer consent requirements, data privacy protections, and enforcement mechanisms. The original technical Vehicle Code amendment is retained but renumbered as a secondary provision.

SCOPE

Added an entirely new Article 10.5 (Sections 1861.5 through 1861.61) to the Insurance Code creating a comprehensive framework for telematics and usage-based insurance programs, including definitions, consumer rights, data use restrictions, rate application requirements, model governance, data security, third-party provider obligations, anti-retaliation protections, and enforcement penalties.

The bill now requires a two-thirds legislative vote (to amend Proposition 103) instead of a simple majority, and fiscal committee review is now required (changed from no to yes), reflecting the expanded scope and potential budgetary impact.

ELIGIBILITY

Consumers may voluntarily opt to use telematics data to establish their driving safety record for auto insurance rating purposes. Participation must be strictly voluntary; insurers cannot require it as a condition of coverage or penalize consumers who decline.

REQUIREMENT

Insurers must obtain prior written consumer consent before collecting telematics data, provide detailed disclosures (data categories, collection methods, purpose, premium impact, third-party providers, retention duration, and consumer rights), and ensure it is equally easy to opt out as to opt in.

Telematics data may only be used for rating private passenger automobile insurance as a driving safety record. It cannot be used for underwriting, claims, marketing, or any other purpose. Data cannot be sold, licensed, shared for consideration, or used for marketing.

FISCAL

Rate applications using telematics must include complete program descriptions, all data elements, scoring models with algorithms and weighting factors, validation studies, consumer disclosure forms, third-party contracts, privacy documentation, and class plan applications before being deemed complete.

ENFORCEMENT

Violations constitute rating violations subject to civil penalties, corrective orders, suspension of the telematics program, and license discipline including revocation. The commissioner may also require independent audits and prohibit or suspend programs that cause excessive, inadequate, or unfairly discriminatory rates.

DEFINITION

New definitions added for consent, consumer authorization, scoring model, telematics, telematics data, telematics program, and third-party telematics provider, all specific to the insurance rating context.

TECHNICAL

The original Vehicle Code amendment (fixing the typo 'any other another' to 'another' in the definition of connected vehicle location access) is retained but renumbered from Section 1 to Section 4 of the bill.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 13, 2026

Lower · Passed

In committee: Set, first hearing. Hearing canceled at the request of author.

lower

Mar 17, 2026

Committee

Re-referred to Com. on P. & C.P.

lower

Mar 16, 2026

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on P. & C.P. Read second time and amended.

lower

Mar 16, 2026

Committee

Referred to Coms. on P. & C.P. and INS.

lower

Feb 12, 2026

Lower · Passed

From printer. May be heard in committee March 14.

lower

1 primary · 0 co-sponsors