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California’s new SB 690 changes who can sue private actors under one part of the state’s privacy law for certain website and app conduct: starting January 1, 2027, only the California attorney general may bring an action under California Invasion of Privacy Act (CIPA) section 638.51 in that context. The change also reaches specified pending claims. It does not repeal CIPA, make all online tracking lawful, or eliminate every private lawsuit involving tracking.
What California changed
SB 690 targets CIPA section 638.51, the provision addressing pen-register and trap-and-trace devices. For actions against private actors alleging conduct on an internet website, online application, or mobile application, the enacted law authorizes only the California Attorney General to bring a section 638.51 action. The final, chaptered bill is summarized in CalMatters’ SB 690 bill record.
Section 638.51 claims involving online tracking have been framed around metadata, such as IP addresses and routing information. That is a narrower subject than every form of wiretapping or eavesdropping. CIPA sections 631 and 632 address other conduct, including interception of communications, and were not removed by SB 690. The precise claim depends on what happened and which legal elements apply; a website’s use of a tracker alone does not establish a violation.
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Gov. Gavin Newsom signed SB 690 on September 30, 2026. It takes effect January 1, 2027. The new restriction also applies to qualifying pending claims in actions commenced during the two years before that operative date—described by DLA Piper as actions filed on or after January 1, 2025. How the provision applies to a particular case may be disputed, and an action may include claims beyond section 638.51. See DLA Piper’s October 2026 analysis.
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What the law does—and does not—cover
| Issue | What SB 690 provides |
|---|---|
| Covered provision | CIPA section 638.51, for actions against private actors alleging conduct on a website, online application, or mobile application. |
| Who may bring the covered action | Only the California Attorney General. |
| Effective date | January 1, 2027. |
| Pending claims | The restriction applies to qualifying pending claims in actions commenced within the two years before the operative date; application in a specific case may be disputed. |
| Other CIPA claims | Sections 631 and 632 remain potential bases for claims; SB 690 did not repeal them. |
| Other legal theories | Legal commentary identifies the federal Wiretap Act and other statutory or common-law theories as possible routes, depending on the facts and legal elements. |
In practical terms, SB 690 narrows one private enforcement route; it does not decide whether a particular tracker is lawful or guarantee that a related case will be dismissed. The statute’s scope and the facts of each claim still matter.
Why the bill became a privacy fight
CIPA was enacted in 1967 to address wiretapping, eavesdropping, interception, and recording of telephone communications. Courts later applied its broad language to online communications. California added section 638.51 in 2015, creating the pen-register and trap-and-trace provision now at the center of the dispute.
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SB 690 began as a broader proposal for a commercial-purpose exemption touching multiple CIPA provisions. The Assembly Committee on Privacy and Consumer Protection’s July 1, 2026 analysis criticized that proposal as too blunt because it could shield genuine privacy violations. Negotiations narrowed the final bill to the section 638.51 enforcement change for covered online conduct; the earlier broad exemption did not become law. The committee’s July 1, 2026 analysis also records opposing views on the bill.
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Businesses’ argument
Business proponents said section 638.51 had become a basis for costly lawsuits and demands over common website tools such as cookies, analytics, and advertising software, including against small businesses. Those descriptions of litigation and its scale are proponents’ claims, not independently established findings in the committee analysis. In a signing statement quoted by CyberScoop, Newsom said the measure addresses what he called the “vexatious use” of CIPA lawsuits and demand letters against small businesses that unwittingly install software that sometimes tracks and shares visitor information. The characterization is the governor’s; it is not a neutral legal finding. See CyberScoop’s October 6, 2026 report.
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Privacy advocates’ argument
Privacy advocates object that individuals lose the ability to bring a section 638.51 action for the covered online conduct, leaving enforcement to the Attorney General. They warn that metadata collection can reveal sensitive information and argue that removing private enforcement may weaken privacy remedies. That is a criticism of the change—not proof that every tracker gathers sensitive data or that all other remedies are unavailable. The Electronic Frontier Foundation’s Hayley Tsukayama told CalMatters, “I think the amendments narrowed it considerably, but I really just hate to take away anybody’s right to sue over privacy violations.” CalMatters’ September 2026 account of the legislative dispute is available at its SB 690 coverage.
What California businesses and site operators can do
The legal change does not answer whether a site’s particular data practices comply with privacy law. A useful operational step is to inventory what website and app tools collect, when they collect it, and where the data is sent. That information can help counsel assess the actual facts and claims; an inventory alone does not guarantee compliance or prevent litigation.
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Because sections 631 and 632 remain available as possible claim bases, and other legal theories may also apply, website-tracking litigation is not necessarily over. Those paths have different elements and depend on the conduct alleged. Courts may also have to resolve disputes about the retroactive provision’s application. Neither the statute nor the cited legal analyses establish the outcome of any particular pending case.
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