reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 9 - Civil Remedies › Section 1798.48.

1798.48. In any suit brought under the provisions of subdivision (b) or (c) of Section 1798.45, the agency shall be liable to the individual in an amount equal to the sum of:
(a) Actual damages sustained by the individual, including damages for mental suffering.
(b) The costs of the action together with reasonable attorney’s fees as determined by the court.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 9 - Civil Remedies › Section 1798.49.

1798.49. An action to enforce any liability created under Sections 1798.45 to 1798.48, inclusive, may be brought in any court of competent jurisdiction in the county in which the complainant resides, or has his principal place of business, or in which the defendant’s records are situated, within two years from the date on which the cause of action arises, except that where a defendant has materially and willfully misrepresented any information required under this section to be disclosed to an individual who is the subject of the information and the information so misrepresented is material to the establishment of the defendant’s liability to that individual under this section, the action may be brought at any time within two years after discovery by the complainant of the misrepresentation. Nothing in Sections 1798.45 to 1798.48, inclusive, shall be construed to authorize any civil action by reason of any injury sustained as the result of any information practice covered by this chapter prior to July 1, 1978.
The rights and remedies set forth in this chapter shall be deemed to be nonexclusive and are in addition to all those rights and remedies which are otherwise available under any other provision of law.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 9 - Civil Remedies › Section 1798.50.

1798.50. A civil action shall not lie under this article based upon an allegation that an opinion which is subjective in nature, as distinguished from a factual assertion, about an individual’s qualifications, in connection with a personnel action concerning such an individual, was not accurate, relevant, timely, or complete.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 9 - Civil Remedies › Section 1798.51.

1798.51. Where a remedy other than those provided in Articles 8 and 9 is provided by law but is not available because of lapse of time an individual may obtain a correction to a record under this chapter but such correction shall not operate to revise or restore a right or remedy not provided by this chapter that has been barred because of lapse of time.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 9 - Civil Remedies › Section 1798.53.

1798.53. Any person, other than an employee of the state or of a local government agency acting solely in his or her official capacity, who intentionally discloses information, not otherwise public, which they know or should reasonably know was obtained from personal information maintained by a state agency or from “records” within a “system of records” (as these terms are defined in the Federal Privacy Act of 1974 (P. L. 93-579; 5 U.S.C. 552a)) maintained by a federal government agency, shall be subject to a civil action, for invasion of privacy, by the individual to whom the information pertains.
In any successful action brought under this section, the complainant, in addition to any special or general damages awarded, shall be awarded a minimum of two thousand five hundred dollars ($2,500) in exemplary damages as well as attorney’s fees and other litigation costs reasonably incurred in the suit.
The right, remedy, and cause of action set forth in this section shall be nonexclusive and is in addition to all other rights, remedies, and causes of action for invasion of privacy, inherent in Section 1 of Article I of the California Constitution.
(Amended by Stats. 1985, Ch. 595, Sec. 23.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 10 - Penalties › Section 1798.55.

1798.55. The intentional violation of any provision of this chapter or of any rules or regulations adopted thereunder, by an officer or employee of any agency shall constitute a cause for discipline, including termination of employment.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 10 - Penalties › Section 1798.56.

1798.56. Any person who willfully requests or obtains any record containing personal information from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than five thousand dollars ($5,000), or imprisoned not more than one year, or both.
(Amended by Stats. 1985, Ch. 595, Sec. 24.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 10 - Penalties › Section 1798.57.

1798.57. Except for disclosures which are otherwise required or permitted by law, the intentional disclosure of medical, psychiatric, or psychological information in violation of the disclosure provisions of this chapter is punishable as a misdemeanor if the wrongful disclosure results in economic loss or personal injury to the individual to whom the information pertains.
(Added by Stats. 1986, Ch. 94, Sec. 1. Effective May 13, 1986.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 11 - Miscellaneous Provisions › Section 1798.60.

1798.60. An individual’s name and address may not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 11 - Miscellaneous Provisions › Section 1798.61.

1798.61. (a) Nothing in this chapter shall prohibit the release of only names and addresses of persons possessing licenses to engage in professional occupations.
(b) Nothing in this chapter shall prohibit the release of only names and addresses of persons applying for licenses to engage in professional occupations for the sole purpose of providing those persons with informational materials relating to available professional educational materials or courses.
(Amended by Stats. 2000, Ch. 962, Sec. 1. Effective January 1, 2001.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 11 - Miscellaneous Provisions › Section 1798.62.

1798.62. Upon written request of any individual, any agency which maintains a mailing list shall remove the individual’s name and address from such list, except that such agency need not remove the individual’s name if such name is exclusively used by the agency to directly contact the individual.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 11 - Miscellaneous Provisions › Section 1798.63.

1798.63. The provisions of this chapter shall be liberally construed so as to protect the rights of privacy arising under this chapter or under the Federal or State Constitution.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 11 - Miscellaneous Provisions › Section 1798.64.

1798.64. (a) Each agency record which is accepted by the Director of General Services for storage, processing, and servicing in accordance with provisions of the State Administrative Manual for the purposes of this chapter shall be considered to be maintained by the agency which deposited the record and shall continue to be subject to the provisions of this chapter. The Director of General Services shall not disclose the record except to the agency which maintains the record, or pursuant to rules established by such agency which are not inconsistent with the provisions of this chapter.
(b) Each agency record pertaining to an identifiable individual which was or is transferred to the State Archives as a record which has sufficient historical or other value to warrant its continued preservation by the California state government, prior to or after July 1, 1978, shall, for the purposes of this chapter, be considered to be maintained by the archives.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 11 - Miscellaneous Provisions › Section 1798.66.

1798.66. The time limits specified in Article 8 (commencing with Section 1798. 30) may be extended to 60 days by the Franchise Tax Board if the following conditions exist:
(a) The request is made during the period January 1 through June 30; and
(b) The records requested are stored on magnetic tape.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 11 - Miscellaneous Provisions › Section 1798.67.

1798.67. Where an agency has recorded a document creating a lien or encumbrance on real property in favor of the state, nothing herein shall prohibit any such agency from disclosing information relating to the identity of the person against whom such lien or encumbrance has been recorded for the purpose of distinguishing such person from another person bearing the same or a similar name.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 11 - Miscellaneous Provisions › Section 1798.68.

1798.68. (a) Information which is permitted to be disclosed under the provisions of subdivision (e), (f), or (o), of Section 1798.24 shall be provided when requested by a district attorney.
A district attorney may petition a court of competent jurisdiction to require disclosure of information when an agency fails or refuses to provide the requested information within 10 working days of a request. The court may require the agency to permit inspection unless the public interest or good cause in withholding such records clearly outweighs the public interest in disclosure.
(b) Disclosure of information to a district attorney under the provisions of this chapter shall effect no change in the status of the records under any other provision of law.
(Added by Stats. 1979, Ch. 601.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 11 - Miscellaneous Provisions › Section 1798.69.

1798.69. (a) Except as provided in subdivision (b), the State Board of Equalization may not release the names and addresses of individuals who are registered with, or are holding licenses or permits issued by, the State Board of Equalization except to the extent necessary to verify resale certificates or to administer the tax and fee provisions of the Revenue and Taxation Code.
(b) Nothing in this section shall prohibit the release by the State Board of Equalization to, or limit the use by, any federal or state agency, or local government, of any data collected by the board that is otherwise authorized by law.
(Added by Stats. 2000, Ch. 962, Sec. 2. Effective January 1, 2001.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 12 - Construction With Other Laws › Section 1798.70.

1798.70. This chapter shall be construed to supersede any other provision of state law, including Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code, or any exemption in Section 7922.000 of the Government Code or in any provision listed in Section 7920.505 of the Government Code, which authorizes any agency to withhold from an individual any record containing personal information that is otherwise accessible under the provisions of this chapter.
(Amended by Stats. 2021, Ch. 615, Sec. 46. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 12 - Construction With Other Laws › Section 1798.71.

1798.71. This chapter shall not be deemed to abridge or limit the rights of litigants, including parties to administrative proceedings, under the laws, or case law, of discovery of this state.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 12 - Construction With Other Laws › Section 1798.72.

1798.72. Nothing in this chapter shall be construed to authorize the disclosure of any record containing personal information, other than to the subject of such records, in violation of any other law.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 12 - Construction With Other Laws › Section 1798.73.

1798.73. Nothing in this chapter shall be construed to deny or limit any right of privacy arising under Section 1 of Article I of the California Constitution.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 12 - Construction With Other Laws › Section 1798.74.

1798.74. The provisions of Chapter 13 (commencing with Section 67110) of Part 40 of the Education Code shall, with regard to student records, prevail over the provisions of this chapter.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 12 - Construction With Other Laws › Section 1798.75.

1798.75. This chapter shall not be deemed to supersede Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, except as to the provisions of Sections 1798.60, 1798.69, and 1798.70.
(Amended by Stats. 2021, Ch. 615, Sec. 47. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 12 - Construction With Other Laws › Section 1798.76.

1798.76. Nothing in this chapter shall be construed to revoke, modify, or alter in any manner any statutory provision or any judicial decision which (a) authorizes an individual to gain access to any law enforcement record, or (b) authorizes discovery in criminal or civil litigation.
(Added by Stats. 1977, Ch. 709.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 12 - Construction With Other Laws › Section 1798.77.

1798.77. Each agency shall ensure that no record containing personal information shall be modified, transferred, or destroyed to avoid compliance with any of the provisions of this chapter. In the event that an agency fails to comply with the provisions of this section, an individual may bring a civil action and seek the appropriate remedies and damages in accordance with the provisions of Article 9 (commencing with Section 1798.45).
An agency shall not remove or destroy personal information about an individual who has requested access to the information before allowing the individual access to the record containing the information.
(Added by Stats. 1985, Ch. 595, Sec. 26.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.8 - PERSONAL DATA › CHAPTER 1 - Information Practices Act of 977 › ARTICLE 12 - Construction With Other Laws › Section 1798.78.

1798.78. This chapter shall not be deemed to supersede the provisions of Chapter 1299 of the Statutes of 1976.
(Added by Stats. 1985, Ch. 595, Sec. 27.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.80 - Identification Documents › Section 1798.795.

1798.795. For purposes of this title, the following definitions shall apply:
(a) “Contactless identification document system” means a group of identification documents issued and operated under a single authority that use RFID to transmit data remotely to readers intended to read that data. In a contactless identification document system, every reader must be able to read every identification document in the system.
(b) “Data” means any information stored or transmitted on an identification document in machine-readable form.
(c) “Identification document” means any document containing data that is issued to an individual and which that individual, and only that individual, uses alone or in conjunction with any other information for the primary purpose of establishing his or her identity. Identification documents specifically include, but are not limited to, the following:
(1) Driver’s licenses or identification cards issued pursuant to Section 13000 of the Vehicle Code.
(2) Identification cards for employees or contractors.
(3) Identification cards issued by educational institutions.
(4) Health insurance or benefit cards.
(5) Benefit cards issued in conjunction with any government-supported aid program.
(6) Licenses, certificates, registration, or other means to engage in a business or profession regulated by the Business and Professions Code.
(7) Library cards issued by any public library.
(d) “Key” means a string of bits of information used as part of a cryptographic algorithm used in encryption.
(e) “Radio frequency identification” or “RFID” means the use of electromagnetic radiating waves or reactive field coupling in the radio frequency portion of the spectrum to communicate to or from an identification document through a variety of modulation and encoding schemes.
(f) “Reader” means a scanning device that is capable of using RFID to communicate with an identification document and read the data transmitted by that identification document.
(g) “Remotely” means that no physical contact between the identification document and a reader is necessary in order to transmit data using RFID.
(Added by Stats. 2008, Ch. 746, Sec. 2. Effective January 1, 2009.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.807 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING: PERSONAL INFORMATION › Section 1798.79.8.

1798.79.8. For purposes of this title:
(a) “Person or entity” means any individual, corporation, partnership, joint venture, or any business entity, or any state or local agency.
(b) “Personally identifying information” means:
(1) First and last name or last name only.
(2) Home or other physical address, including, but not limited to, a street name or ZIP Code, other than an address obtained pursuant to the California Safe At Home program or a business mailing address for the victim service provider.
(3) Electronic mail address or other online contact information, such as an instant messaging user identifier or a screen name that reveals an individual’s electronic mail address.
(4) Telephone number, other than a business telephone number for the victim service provider.
(5) Social security number.
(6) Date of birth, with the exception of the year of birth.
(7) Internet protocol address or host name that identifies an individual.
(8) Any other information, including, but not limited to, the first and last names of children and relatives, racial or ethnic background, or religious affiliation, that, in combination with any other nonpersonally identifying information, would serve to identify any individual.
(c) “Victim service provider” means a nongovernmental organization or entity that provides shelter, programs, or services at low cost, no cost, or on a sliding scale to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, either directly or through other contractual arrangements, including rape crisis centers, domestic violence shelters, domestic violence transitional housing programs, and other programs with the primary mission to provide services to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, whether or not that program exists in an agency that provides additional services.
(Added by Stats. 2006, Ch. 54, Sec. 1. Effective January 1, 2007.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.807 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING: PERSONAL INFORMATION › Section 1798.79.9.

1798.79.9. (a) In the course of awarding grants, including, but not limited to, requests for proposals, contracts, or billing procedures, implementing programs, or providing financial support or assistance for the purpose of providing shelter, programs, or services at low cost, no cost, or on a sliding scale to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, to any victim service provider, it is unlawful for any person or entity to request or require that victim service provider to provide personally identifying information regarding any of the persons to whom it is providing services, it has provided services, or it has considered or is considering providing services.
(b) In the course of awarding grants, including, but not limited to, requests for proposals, contracts, or billing procedures, implementing programs, or providing financial support or assistance for the purpose of providing shelter, programs, or services at low cost, no cost, or on a sliding scale to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, to any victim service provider, it is unlawful for any person or entity to request or require that victim service provider to use any computer software, computer program, computer protocol, or other computer system that requires the disclosure of personally identifying information regarding any of the persons to whom it is providing services, it has provided services, or it has considered or is considering providing services.
(c) Nothing in this section is intended to prevent the collection of information for statistical purposes that are necessary for the proper administration of the grant, program, or financial assistance, provided that collection does not require the disclosure of information that would serve to identify any specific individual.
(Added by Stats. 2006, Ch. 54, Sec. 1. Effective January 1, 2007.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.807 - DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING: PERSONAL INFORMATION › Section 1798.79.95.

1798.79.95. Injunctive relief shall be available to any victim service provider aggrieved by a violation of this title. The prevailing plaintiff in any action commenced under this section shall be entitled to recover court costs and reasonable attorney’s fees if the victim service provider has provided notice of this section and the asserted violation of this section to the defendant and the defendant has failed to cease the violation within five business days of receiving that notice.
(Added by Stats. 2006, Ch. 54, Sec. 1. Effective January 1, 2007.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81 - CUSTOMER RECORDS › Section 1798.80.

1798.80. The following definitions apply to this title:
(a) “Business” means a sole proprietorship, partnership, corporation, association, or other group, however organized and whether or not organized to operate at a profit, including a financial institution organized, chartered, or holding a license or authorization certificate under the law of this state, any other state, the United States, or of any other country, or the parent or the subsidiary of a financial institution. The term includes an entity that disposes of records.
(b) “Records” means any material, regardless of the physical form, on which information is recorded or preserved by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted. “Records” does not include publicly available directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such as name, address, or telephone number.
(c) “Customer” means an individual who provides personal information to a business for the purpose of purchasing or leasing a product or obtaining a service from the business.
(d) “Individual” means a natural person.
(e) “Personal information” means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
(Amended by Stats. 2009, Ch. 134, Sec. 1. (AB 1094) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81 - CUSTOMER RECORDS › Section 1798.81.

1798.81. A business shall take all reasonable steps to dispose, or arrange for the disposal, of customer records within its custody or control containing personal information when the records are no longer to be retained by the business by (a) shredding, (b) erasing, or (c) otherwise modifying the personal information in those records to make it unreadable or undecipherable through any means.
(Amended by Stats. 2009, Ch. 134, Sec. 2. (AB 1094) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81 - CUSTOMER RECORDS › Section 1798.83.5.

1798.83.5. (a) The purpose of this section is to ensure that information obtained on an Internet Web site regarding an individual’s age will not be used in furtherance of employment or age discrimination.
(b) A commercial online entertainment employment service provider that enters into a contractual agreement to provide employment services to an individual for a subscription payment shall not, upon request by the subscriber, do either of the following:
(1) Publish or make public the subscriber’s date of birth or age information in an online profile of the subscriber.
(2) Share the subscriber’s date of birth or age information with any Internet Web sites for the purpose of publication.
(c) A commercial online entertainment employment service provider subject to subdivision (b) shall, within five days, remove from public view in an online profile of the subscriber the subscriber’s date of birth and age information on any companion Internet Web sites under its control upon specific request by the subscriber naming the Internet Web sites. A commercial online entertainment employment service provider that permits members of the public to upload or modify Internet content on its own Internet Web site or any Internet Web site under its control without prior review by that provider shall not be deemed in violation of this section unless first requested by the subscriber to remove age information.
(d) For purposes of this section, the following definitions apply:
(1) “Commercial online entertainment employment service provider” means a person or business that owns, licenses, or otherwise possesses computerized information, including, but not limited to, age and date of birth information, about individuals employed in the entertainment industry, including television, films, and video games, and that makes the information available to the public or potential employers.
(2) “Payment” means a fee in exchange for advertisements, or any other form of compensation or benefit.
(3) “Provide employment services” means post resumes, photographs, or other information about a subscriber when one of the purposes is to provide individually identifiable information about the subscriber to a prospective employer.
(4) “Subscriber” means a natural person who enters into a contractual agreement with a commercial online entertainment employment service provider to receive employment services in return for a subscription payment.
(Added by Stats. 2016, Ch. 555, Sec. 1. (AB 1687) Effective January 1, 2017.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81 - CUSTOMER RECORDS › Section 1798.84.

1798.84. (a) Any waiver of a provision of this title is contrary to public policy and is void and unenforceable.
(b) Any customer injured by a violation of this title may institute a civil action to recover damages.
(c) In addition, for a willful, intentional, or reckless violation of Section 1798.83, a customer may recover a civil penalty not to exceed three thousand dollars ($3,000) per violation; otherwise, the customer may recover a civil penalty of up to five hundred dollars ($500) per violation for a violation of Section 1798.83.
(d) Unless the violation is willful, intentional, or reckless, a business that is alleged to have not provided all the information required by subdivision (a) of Section 1798.83, to have provided inaccurate information, failed to provide any of the information required by subdivision (a) of Section 1798.83, or failed to provide information in the time period required by subdivision (b) of Section 1798.83, may assert as a complete defense in any action in law or equity that it thereafter provided regarding the information that was alleged to be untimely, all the information, or accurate information, to all customers who were provided incomplete or inaccurate information, respectively, within 90 days of the date the business knew that it had failed to provide the information, timely information, all the information, or the accurate information, respectively.
(e) Any business that violates, proposes to violate, or has violated this title may be enjoined.
(f) (1) A cause of action shall not lie against a business for disposing of abandoned records containing personal information by shredding, erasing, or otherwise modifying the personal information in the records to make it unreadable or undecipherable through any means.
(2) The Legislature finds and declares that when records containing personal information are abandoned by a business, they often end up in the possession of a storage company or commercial landlord. It is the intent of the Legislature in paragraph (1) to create a safe harbor for such a record custodian who properly disposes of the records in accordance with paragraph (1).
(g) A prevailing plaintiff in any action commenced under Section 1798.83 shall also be entitled to recover his or her reasonable attorney’s fees and costs.
(h) The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law.
(Amended by Stats. 2009, Ch. 134, Sec. 3. (AB 1094) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81.1 - CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS › Section 1798.86.

1798.86. Any waiver of the provisions of this title is contrary to public policy, and is void and unenforceable.
(Added by Stats. 2002, Ch. 815, Sec. 16. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81.1 - CONFIDENTIALITY OF SOCIAL SECURITY NUMBERS › Section 1798.89.

1798.89. (a) Unless otherwise required to do so by state or federal law, no person, entity, or governmental agency shall present for recording or filing with a county recorder a document that is required by any provision of law to be open to the public if that record displays more than the last four digits of a social security number. Unless otherwise authorized by state or federal law, a document containing more than the last four digits of a social security number is not entitled for recording.
(b) A recorder shall be deemed to be in compliance with the requirements of this section if he or she uses due diligence to truncate social security numbers in documents recorded, as provided in Article 3.5 (commencing with Section 27300) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code.
(c) This section shall not apply to documents created prior to January 1, 2010.
(Repealed and added by Stats. 2009, Ch. 552, Sec. 2. (SB 40) Effective January 1, 2010.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81.15 - Reader Privacy Act › Section 1798.90.05.

1798.90.05. Section 1798.90 does not make it unlawful for a law enforcement entity subject to Section 2000aa of Title 42 of the United States Code to obtain a search warrant for the personal information of a user pursuant to otherwise applicable law in connection with the investigation or prosecution of a criminal offense when probable cause exists to believe that the person possessing the personal information has committed, or is committing, a criminal offense involving the production, possession, receipt, mailing, sale, distribution, shipment, or transportation of child pornography, the sexual exploitation of children, or the sale or purchase of children prohibited by Sections 2251, 2251A, 2252, and 2252A of Title 18 of the United States Code. Nothing in Section 1798.90 shall prevent a provider from complying with a proper search warrant issued by a duly authorized court in connection with the investigation or prosecution of any of those offenses.
(Added by Stats. 2011, Ch. 424, Sec. 1. (SB 602) Effective January 1, 2012.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81.23 - COLLECTION OF LICENSE PLATE INFORMATION › Section 1798.90.5.

1798.90.5. The following definitions shall apply for purposes of this title:
(a) “Automated license plate recognition end-user” or “ALPR end-user” means a person that accesses or uses an ALPR system, but does not include any of the following:
(1) A transportation agency when subject to Section 31490 of the Streets and Highways Code.
(2) A person that is subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state or federal statutes or regulations implementing those sections, if the person is subject to compliance oversight by a state or federal regulatory agency with respect to those sections.
(3) A person, other than a law enforcement agency, to whom information may be disclosed as a permissible use pursuant to Section 2721 of Title 18 of the United States Code.
(b) “Automated license plate recognition information,” or “ALPR information” means information or data collected through the use of an ALPR system.
(c) “Automated license plate recognition operator” or “ALPR operator” means a person that operates an ALPR system, but does not include a transportation agency when subject to Section 31490 of the Streets and Highways Code.
(d) “Automated license plate recognition system” or “ALPR system” means a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer-readable data.
(e) “Person” means any natural person, public agency, partnership, firm, association, corporation, limited liability company, or other legal entity.
(f) “Public agency” means the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81.23 - COLLECTION OF LICENSE PLATE INFORMATION › Section 1798.90.51.

1798.90.51. An ALPR operator shall do all of the following:
(a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure.
(b) (1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site.
(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for using the ALPR system and collecting ALPR information.
(B) A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors.
(C) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this section.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81.23 - COLLECTION OF LICENSE PLATE INFORMATION › Section 1798.90.52.

1798.90.52. If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both of the following:
(a) Maintain a record of that access. At a minimum, the record shall include all of the following:
(1) The date and time the information is accessed.
(2) The license plate number or other data elements used to query the ALPR system.
(3) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated.
(4) The purpose for accessing the information.
(b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy policy required by subdivision (b) of Section 1798.90.51.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81.23 - COLLECTION OF LICENSE PLATE INFORMATION › Section 1798.90.53.

1798.90.53. An ALPR end-user shall do all of the following:
(a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure.
(b) (1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR end-user has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site.
(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for accessing and using ALPR information.
(B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors.
(C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons.
(E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR end-user will utilize to determine if and when to destroy retained ALPR information.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81.23 - COLLECTION OF LICENSE PLATE INFORMATION › Section 1798.90.54.

1798.90.54. (a) In addition to any other sanctions, penalties, or remedies provided by law, an individual who has been harmed by a violation of this title, including, but not limited to, unauthorized access or use of ALPR information or a breach of security of an ALPR system, may bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm.
(b) The court may award a combination of any one or more of the following:
(1) Actual damages, but not less than liquidated damages in the amount of two thousand five hundred dollars ($2,500).
(2) Punitive damages upon proof of willful or reckless disregard of the law.
(3) Reasonable attorney’s fees and other litigation costs reasonably incurred.
(4) Other preliminary and equitable relief as the court determines to be appropriate.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81.23 - COLLECTION OF LICENSE PLATE INFORMATION › Section 1798.90.55.

1798.90.55. Notwithstanding any other law or regulation:
(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program.
(b) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information.
(Added by Stats. 2015, Ch. 532, Sec. 3. (SB 34) Effective January 1, 2016.)
2023 California Code › Civil Code - CIV › DIVISION 3 - OBLIGATIONS › PART 4 - OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS › TITLE 1.81.26 - Security of Connected Devices › Section 1798.91.04.

1798.91.04. (a) A manufacturer of a connected device shall equip the device with a reasonable security feature or features that are all of the following:
(1) Appropriate to the nature and function of the device.
(2) Appropriate to the information it may collect, contain, or transmit.
(3) Designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification, or disclosure.
(b) Subject to all of the requirements of subdivision (a), if a connected device is equipped with a means for authentication outside a local area network, it shall be deemed a reasonable security feature under subdivision (a) if either of the following requirements are met:
(1) The preprogrammed password is unique to each device manufactured.
(2) The device contains a security feature that requires a user to generate a new means of authentication before access is granted to the device for the first time.
(c) A manufacturer of a connected device may elect to satisfy the requirements of subdivision (a) by ensuring the connected device does all of the following:
(1) Meets or exceeds the baseline product criteria of a NIST conforming labeling scheme.
(2) Satisfies a conformity assessment as described by a NIST conforming labeling scheme that includes a third-party test, inspection, or certification.
(3) Bears the binary label as described by a NIST conforming labeling scheme.
(Amended (as added by Stats. 2018, Ch. 860, Sec. 1) by Stats. 2022, Ch. 785, Sec. 2. (AB 2392) Effective January 1, 2023. See similar section in the Title 1.81.26 added by Stats. 2018, Ch. 886.)