1798.100. - (a) A consumer shall have the right to request that a business that collects a consumer’s personal information disclose to1798.105. - (a) A consumer shall have the right to request that a business delete any personal information about the consumer which1798.110. - (a) A consumer shall have the right to request that a business that collects personal information about the consumer disclose1798.115. - (a) A consumer shall have the right to request that a business that sells the consumer’s personal information, or that1798.120. - (a) A consumer shall have the right, at any time, to direct a business that sells personal information about the1798.125. - (a) (1) A business shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights under1798.130. - (a) In order to comply with Sections 1798.100, 1798.105, 1798.110, 1798.115, and 1798.125, in a form that is reasonably accessible1798.135. - (a) A business that is required to comply with Section 1798.120 shall, in a form that is reasonably accessible to1798.140. - For purposes of this title:1798.145. - (a) The obligations imposed on businesses by this title shall not restrict a business’s ability to:1798.150. - (a) (1) Any consumer whose nonencrypted or nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision1798.155. - Any business or third party may seek the opinion of the Attorney General for guidance on how to comply with1798.160. - (a) A special fund to be known as the “Consumer Privacy Fund” is hereby created within the General Fund in1798.175. - This title is intended to further the constitutional right of privacy and to supplement existing laws relating to consumers’ personal1798.180. - This title is a matter of statewide concern and supersedes and preempts all rules, regulations, codes, ordinances, and other laws1798.185. - (a) On or before January 1, 2020, the Attorney General shall solicit broad public participation to adopt regulations to further1798.190. - If a series of steps or transactions were component parts of a single transaction intended from the beginning to be1798.192. - Any provision of a contract or agreement of any kind that purports to waive or limit in any way a1798.194. - This title shall be liberally construed to effectuate its purposes.1798.196. - This title is intended to supplement federal and state law, if permissible, but shall not apply if such application is1798.198. - (a) Subject to limitation provided in subdivision (b), this title shall be operative January 1, 2020.
1798.150.
(a) (1) Any consumer whose nonencrypted or nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to an unauthorized access and exfiltration, theft, or disclosure as a result of the business’ violation of the duty to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information may institute a civil action for any of the following:
(A) To recover damages in an amount not less than one hundred dollars ($100) and not greater than seven hundred and fifty ($750) per consumer per incident or actual damages, whichever is greater.
(B) Injunctive or declaratory relief.
(C) Any other relief the court deems proper.
(2) In assessing the amount of statutory damages, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth.
(b) Actions pursuant to this section may be brought by a consumer if all of the following requirements are met:
(1) Prior to initiating any action against a business for statutory damages on an individual or classwide basis, a consumer shall provide a business 30 days’ written notice identifying the specific provisions of this title the consumer alleges have been or are being violated. In the event a cure is possible, if within the 30 days the business actually cures the noticed violation and provides the consumer an express written statement that the violations have been cured and that no further violations shall occur, no action for individual statutory damages or classwide statutory damages may be initiated against the business. No notice shall be required prior to an individual consumer initiating an action solely for actual pecuniary damages suffered as a result of the alleged violations of this title. If a business continues to violate this title in breach of the express written statement provided to the consumer under this section, the consumer may initiate an action against the business to enforce the written statement and may pursue statutory damages for each breach of the express written statement, as well as any other violation of the title that postdates the written statement.
(2) A consumer bringing an action as defined in paragraph (1) of subdivision (c) shall notify the Attorney General within 30 days that the action has been filed.
(3) The Attorney General, upon receiving such notice shall, within 30 days, do one of the following:
(A) Notify the consumer bringing the action of the Attorney General’s intent to prosecute an action against the violation. If the Attorney General does not prosecute within six months, the consumer may proceed with the action.
(B) Refrain from acting within the 30 days, allowing the consumer bringing the action to proceed.
(C) Notify the consumer bringing the action that the consumer shall not proceed with the action.
(c) Nothing in this act shall be interpreted to serve as the basis for a private right of action under any other law. This shall not be construed to relieve any party from any duties or obligations imposed under other law or the United States or California Constitution.
