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.
(2) Disclose and deliver the required information to a consumer free of charge within 45 days of receiving a verifiable request from the consumer. The business shall promptly take steps to determine whether the request is a verifiable request, but this shall not extend the business’s duty to disclose and deliver the information within 45 days of receipt of the consumer’s request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary, provided the consumer is provided notice of the extension within the first 45day period. The disclosure shall cover the 12month period preceding the business’s receipt of the verifiable request and shall be made in writing and delivered through the consumer’s account with the business, if the consumer maintains an account with the business, or by mail or electronically at the consumer’s option if the consumer does not maintain an account with the business, in a readily useable format that allows the consumer to transmit this information from one entity to another entity without hindrance. The business shall not require the consumer to create an account with the business in order to make a verifiable request.
(1) A time period for a business to respond to any verified consumer request may be extended by up to 90 additional days where necessary, taking into account the complexity and number of the requests. The business shall inform the consumer of any such extension within 45 days of receipt of the request, together with the reasons for the delay.
(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:
(B) Refrain from acting within the 30 days, allowing the consumer bringing the action to proceed.
(a) A business shall be in violation of this title if it fails to cure any alleged violation within 30 days after being notified of alleged noncompliance. Any business, service provider, or other person that violates this title shall be liable for a civil penalty as provided in Section 17206 of the Business and Professions Code in a civil action brought in the name of the people of the State of California by the Attorney General. The civil penalties provided for in this section shall be exclusively assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General.
