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.
(f) “Commercial purposes” means to advance a person’s commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction. “Commercial purposes” do not include for the purpose of engaging in speech that state or federal courts have recognized as noncommercial speech, including political speech and journalism.
(C) Characteristics of protected classifications under California or federal law.
(2) “Personal information” does not include publicly available information. For these purposes, “publicly available” means information that is lawfully made available from federal, state, or local government records, if any conditions associated with such information. “Publicly available” does not mean biometric information collected by a business about a consumer without the consumer’s knowledge. Information is not “publicly available” if that data is used for a purpose that is not compatible with the purpose for which the data is maintained and made available in the government records or for which it is publicly maintained. “Publicly available” does not include consumer information that is deidentified or aggregate consumer information.
(1) Comply with federal, state, or local laws.
(2) Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
(3) Cooperate with law enforcement agencies concerning conduct or activity that the business, service provider, or third party reasonably and in good faith believes may violate federal, state, or local law.
(c) This act shall not apply to protected or health information that is collected by a covered entity governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56 of Division 1)) or governed by the privacy, security, and breach notification rules issued by the federal Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Availability Act of 1996. For purposes of this subdivision, the definition of “medical information” in Section 56.05 shall apply and the definitions of “protected health information” and “covered entity” from the federal privacy rule shall apply.
(d) This title shall not apply to the sale of personal information to or from a consumer reporting agency if that information is to be reported in, or used to generate, a consumer report as defined by subdivision (d) of Section 1681a of Title 15 of the United States Code, and use of that information is limited by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq.).
(e) This title shall not apply to personal information collected, processed, sold, or disclosed pursuant to the federal GrammLeachBliley Act (Public Law 106102), and implementing regulations, if it is in conflict with that law.
(3) Establishing any exceptions necessary to comply with state or federal law, including, but not limited to, those relating to trade secrets and intellectual property rights, within one year of passage of this title and as needed thereafter.
This title is intended to supplement federal and state law, if permissible, but shall not apply if such application is preempted by, or in conflict with, federal law or the California Constitution.
