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.
(A) A consumer uses or directs the business to intentionally disclose personal information or uses the business to intentionally interact with a third party, provided the third party does not also sell the personal information, unless that disclosure would be consistent with the provisions of this title. An intentional interaction occurs when the consumer intends to interact with the third party, via one or more deliberate interactions. Hovering over, muting, pausing, or closing a given piece of content does not constitute a consumer’s intent to interact with a third party.
(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.
Any business or third party may seek the opinion of the Attorney General for guidance on how to comply with the provisions of this title.
This title is intended to further the constitutional right of privacy and to supplement existing laws relating to consumers’ personal information, including, but not limited to, Chapter 22 (commencing with Section 22575) of Division 8 of the Business and Professions Code and Title 1.81 (commencing with Section 1798.80). The provisions of this title are not limited to information collected electronically or over the Internet, but apply to the collection and sale of all personal information collected by a business from consumers. Wherever possible, law relating to consumers’ personal information should be construed to harmonize with the provisions of this title, but in the event of a conflict between other laws and the provisions of this title, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control.
(a) The provisions of this bill are severable. If any provision of this bill or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
