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) In 1972, California voters amended the California Constitution to include the right of privacy among the “inalienable” rights of all people. The amendment established a legal and enforceable right of privacy for every Californian. Fundamental to this right of privacy is the ability of individuals to control the use, including the sale, of their personal information.
(b) Since California voters approved the right of privacy, the California Legislature has adopted specific mechanisms to safeguard Californians’ privacy, including the Online Privacy Protection Act, the Privacy Rights for California Minors in the Digital World Act, and Shine the Light, a California law intended to give Californians the ‘who, what, where, and when’ of how businesses handle consumers’ personal information.
(i) Therefore, it is the intent of the Legislature to further Californians’ right to privacy by giving consumers an effective way to control their personal information, by ensuring the following rights:
(5) The right of Californians to equal service and price, even if they exercise their privacy rights.
(b) A business that collects personal information about consumers shall disclose, pursuant to subparagraph (A) of paragraph (5) of subdivision (a) of Section 1798.130, the consumer’s rights to request the deletion of the consumer’s personal information.
(a) (1) A business shall not discriminate against a consumer because the consumer exercised any of the consumer’s rights under this title, including, but not limited to, by:
(C) Providing a different level or quality of goods or services to the consumer, if the consumer exercises the consumer’s rights under this title.
(5) Disclose the following information in its online privacy policy or policies if the business has an online privacy policy or policies and in any California specific description of consumers’ privacy rights, or if the business does not maintain those policies, on its Internet Web site, and update that information at least once every 12 months:
(A) A description of a consumer’s rights pursuant to Sections 1798.110, 1798.115, and 1798.125 and one or more designated methods for submitting requests.
(6) Ensure that all individuals responsible for handling consumer inquiries about the business’s privacy practices or the business’s compliance with this title are informed of all requirements in Sections 1798.110, 1798.115, 1798.125, and this section, and how to direct consumers to exercise their rights under those sections.
(2) Include a description of a consumer’s rights pursuant to Section 1798.120, along with a separate link to the “Do Not Sell My Personal Information” Internet Web page in:
(B) Any California specific description of consumers’ privacy rights.
(3) Ensure that all individuals responsible for handling consumer inquiries about the business’s privacy practices or the business’s compliance with this title are informed of all requirements in Section 1798.120 and this section and how to direct consumers to exercise their rights under those sections.
(J) Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
(g) Notwithstanding a business’ obligations to respond to and honor consumer rights requests pursuant to this title:
(2) If the business does not take action on the request of the consumer, the business shall inform the consumer, without delay and at the latest within the time period permitted of response by this section, of the reasons for not taking action and any rights the consumer may have to appeal the decision to the business.
(j) The rights afforded to consumers and the obligations imposed on the business in this title shall not adversely affect the rights and freedoms of other consumers.
(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.
Any provision of a contract or agreement of any kind that purports to waive or limit in any way a consumer’s rights under this title, including, but not limited to, any right to a remedy or means of enforcement, shall be deemed contrary to public policy and shall be void and unenforceable. This section shall not prevent a consumer from declining to request information from a business, declining to opt out of a business’ sale of the consumer’s personal information, or authorizing a business to sell the consumer’s personal information after previously opting out.
