California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1.6A — Investigative Consumer Reporting Agencies, Article 2 — Obligations of Investigative Consumer Reporting Agencies, Section 1786.12

An investigative consumer reporting agency shall only furnish an investigative consumer report under the following circumstances:

(a) In response to the order of a court having jurisdiction to issue the order.

(b) In compliance with a lawful subpoena issued by a court of competent jurisdiction.

(c) In accordance with the written instructions of the consumer to whom it relates.

(d) To a person that it has reason to believe:

(1) Intends to use the information for employment purposes; or

(2) Intends to use the information serving as a factor in determining a consumer’s eligibility for insurance or the rate for any insurance; or

(3) Intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider the applicant’s financial responsibility or status; or

(4) Intends to use the information in connection with an order of a court of competent jurisdiction to provide support where the imposition or enforcement of the order involves the consumer; or

(5) Intends to use the information in connection with the hiring of a dwelling unit, as defined in subdivision (c) of Section 1940.

(e) An investigative consumer reporting agency shall not prepare or furnish an investigative consumer report to a person described in subdivision (d) unless the agency has received the certification under paragraph (4) of subdivision (a) of Section 1786.16 from the person requesting the report.

(f) An investigative consumer reporting agency shall not furnish an investigative consumer report to a person described in subdivision (d) if that report contains medical information about a consumer, unless the consumer consents to the furnishing of the report.

Notes

Limits investigative consumer reporting agencies to furnishing reports in response to court orders, lawful subpoenas, consumer instructions, or specified employment, insurance, licensing, support, or housing purposes. Requires the requester’s statutory certification before reports are furnished for those purposes and prohibits furnishing medical information to those requesters without the consumer’s consent.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 1786.12 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-1-6a/article-2/section-1786-12

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