California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1.8 — Personal Data, Chapter 1 — Information Practices Act of 1977, Article 9 — Civil Remedies, Section 1798.45

An individual may bring a civil action against an agency whenever such agency does any of the following:

(a) Refuses to comply with an individual’s lawful request to inspect pursuant to subdivision (a) of Section 1798.34.

(b) Fails to maintain any record concerning any individual with such accuracy, relevancy, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, opportunities of, or benefits to the individual that may be made on the basis of such record, if, as a proximate result of such failure, a determination is made which is adverse to the individual.

(c) Fails to comply with any other provision of this chapter, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual.

Notes

Allows an individual to sue an agency that refuses a lawful inspection request, maintains an inaccurate, irrelevant, untimely, or incomplete record that proximately causes an adverse determination, or otherwise violates the chapter or its rules in a way that adversely affects the individual. Establishes those agency failures as grounds for a civil action.

Use as reference

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.