California Codes, Civil Code, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 1.81.5 — California Consumer Privacy Act of 2018

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Sections

Sections

46 entries
Section 1798.100Requires businesses controlling collection of personal information to give consumers notice at or before collection of the categories, purposes, sale or sharing,…Section 1798.105Requires a business receiving a verifiable deletion request to delete the consumer’s personal information and direct service providers, contractors, and relevant third…Section 1798.106Requires a business maintaining inaccurate personal information to let a consumer request correction, and requires businesses collecting personal information to disclose that…Section 1798.110Allows consumers to request the categories and specific pieces of personal information a business collected, its sources, collection, sale, or sharing purposes,…Section 1798.115Allows a consumer to request categories of personal information a business collected, sold, shared, or disclosed for a business purpose and the…Section 1798.120Allows consumers at any time to direct a business not to sell or share their personal information and bars further sale or…Section 1798.121Allows a consumer at any time to direct a business to limit use and disclosure of sensitive personal information to necessary and…Section 1798.125Prohibits a business from discriminating or retaliating because a consumer exercises title rights, while allowing data-value-related differences and compliant loyalty or incentive…Section 1798.130Requires businesses handling verifiable consumer privacy requests to disclose information, correct inaccuracies, or delete personal information within 45 days, with one additional…Section 1798.135Requires covered businesses to provide accessible methods for opting out of personal-information sale or sharing and limiting sensitive-information use, while allowing compliance…Section 1798.136Prohibits a business from developing or maintaining a browser unless consumers can configure it to send an opt-out preference signal, and requires…Section 1798.140Defines terms for the consumer-privacy title, including a business that, among other qualifying tests, had over $25,000,000 in annual gross revenue in…Section 1798.145Exempts specified activities and information from consumer-privacy duties, including legal compliance, investigations, legal claims, deidentified data, and wholly out-of-state conduct. Emergency access…Section 1798.146Exempts specified health and research information and regulated entities from the consumer-privacy title, including covered medical or protected health information, qualifying providers…Section 1798.148Prohibits a business or other person from reidentifying or attempting to reidentify qualifying deidentified information, except for specified health-care, public-health, research, contracted…Section 1798.150Allows consumers whose specified personal information is exposed through a business’s failure to maintain reasonable security to seek $100–$750 per consumer per…Section 1798.155Requires a business, service provider, contractor, or other person violating the title to face an administrative fine up to $2,500 per violation,…Section 1798.160Establishes the Consumer Privacy Fund and enforcement and grant subfunds, available upon appropriation, directing 95 percent of agency administrative fines and Attorney…Section 1798.175Establishes that the title furthers the constitutional right of privacy, supplements existing personal-information laws, and applies to all personal information a business…Section 1798.180Establishes the title as a matter of statewide concern and preempts local rules, regulations, codes, ordinances, and other laws concerning a business’s…Section 1798.185Requires the Attorney General, by July 1, 2020, to adopt privacy regulations covering requests, opt-outs, corrections, notices, and definitions, with specified exceptions…Section 1798.190Requires a court or agency to disregard intermediate steps or transactions that were components of a transaction intended from the outset to…Section 1798.192Bars any contract or agreement, including a representative-action waiver, from waiving or limiting rights, remedies, or enforcement means under the title, declaring…Section 1798.194Requires the title to be liberally construed to effectuate its purposes. Establishes liberal construction as the governing interpretive approach for the title…Section 1798.196Limits this title to applications that are permissible alongside federal and state law. Bars the title from applying when that application is…Section 1798.198Sets January 1, 2020, as the title’s operative date, subject to the stated limitations and the referenced provision. Limits operation of the…Section 1798.199Sets the referenced privacy provision to become operative on the effective date of the act that added this provision, notwithstanding the otherwise…Section 1798.199.10Establishes the California Privacy Protection Agency with full administrative power to implement and enforce the California Consumer Privacy Act of 2018. Establishes…Section 1798.199.15Requires agency board members to have qualifications, protect confidential information except when disclosure is required by the Public Records Act, remain independent,…Section 1798.199.20Limits members of the agency board, including its chairperson, to no more than eight consecutive years of service. Allows each member to…Section 1798.199.25Requires agency board members to receive $100 for each day they engage in official duties, with that amount adjusted under the referenced…Section 1798.199.30Requires the agency board to appoint an executive director who follows agency policies, regulations, and applicable law, and requires the agency to…Section 1798.199.35Allows the agency board to delegate between-meeting authority to the chairperson or executive director to act in the agency’s name. Prohibits that…Section 1798.199.40Requires the privacy agency to administer and enforce the title, adopt regulations on and after the later of July 1, 2021 or…Section 1798.199.45Allows the California Privacy Protection Agency to investigate possible title violations on a sworn complaint or its own initiative, decline investigation, or…Section 1798.199.50Prohibits the agency from finding probable cause unless, at least 30 days before consideration, the alleged violator receives notice, an evidence summary,…Section 1798.199.55Requires the privacy agency to hold a hearing when it finds probable cause to believe the title was violated. After finding a…Section 1798.199.60Requires the agency, whenever it rejects an administrative law judge’s decision made under the referenced Government Code procedure, to state its reasons…Section 1798.199.65Allows the agency to subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the…Section 1798.199.70Bars an administrative action alleging a title violation from beginning more than five years after the violation, with service of the probable-cause…Section 1798.199.75Allows the agency, after exhaustion of judicial review, to sue in superior court to collect unpaid administrative fines, using the case type…Section 1798.199.80Allows the agency, after judicial review time expires or all review is exhausted, to obtain a court judgment collecting administrative fines by…Section 1798.199.85Allows an interested party to a complaint or administrative fine to obtain judicial review of the agency’s decision concerning that complaint or…Section 1798.199.90Establishes injunctions and civil penalties up to $2,500 per violation and $7,500 per intentional violation or violation involving a minor’s personal information,…Section 1798.199.95Sets General Fund support of $5,000,000 for fiscal year 2020–21 and $10,000,000, cost-of-living adjusted, each later fiscal year. Requires privacy-agency monetary thresholds…Section 1798.199.100Requires the agency and any court, when setting an administrative fine or civil penalty for a title violation, to consider the good-faith…

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