Privacy Laws

This page contains links to some of the major privacy protection laws at the State and federal level. The site will be updated periodically to add other privacy-related laws and to reflect changes in the laws.

Fair Information Practice Principles These widely accepted Fair Information Practice Principles are the basis for many privacy laws in the United States, Canada, Europe and other parts of the world.
"Safe Harbor" Privacy Framework Unlike the U.S. approach to privacy protection, which relies on industry-specific legislation, regulation and self-regulation, the European Union relies on comprehensive privacy legislation. The European Directive on Data Protection that went into effect in October 1998, includes, for example, the requirement to create government data protection agencies, registration of databases with those agencies, and in some instances prior approval before personal data processing may begin. In order to bridge these different privacy approaches and provide a streamlined means for U.S. organizations to comply with the Directive, the U.S. Department of Commerce in consultation with the European Commission developed a "safe harbor" framework. The safe harbor - approved by the EU in July of 2000 - is a way for U.S. companies to comply with European privacy laws.

Federal Laws

Constitutional Right of Privacy

California Constitution, Article 1, section 1. The state Constitution gives each citizen an "inalienable right" to pursue and obtain "privacy."

Office of Privacy Protection

Office of Privacy Protection - California Government Code section 11549.5. Created by a state law enacted in 2000, the Office of Privacy Protection was transferred by a 2007 law from the Department of Consumer Affairs to the Office of Information Security and Privacy Protection in the State and Consumer Services Agency. The Office of Privacy Protection’s mission is to protect the privacy of individuals’ personal information in a manner consistent with the California Constitution by identifying consumer problems in the privacy area and facilitating the development of fair information practices.

General Privacy

Automobile "Black Boxes" - Vehicle Code section 9951. This law requires automobile manufacturers that install "event data recorders" in vehicles to disclose that fact in the owner's manual. It also limits the retrieval and use of data from such a device to the vehicle owner or others permitted by the owner, in response to a court order, for the purpose of improving vehicle safety, or for servicing or repairing the vehicle. Data retrieved for improving vehicle safety may not be released for any other purpose and must not reveal the owner's identity if shared with other vehicle safety organizations. Subscription services that install such devices must disclose the device's function in the subscription service agreement. Effective for vehicles manufactured after 7/1/04.
Bank Account Numbers, Reuse - Financial Code section 4100. This law prohibits a depository institution, as defined, from using an account number previously held by a different customer until three years after the account was closed. Takes effect July 1, 2006.
Consumer Credit Reporting Agencies Act - Civil Code section 1785.1-1785.36. This law, the state counterpart of the federal Fair Credit Reporting Act, regulates consumer credit reporting agencies. It requires them, among other things, 1) to provide free copies of credit reports to consumers who have been denied credit or who are identity theft victims, 2) to block information that appears on a report as the result of identity theft, 3) to place security alerts or freezes on the files of consumers who request them, and 4) to provide, for a reasonable fee, credit score information to consumers who request it. The law provides consumer credit reporting agencies with specific permission for the disclosure of public record information lawfully obtained from an open public record, to the extent otherwise permitted by law.
Court Records: Protection of Victim and Witness Information - Penal Code section 964. This law requires the district attorney and the courts in each county to establish a procedure to protect confidential personal information regarding any witness or victim contained in a police report, arrest report, or investigative report submitted to a court by a prosecutor in support of a criminal complaint, indictment, or information, or by a prosecutor or law enforcement officer in support of a search warrant or an arrest warrant.
Credit Card Address Change - Civil Code section 1747.06. This law requires a credit card issuer that receives an application with a different address in response to a mailed unsolicited offer to verify the change of address. It also requires a credit card issuer that receives a request for an address change and within 10 days a request for an additional credit card to verify the change of address before mailing or activating the additional credit card.
Credit Card/Telephone Service Address Change - Civil Code section 1799.1b. This law requires a credit card issuer or telephone company that gets a request for a change of address on an account and then within a specified period receives a request for a new credit card or service to notify the consumer at the former address of record.
Credit Card or Check Payment - Civil Code sections 1725 and 1747.08. Any person accepting a check in payment for most goods or services at retail is prohibited from recording a purchaser's credit card number or requiring that a credit card be shown as a condition of accepting the check (Section 1725). Any person accepting a credit card in payment for most goods or services is prohibited from writing the cardholder's personal information on forms associated with the transaction (Section 1747.08).
Credit Card Full Disclosure Act - Civil Code sections 1748.10 - 1748.12. Allows credit card holders to opt-out of having their marketing information disclosed by credit card companies. Credit card issuers are also required to provide cardholders with a written notice of their right to prohibit the disclosure of their marketing information to marketers who disclose the cardholder's identity. This written notice must include both a preprinted form and a toll-free number which cardholders can use to exercise this right.
Credit/Debit Card Number Truncation - California Civil Code section 1747.09. No more than the last five digits of a credit card or debit card number may be printed on the customer copy of electronically printed receipts.
Credit Card "Skimmers" - Penal Code section 502.6. The knowing and willful possession or use, with the intent to defraud, of a device designed to scan or re-encode information from or to the magnetic strip of a payment card (a "skimmer") is punishable as a misdemeanor. The devices owned by the defendant and possessed or used in violation may be destroyed and various other computer equipment used to store illegally obtained data may be seized.
Credit Cards, Substitutes - Civil Code section 1747.05. A credit card issuer that issues a substitute credit card must provide an activation process where consumers are required to contact the card issuer to activate the credit card before it can be used.
Destruction of Customer Records - California Civil Code sections 1798.80 - 1798.81 and 1798.84. This requires businesses to shred, erase or otherwise modify the personal information in records under their control.
Domestic Violence Victim Privacy - Civil Code section 1798.79.8 This law prohibits a domestic violence victim service provider from being required to reveal the personally identifying information of its clients or potential clients as a part of applying for or receiving grants or financial assistance for its services. It defines "victim service provider" to mean a non-governmental organization that provides shelter or services to victims of domestic violence.
Driver's License Information Confidentiality - Vehicle Code sections 1808-1821. This law puts limits on disclosures of personal information in records maintained by the DMV.
Driver's License Information, Scanning or "Swiping" - Civil Code section 1798.90.1. Prohibits bars, car dealers and others from collecting information by swiping driver's license for any purposes other than verifying age or authenticity of the license, check verification or when legally required.
Electronic Eavesdropping - Penal Code sections 630-638. Among other things, this law prohibits, with exceptions, electronic eavesdropping on or recording of private communications by telephone, radio telephone, cellular radio telephone, cable or any other device or in any other manner. Violation can result in penalties of up to $10,000 and imprisonment in county jail or state prison for up to one year (sections 631-632.7). It prohibits cable TV and satellite TV operators from monitoring or recording conversations in a subscriber's residence, or from sharing individually identifiable information on subscriber viewing habits or other personal information without written consent (section 637.5).
Electronic Eavesdropping by State Law Enforcement Officials – Penal Code sections 629.50-629.98. With the approval of a Superior Court judge, specified law enforcement officials can intercept specifically described wire, electronic pager, or electronic cellular telephone communications. The law prescribes a procedure that requires officials to present to a Superior Court judge requests for authority to record, catalogue, maintain and report about recordings of all communications intercepted (except legally privileged communications). The law also requires authorities to notify the parties to such intercepted communications about the facts of the wiretapping activities, no later than 90 days after the termination of the activities or after the denial of an application seeking wiretapping authority. This law will expire on January 1, 2012.
Electronic Surveillance in Rental Cars – Civil Code section 1936. This law prohibits vehicle rental companies from using, accessing, or obtaining information relating to a renter’s use of a rental vehicle obtained using onboard electronic surveillance technology, except in limited circumstances. It requires rental companies to obtain a renter’s consent before using or disclosing information about the renter’s use of the vehicle.
Employment of Offenders - Penal Code section 4017.1 and Penal Code section 5071 and Welfare and Institutions Code section 219.5. Prison and county jail inmates may not have jobs that give them access to personal information. The same prohibitions apply to offenders performing community service in lieu of a fine or custody.
Fair Debt Collection Practices Act, Civil Code sections 1788-1788.33. This law prohibits debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts and requires debtors to act fairly in entering into and honoring such debts. It also requires a collector to stop collection when an alleged debtor furnishes a police report of identity theft and other information. Before resuming collection, the collector, must make a good faith determination that the information does not establish that the consumer is not responsible for the debt.
Financial Information Privacy Act, California - Financial Code sections 4050 - 4060. This law prohibits financial institutions from sharing or selling personally identifiable nonpublic information without obtaining a consumer's consent, as provided. It provides for a plain-language notice of the privacy rights it confers. The law requires that (1) a consumer must "opt in" before a financial institution may share personal information with an unaffiliated third party, (2) consumers be given an opportunity to "opt out" of sharing with a financial institution's financial marketing partners, and (3) consumers be given the opportunity to "opt out" of sharing with a financial institution's affiliates, with some exceptions. When an affiliate is wholly owned, in the same line of business, subject to the same functional regulator and operates under the same brand name, an institution may share its customers' personal information with the affiliate without providing an opt-out right.
Identification Devices, Prohibition on Bodily Implanting - Civil Code section 52.7. This law prohibits a person from requiring, coercing, or compelling any other individual to undergo the subcutaneous implanting of an identification device. The law specifically requires that it be liberally construed to protect privacy and bodily integrity. The law also provides for the assessment of civil penalties for violation, as specified, and allows an aggrieved party to bring an action for damages and injunctive relief, subject to a 3-year statute of limitation, or as otherwise provided.
Information Practices Act of 1977- California Civil Code section 1798 and following. This law applies to state government. It expands upon the constitutional guarantee of privacy by providing limits on the collection, management and dissemination of personal information by state agencies.
Information-Sharing Disclosure, “Shine the Light” - Civil Code sections 1798.83-1798.84. This law lets consumers learn how their personal information is shared by companies for marketing purposes and encourages businesses to let their customers opt-out of such information sharing. In response to a customer request, a business must provide either: 1) a list of the categories of personal information disclosed to other companies for their marketing purposes during the preceding calendar year, with the names and addresses of those companies, OR 2) a privacy statement giving the customer a cost-free opportunity to opt-out of such information sharing. Financial services companies subject to the California Financial Information Privacy Act are exempted from this law. See the Office of Privacy Protection’s Recommended Practices in relation to this law.
Insurance Information and Privacy Protection Act - Insurance Code section 791 and following. This law sets standards for the collection, use and disclosure of personal information gathered in connection with insurance transactions by insurance companies, agents or insurance-support organizations. It generally prohibits disclosure of personal or privileged information collected or received in connection with an insurance transaction unless the disclosure (1) is authorized in writing by the individual or (2) is necessary for conducting business. The individual must be given an opportunity to opt-out of disclosure for marketing purposes.
Investigative Consumer Reporting Agencies Act - California Civil Code sections 1786-1786.60. This law regulates the activities of those who collect and communicate information for investigative reports on consumers for third parties such as employers, insurance companies and landlords.
Library Records, Confidentiality - Government Code sections 6254, 6267 and 6276.28. Registration and circulation records, of libraries supported by public funds, are confidential and are explicitly exempted from the Public Records Act.
Locking Mail Boxes in Residential Hotels – Civil Code section 1941.1 and Health & Safety Code section 17958.3. Effective July 1, 2008, all residential hotels must provide each residential unit with a locking mail receptacle, acceptable for mail delivery by the U.S. Postal Service. Failure to comply is a basis for considering a residential unit untenantable. The law also authorizes cities and counties to make and enforce ordinances that provide greater protections and penalties.
Marketing to State University Alumni - Education Code sections 89090-89090.5 & 92630. This law authorizes the alumni associations of the California State University, the University of California, and Hastings College of Law to provide the names, addresses, and e-mail addresses of alumni to certain businesses ("affinity partners") for marketing purposes, provided the associations give alumni an opportunity to opt-out of having their information shared and provided the alumni have not, while students at those institutions, opted-out of information sharing.
Marriage Licenses, Addresses - Family Code section 351.5 This law allows the parties or witnessess to a marriage to use a business address or a post office box rather than a residential address on a marriage license and certificate of registry.
Motor Vehicle Dealer Data Access - Vehicle Code section 11713.3 and 11713.25 This law prohibits auto manufacturers and distributors from accessing, modifying, or extracting information from an auto dealer’s computer system without providing safeguards to protect that information. It also prohibits a computer vendor from accessing, modifying, or extracting information from an auto dealer’s computer system without first obtaining the dealer’s express consent and providing safeguards to protect that information.
Physical & Constructive Invasions of Privacy - Civil Code section 1708.8. This law defines physical invasion of privacy in terms of trespassing in order to capture an image, sound recording or other impression in certain circumstances. It also defines constructive invasion of privacy as attempting to capture such an impression under circumstances in which the plaintiff had a reasonable expectation of privacy.
Public Records Act - Government Code sections 6250-6268. This law applies to state and local government. It gives members of the public a right to obtain certain described kinds of documents that are not protected from disclosure by the Constitution and other laws. This law also provides some specific privacy protections.
Public Record Exemption for Sex Offense Victims - Government Code section 6254 and Penal Code section 293. These laws prohibit the disclosure of the names and addresses of victims of specific sex-related crimes in documents provided in response to requests for records, including responses provided under the California Public Records Act.
Research Use of Personal Information - Civil Code section 1798.24 and Welfare and Institutions Code section 10850. This law authorizes a state agency to disclose personal information for certain research purposes to the University of California or a nonprofit educational institution, but requires the agency to get the approval of the Committee for the Protection of Human Subjects for the California Health and Human Services Agency before disclosing the information. It also establishes criteria for the review and approval of the request.
Security Breach Notice - Civil Code sections 1798.29, 1798.82, and 1798.84. This law requires a business or a State agency that maintains unencrypted computerized data that includes personal information, as defined, to notify any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The type of information that triggers the notice requirement is an individual's name plus one or more of the following: Social Security number, driver's license or California Identification Card number, financial account numbers, medical information or health insurance information. The law's intention is to give affected individuals the opportunity to take steps to protect themselves from identity theft. See the Office of Privacy Protection’s Recommended Practices in relation to this law.
Security of Personal Information - Civil Code section 1798.81.5. This law requires specified businesses to use safeguards to ensure the security of Californians’ personal information (defined as name plus SSN, driver’s license/state ID, financial account number) and to contractually require third parties to do the same. It does not apply to businesses that are subject to certain other information security laws.
Social Security Number Confidentiality - Civil Code sections 1798.85-1798.86, 1785.11.1, and 1785.11.6. This law restricts businesses and state and local agencies from publicly posting or displaying Social Security numbers. It also bans embedding SSNs on a card or document using a bar code, chip, magnetic strip or other technology, in place of removing the number as required by law. The law takes effect gradually, from 2002 through 2007. See the Office of Privacy Protection’s Recommended Practices in relation to this law.
Social Security Number Confidentiality in Family Court Records - California Family Code section 2024.5. This law establishes a procedure for keeping SSNs confidential in court filings for legal separation, dissolution, or nullification of marriage.
Social Security Number Truncation on Pay Stubs – Labor Code section 226. This law requires employers to print no more than the last four digits of an employee’s SSN, or to use an employee ID number other than the SSN, on employee pay stubs or itemized statements. Employers must comply by January 1, 2008.
Social Security Numbers in Abstracts of Judgments, Decrees, and Tax Liens - Code of Civil Procedure section 674 and Revenue & Taxation Code section 2191.3. These laws delete the former provisions requiring that abstracts of judgments, decrees requiring the payment of money, and tax collector liens contain the full SSN of the judgment debtor or assessee. Instead, such documents may contain only the last four digits of the SSN.
Social Security Numbers in Local Government Records and Higher Education – Civil Code sections 1798.88 -1798.89, Commercial Code section 9526.5, Education Code section 66018.55, and Government Code section 27300 et seq. These laws require certain state and local government agencies to truncate SSNs in documents released to the public so as to display no more than the last four digits. (1) The Franchise Tax Board must truncate SSNs in documents released to the public. (2) The Secretary of State must create versions of Uniform Commercial Code filings that contain only truncated SSNs. (3) County recorders must create versions of documents recorded back to 1980 that contain only truncated SSNs, and if authorized by boards of supervisors may levy a fee to cover the cost of truncation. Also no one may record a document containing more than the last four digits of an SSN. (4) The law states the Legislature’s intent that local agencies, other than county recorders, fully redact SSNs from public records before making the records publicly available, and excludes SSNs from the information that a local agency must disclose under the Public Records Act. (5) It requires the Office of Privacy Protection to create a task force to review the use of SSNs by California colleges and universities and to recommend practices to minimize such use, with a report due to the Legislature by July 1,
State Agency Privacy Policies - Government Code section 11019.9. This law requires state agencies to enact and to maintain a privacy policy and to designate an employee to be responsible for the policy. The policy must describe the agency's practices for handling personal information, as further required in the Information Practices Act.
Supermarket Club Card Act - Civil Code section 1749.60 and following. This law prohibits supermarket club card issuers (1) from requesting driver's license numbers or Social Security numbers, and (2) from selling or sharing personal customer information; limited exemption for membership card stores.
Telecommunications Customer Privacy - Public Utilities Code sections 2891-2894.10. This law bars telecommunications companies from disclosing the calling patterns, personal financial information or other specified personal information of residential subscribers without first getting written consent of the subscriber. There are some exceptions, including disclosure for the purpose of debt collection, for responding to a 911 call, and as required by legal process. It also requires, among other things, that telephone companies must give annual notice to subscribers that calling an 800 or 900 number may result in the disclosure of the subscriber's telephone number to the called party.
Telephone Record "Pretexting" - Penal Code section 638 This law prohibits the purchase or sale of any telephone calling pattern record or list without the written consent of the subscriber.
Veterans' Discharge Papers, Notice of Public Record Status - California Government Code section 27337. This law addresses the risk of identity theft created when military veterans file their DD214s, which contain their SSN, with their county recorders. It requires the recorders to give such a veteran a written form indicating that the document becomes public when it is recorded.
Voter Privacy - Elections Code sections 2194, 8105, 8202, 8204, 2166.7 and 8023, and Government Code 6254.24 If authorized by a local board of supervisors, a local election official must make the voter registration information of specified public safety officials confidential, upon application. The application of a public safety official for confidentiality would be a public record. The law also includes a voter’s signature on a voter registration card as part of confidential voter registration information and adds state and federal judges and court commissioners to the definition of public safety officials entitled to remove their home addresses and telephone numbers from public posting on the Internet.
Warranty cards - Civil Code section 1793.1. Product warranty cards must clearly state that the consumer is not required to return the card for the warranty to take effect.
Wireless Network Security - Business and Professions Code sections 22948.5-22948.7 This law requires devices that include an integrated and enabled wireless access point that are manufactured on or after October 1, 2007, to include a warning that advises consumers about how to protect their personal information and mitigate unauthorized use of their Internet access, and provide other specified protection measures.

Health Information Privacy

Birth and Death Certificate Access - Health and Safety Code sections 103525, 103525.5, 103526, 103526.5, 103527, and 103528. Authorization is required to obtain certified copies of the birth or death certificate of another person. State and local registrars that issue non-certified copies to non-authorized applicants must print the words "informational, not a valid document to establish identity" on the copies issued.
Birth and Death Record Indices - Health and Safety Code sections102230, 102231 and 102232. This law exempts specified compilations of birth and death records, called indices, from disclosure under the California Public Records Act. The State Registrar is required to establish separate non-comprehensive indices for public release, which do not contain Social Security numbers or mother's maiden names. Requesters of the indices must provide proof of identity and sign a form certifying, under penalty of perjury, that they will comply with prescribed usage guidelines.
Legal and Civil Rights of Persons Involuntarily Detained - Welfare & Institutions Code section 5328. This law provides for the confidentiality of the records of people who are voluntarily or involuntarily detained for psychiatric evaluation or treatment.
Medical Information, Collection for Direct Marketing Purposes - Civil Code section 1798.91. This law prohibits a business from seeking to obtain medical information from an individual for direct marketing purposes without, (1) clearly disclosing how the information will be used and shared, and (2) getting the individual’s consent.
Medical Information Confidentiality - Civil Code sections 56-56.37 This law puts limits on the disclosure of patients’ medical information by medical providers, health plans, pharmaceutical companies, and many businesses organizanized for the purpose of maintaining medical information. It specifically prohibits many types of marketing uses and disclosures.
Mandated Blood Testing and Confidentiality to Protect Public Health - Health & Safety Code sections 120975-121020. This law protects the privacy of individuals who are the subject of blood testing for antibodies to the probable causative agent of acquired immune deficiency syndrome (AIDS).
Patient Access to Health Records - Health & Safety Code section 123110 and following. With minor limitations, this law gives patients the right to see and copy information maintained by health care providers relating to the patients' health conditions. The law also gives patients the right to submit amendments to their records, if the patients believe that the records are inaccurate or incomplete.

Identity Theft

Consolidation of Identity Theft Cases - Penal Code section 786. The jurisdiction for a criminal action for ID theft offenses may be the county where the theft occurred or the county where the information was illegally used. If similar ID theft offenses occur in multiple jurisdictions, any one of those jurisdictions is a proper jurisdiction for all of the offenses.
Criminal Profiteering and Identity Theft - Penal Code section 186.2. This law adds the theft of personal identifying information to the offenses specified as criminal profiteering activity and patterns of criminal profiteering activity.
Debt Collection: Business Identity Theft Victim Rights - Civil Code sections 1788.2 and 1788.18 This law provides a firm, association, organization, partnership, business trust, company, corporation, or limited liability company with the same rights as an individual to contest any debt that has resulted from identity theft.
Debt Collection: Identity Theft Victim Rights - Civil Code section 1788.18. This law is intended to help identity theft victims deal with debt collectors who are trying to collect debts incurred by the thief. It requires a debt collector to stop collection when an alleged debtor furnishes a police report of identity theft and other information on his status as an identity theft victim. If a collector ultimately determines that the information fails to establish that the consumer is not responsible for the debt, the collector has to notify the consumer of that determination and its basis before proceeding with collection. The bill also helps identity theft victims clear up their records by requiring debt collectors who cease collection activities to notify the creditors and consumer credit reporting agencies to which the collector previously provided adverse information.
Document Making Devices and Identity Theft - Penal Code section 483.5. This law prohibits the possession of document-making devices with intent to use them to manufacture, alter, or authenticate a deceptive identification document. Conviction is punishable by up to one year in county jail and/or a fine of up to $1,000.
Financial Crime Surveillance Photos and Video - Government Code section 7480 This law provides that a law enforcement agency may request, and a bank, credit union, or savings association must then provide, surveillance photographs and video recordings of a person accessing a crime victim’s financial account via an ATM or from within the financial institution, as specified.
Identity Theft Crime Statistics - Penal Code section 13012.6 This law requires the Department of Justice to include information on arrests for identity theft crimes in the annual report on criminal statistics provided to the Governor.
Identity Theft: Victim Access to Records on Fraudulent Transactions or Accounts - Civil Code section 1748.95, Financial Code sections 4002 and 22470. Similar to Penal Code section 530.8, these laws require certain types of financial institutions and other businesses to release (to a victim with a police report or to the victim's law enforcement representative) information and evidence related to identity theft. See the similar provisions in the federal Fair Credit Reporting Act, section 609(e).
Identity Theft - Penal Code sections 530.5-530.8. These code sections define the specific crime of identity theft, require the law enforcement agency in the victim's area to take a police report, allow a victim to get an expedited judicial ruling of factual innocence, require the Department of Justice to establish a database of identity theft victims accessible by law enforcement and victims, and require financial institutions to release information and evidence related to identity theft to a victim with a police report or to the victim's law enforcement representative. The sections establish penalties for the crime, including enhanced penalties for several groups 1) those with previous identity theft convictions, 2) those acquiring or possession personal information of 10 or more people, and 3) those who sell or otherwise convey personal information with knowledge that it will be used to commit identity theft.
Identity Theft Conspiracy/DMV - Penal Code sections 182 and 529.7. Courts can impose fines of up to $25,000 on individuals convicted of felony conspiracy to commit ID theft. This law also makes it a misdemeanor for any unauthorized person to obtain (or assist another person in obtaining) a driver's license, identification card, vehicle registration certificate, or other official document issued by the Department of Motor Vehicles, with the knowledge that the person obtaining the document is not entitled to it.
Identity Theft: Records in "Criminal" Identity Theft - Penal Code sections 853.5-853.6, Vehicle code sections 40303, 40305, 40305.5, 40500 and 40504. This law helps victims clear their records when an identity thief is arrested using the victim's name. It establishes a procedure for a victim to contest a charge by submitting a thumbprint for comparison with the thumbprint taken at the time of arrest.
Identity Theft Victim's Rights Against Claimants - Civil Code section 1798.92-1798.97. This law protects identity theft victims who are being pursued for collection of debts which have been created by identity thieves. The law gives identity theft victims the right to bring an action against a claimant who is seeking payment on a debt NOT owed by the identity theft victim. The identity theft victim may seek an injunction against the claimant, plus actual damages, costs, a civil penalty, and other relief.
Search Warrant - Penal Code section 1524. This law helps law enforcement in investigating identity theft cases by permitting a magistrate in the victim's county of residence to issue a search warrant for persons or property located in another county when the warrant is related to the identity theft.
Statute of Limitations - Penal Code section 803. This bill gives victims, law enforcement, and prosecutors a reasonable opportunity to discover and investigate the crime of identity theft by specifying that the statute of limitations for the crime (and publicly filing a false or forged document) commences when the crime was discovered, instead of when it was committed.

Online Privacy

Anti-Phishing Act of 2005 - Business and Professions Code sections 22948-22948.3. This law prohibits "phishing," the act of posing as a legitimate company or government agency in an email, Web page, or other Internet communication in order to trick a recipient into revealing his or her personal information.
Computer Spyware - Business and Professions Code section 22947 and following. This law prohibits an unauthorized person from knowingly installing or providing software that performs certain functions, such as taking control of the computer or collecting personally identifiable information, on or to another user's computer located in California.
Online Privacy Protection Act of 2003 - Business and Professions Code sections 22575-22579. This law requires operators of commercial web sites or online services that collect personal information on California residents through a web site to conspicuously post a privacy policy on the site and to comply with its policy. The privacy policy must, among other things, identify the categories of personally identifiable information collected about site visitors and the categories of third parties with whom the operator may share the information. An operator is in violation for failure to post a policy within 30 days of being notified of noncompliance, or if the operator either knowingly and willfully or negligently and materially fails to comply with the provisions of its policy. This law takes effect July 1, 2004.
Personal Information Collected on Internet - Government Code section 11015.5. This law applies to state government agencies. When collecting personal information electronically, agencies must provide certain notices. Before sharing an individual's information with third parties, agencies must obtain the individual's written consent.
Public Officials, Online Privacy - Government Code 6254.21 This law prohibits posting or displaying on the Internet the home address or telephone number of any elected or appointed official, as defined, if the official has made a written demand not to disclose his or her information.
Reproductive Health Care, Online Privacy - Government Code section 6218 and following This law protects the personal safety of reproductive health care providers, employees, volunteers, and patients by prohibiting the posting of any such person’s home address, phone number, or image on the Internet, under specified circumstances.

Unsolicited Commercial Communications

Spam Laws - Business and Professions Code sections 17529 and following and 17538.45. These laws regulate "spam," unsolicited commercial e-mail. Section 17529.5 concerns unsolicited commercial e-mails with misleading or falsified headers or information, and includes penalties. It applies to e-mail sent to or from a California e-mail address. It authorizes the recipient, an e-mail service provider, or the Attorney General to bring an action for actual damages and liquidated damages of $1,000 per e-mail ad sent in violation, up to $1 million per incident. It also authorizes attorney’s fees and costs to a prevailing plaintiff. Section 17538.45 gives an e-mail service provider the right to sue those who send spam from its network or to its subscribers. Service providers can get civil damages up to $25,000 per day plus attorney fees. See also the federal CAN-SPAM Act.
Telemarketing: State do-not-call list - Business and Professions Code sections 17590-17594. Californians can put their residential and cellular telephone numbers on a national do-not-call list. For program details, visit the Federal Trade Commissions web site at https://www.donotcall.gov/default.aspx.
Unsolicited Cell Phone/Pager Text Ads - Business and Professions Code section 17538.41. This law prohibits the sending of unsolicited text advertisements to cell phones or pagers.
Cellular Telephone Number Directory – Public Utilities Code section 2891.1. This law requires a subscriber’s express permission before a cell phone service provider can list the subscriber’s number in a directory.