Copy of California
Privacy Protection Law in effect as
of January 1, 2001
BILL NUMBER: AB 2246 CHAPTERED
BILL TEXT, CHAPTER 1039, FILED WITH SECRETARY OF STATE SEPTEMBER
30, 2000 APPROVED BY GOVERNOR SEPTEMBER 30, 2000 PASSED THE
SENATE AUGUST 25, 2000; PASSED THE ASSEMBLY AUGUST 25, 2000;
AMENDED IN SENATE AUGUST 18, 2000; AMENDED IN ASSEMBLY MAY
11, 2000; AMENDED IN ASSEMBLY MARCH 30, 2000.
INTRODUCED BY Assembly Member Wayne (Coauthor: Assembly Member
Alquist)
THE PEOPLE OF THE STATE
OF CALIFORNIA DO ENACT
AS FOLLOWS:
SECTION 1. Title 1.81 (commencing with Section 1798.80) is
added to Part 4 of Division 3 of the Civil Code, to read:
TITLE 1.81. CUSTOMERS RECORDS
1798.80. The following definitions apply to this title:
1798.81. (a) "Business" means a sole proprietorship,
partnership,
corporation, association, or other group, however organized
and whether or not organized to operate
at a profit, including a financial institution organized,
chartered, or holding a license or authorization
certificate under the law of this state, any other state,
the United States, or of any other country, or the
parent or the subsidiary of a financial institution. The term
includes an entity that destroys records.
(b) "Records" means any material, regardless of
the physical form, on which information is recorded or preserved
by any means, including in written or spoken words, graphically
depicted, printed, or electromagnetically transmitted. "Records"
does not include publicly available directories containing
information an individual has voluntarily consented to have
publicly disseminated or listed, such as name, address, or
telephone number.
(c) "Customers" means an individual who provides
personal information to a business for the purpose
of purchasing or leasing a product or obtaining a service
from the business.
(d) "Individual" means a natural person.
(e) "Personal information" means any information
that identifies, relates to,
describes, or is capable of being associated with, a particular
individual,
including, but not limited to, his or her name, signature,
social security number, physical characteristics
or description, address, telephone number, passport number,
driver's license or state identification card number, insurance
policy number, education, employment, employment histroy,
bank account number, credit card number, debit card number,
or any other financial information.
1798.81. A business shall take all reasonable steps to destroy,
or arrange for the destruction of a
customer's records within its custody or control containing
personal information which is no longer to
be retained by the business by (1) shredding, (2) erasing,
or (3) otherwise modifying the personal information in those
records to make it unreadable or undecipherable through any
means.
1798.82. (a) Any customer injured by a violation of this title
may institute a civil action to recover damages.
(b) Any business that violates, proposes to violate, or has
violated this title
may be enjoined.
(c) The rights and remedies available under this section are
cumulative to each other and to any other
rights and remedies available under law.
1798.81. A business shall take all reasonable steps to destroy,
or arrange for the destruction of a
customer's records within its custody or control containing
personal information which is no longer to
be retained by the business by (1) shredding, (2) erasing,
or (3) otherwise modifying the personal information in those
records to make it unreadable or undecipherable through any
means.
1798.82. (a) Any customer injured by a violation of this title
may institute a civil action to recover damages.
(b) Any business that violates, proposes to violate, or has
violated this title
may be enjoined.
(c) The rights and remedies available under this section are
cumulative to each other and to any other
rights and remedies available under law.
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