California Civil Code 1798.99.90 – (a) A person or business shall not collect, use, disclose, or …
(a) A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (c).
(b) For purposes of this section, the following definitions apply:
Terms Used In California Civil Code 1798.99.90
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
(1) “Business” means the same as defined in subdivision (c) of Section 1798.140.
(2) “Collect” means the same as defined in subdivision (f) of Section 1798.140.
(3) “Family planning center” means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in § 1798.300 of the Civil Code.
(4) “Personal information” has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.
(5) “Precise geolocation” means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person.
(6) “Sell” means the same as defined in subdivision (ad) of Section 1798.140.
(7) “Share” means the same as defined in subdivision (ah) of Section 1798.140.
(c) A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
(d) (1) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation.
(2) If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the litigation.
(e) This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
(Added by Stats. 2023, Ch. 260, Sec. 5. (SB 345) Effective January 1, 2024.)