Corpus browser

Civil Code - CIV - CIV § 1798.180

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.180

Preemption This title is a matter of statewide concern and supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding the collection and sale of consumers’ personal informat

Civil Code - CIV - CIV § 1798.185

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.185

Regulations (a) On or before July 1, 2020, the Attorney General shall solicit broad public participation and adopt regulations to further the purposes of this title, including, but not limited to, the following areas: (1) Updating or adding categories of personal information to t

Civil Code - CIV - CIV § 1798.19

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.19

Each agency when it provides by contract for the operation or maintenance of records containing personal information to accomplish an agency function, shall cause, consistent with its authority, the requirements of this chapter to be applied to those records. For purposes of Arti

Civil Code - CIV - CIV § 1798.190

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.190

Anti-Avoidance A court or the agency shall disregard the intermediate steps or transactions for purposes of effectuating the purposes of this title: (a) If a series of steps or transactions were component parts of a single transaction intended from the beginning to be taken with

Civil Code - CIV - CIV § 1798.192

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.192

Waiver Any provision of a contract or agreement of any kind, including a representative action waiver, that purports to waive or limit in any way rights under this title, including, but not limited to, any right to a remedy or means of enforcement, shall be deemed contrary to pub

Civil Code - CIV - CIV § 1798.194

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.194

This title shall be liberally construed to effectuate its purposes.

Civil Code - CIV - CIV § 1798.196

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.196

This title is intended to supplement federal and state law, if permissible, but shall not apply if such application is preempted by, or in conflict with, federal law or the United States or California Constitution.

Civil Code - CIV - CIV § 1798.198

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.198

(a) Subject to limitation provided in subdivision (b), and in Section 1798.199, this title shall be operative January 1, 2020. (b) This title shall become operative only if initiative measure No. 17-0039, The Consumer Right to Privacy Act of 2018, is withdrawn from the ballot pur

Civil Code - CIV - CIV § 1798.199

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199

Notwithstanding Section 1798.198, Section 1798.180 shall be operative on the effective date of the act adding this section.

Civil Code - CIV - CIV § 1798.199.10

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.10

(a) There is hereby established in state government the California Privacy Protection Agency, which is vested with full administrative power, authority, and jurisdiction to implement and enforce the California Consumer Privacy Act of 2018. The agency shall be governed by a five-m

Civil Code - CIV - CIV § 1798.199.100

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.100

The agency and any court, as applicable, shall consider the good faith cooperation of the business, service provider, contractor, or other person in determining the amount of any administrative fine or civil penalty for a violation of this title. A business shall not be required

Civil Code - CIV - CIV § 1798.199.15

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.15

Members of the agency board shall: (a) Have qualifications, experience, and skills, in particular in the areas of privacy and technology, required to perform the duties of the agency and exercise its powers. (b) Maintain the confidentiality of information which has come to their

Civil Code - CIV - CIV § 1798.199.20

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.20

Members of the agency board, including the chairperson, shall serve at the pleasure of their appointing authority but shall serve for no longer than eight consecutive years.

Civil Code - CIV - CIV § 1798.199.25

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.25

For each day on which they engage in official duties, members of the agency board shall be compensated at the rate of one hundred dollars ($100), adjusted pursuant to subdivision (d) of Section 1798.199.95, and shall be reimbursed for expenses incurred in performance of their off

Civil Code - CIV - CIV § 1798.199.30

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.30

The agency board shall appoint an executive director who shall act in accordance with agency policies and regulations and with applicable law. The agency shall appoint and discharge officers, counsel, and employees, consistent with applicable civil service laws, and shall fix the

Civil Code - CIV - CIV § 1798.199.35

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.35

The agency board may delegate authority to the chairperson or the executive director to act in the name of the agency between meetings of the agency, except with respect to resolution of enforcement actions and rulemaking authority.

Civil Code - CIV - CIV § 1798.199.40

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.40

The agency shall perform the following functions: (a) Administer, implement, and enforce through administrative actions this title. (b) On and after the later of July 1, 2021, or within six months of the agency providing the Attorney General with notice that it is prepared to ass

Civil Code - CIV - CIV § 1798.199.45

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.45

(a) Upon the sworn complaint of any person or on its own initiative, the agency may investigate possible violations of this title relating to any business, service provider, contractor, or person. The agency may decide not to investigate a complaint or decide to provide a busines

Civil Code - CIV - CIV § 1798.199.50

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.50

No finding of probable cause to believe this title has been violated shall be made by the agency unless, at least 30 days prior to the agency’s consideration of the alleged violation, the business, service provider, contractor, or person alleged to have violated this title is not

Civil Code - CIV - CIV § 1798.199.55

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.55

(a) When the agency determines there is probable cause for believing this title has been violated, it shall hold a hearing to determine if a violation has or violations have occurred. Notice shall be given and the hearing conducted in accordance with the Administrative Procedure

Civil Code - CIV - CIV § 1798.199.60

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.60

Whenever the agency rejects the decision of an administrative law judge made pursuant to Section 11517 of the Government Code, the agency shall state the reasons in writing for rejecting the decision.

Civil Code - CIV - CIV § 1798.199.65

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.65

The agency may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the production of any books, papers, records, or other items material to the performance of the agency’s duties or exercise of its po

Civil Code - CIV - CIV § 1798.199.70

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.70

No administrative action brought pursuant to this title alleging a violation of any of the provisions of this title shall be commenced more than five years after the date on which the violation occurred. (a) The service of the probable cause hearing notice, as required by Section

Civil Code - CIV - CIV § 1798.199.75

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.75

(a) In addition to any other available remedies, the agency may bring a civil action and obtain a judgment in superior court for the purpose of collecting any unpaid administrative fines imposed pursuant to this title after exhaustion of judicial review of the agency’s action. Th

Civil Code - CIV - CIV § 1798.199.80

statute | California | California Legislative Counsel

Civil Code - CIV - CIV § 1798.199.80

(a) If the time for judicial review of a final agency order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted, the agency may apply to the clerk of the court for a judgment to collect the administrative fines imposed by the or