Civil Code - CIV - CIV § 1798.99.91

Summary

(a) It shall be unlawful to collect, use, disclose, sell, share, or retain the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (b) or as otherwise provided by l

Text

(a)
It shall be unlawful to collect, use, disclose, sell, share, or retain the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (b) or as otherwise provided by law or in a collective bargaining agreement.
(b)
Notwithstanding subdivision (a), it is permissible to collect or use the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, but only as necessary to perform the services or provide the goods requested by the natural person. All other prohibitions under
subdivision (a) shall continue to apply.
(c)
(1)
An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person 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.
(d)
(1)
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 or to a covered entity or its business associate, as defined in Section 160.103 of Title 45 of the Code of Federal Regulations.
(2)
In order to qualify for this exemption, a contractor or business associate must be contractually obligated to comply with all applicable state and federal privacy laws.
(e)
(1)
Nothing in this section shall be construed to alter applicable law, including pursuant to Section 3010 of the Penal Code, regarding use by a law enforcement agency of personal information, including geolocation information, generated by an electronic monitoring device.
(2)
For purposes of this section, “law enforcement agency” means any department or agency of the state or any local government, special district, or other political subdivision thereof that employs any peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

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• #1 | Civil Code - CIV - CIV § 1798.99.91

  (a) It shall be unlawful to collect, use, disclose, sell, share, or retain the personal information of a natural person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (b) or as otherwise provided by law or in a collective bargaining agree…