An individual’s name and address may not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law.
Article 11Attorney’s Fees and Court Costs
Section § 1798.60
This law says that a person's name and address can't be shared or sold for business reasons by a government agency, unless a law specifically allows it.
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Section § 1798.61
This law section says it's okay to share the names and addresses of people who have professional licenses or are applying for them. This information can be shared, but only if it's for providing them with info about educational materials or courses related to their profession.
(a)CA Civil Law Code § 1798.61(a) Nothing in this chapter shall prohibit the release of only names and addresses of persons possessing licenses to engage in professional occupations.
(b)CA Civil Law Code § 1798.61(b) Nothing in this chapter shall prohibit the release of only names and addresses of persons applying for licenses to engage in professional occupations for the sole purpose of providing those persons with informational materials relating to available professional educational materials or courses.
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Section § 1798.62
If you ask in writing, any organization that has your contact information on a mailing list must remove you from that list, unless they only use it to directly reach out to you.
Upon written request of any individual, any agency which maintains a mailing list shall remove the individual’s name and address from such list, except that such agency need not remove the individual’s name if such name is exclusively used by the agency to directly contact the individual.
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Section § 1798.63
This section emphasizes that the rules in this chapter should be interpreted in a way that strongly upholds privacy rights, whether those rights come from this chapter or the U.S. or California Constitution.
The provisions of this chapter shall be liberally construed so as to protect the rights of privacy arising under this chapter or under the Federal or State Constitution.
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Section § 1798.64
This section explains how agency records are handled when stored by the California state government. When a record is stored by the Director of General Services, it is still considered to belong to the agency that created it, and the director can only share it back with that agency or follow rules that don't conflict with this law. If a record about an identifiable person is sent to the State Archives because it holds historical value, it is considered managed by the archives instead.
(a)CA Civil Law Code § 1798.64(a) Each agency record which is accepted by the Director of General Services for storage, processing, and servicing in accordance with provisions of the State Administrative Manual for the purposes of this chapter shall be considered to be maintained by the agency which deposited the record and shall continue to be subject to the provisions of this chapter. The Director of General Services shall not disclose the record except to the agency which maintains the record, or pursuant to rules established by such agency which are not inconsistent with the provisions of this chapter.
(b)CA Civil Law Code § 1798.64(b) Each agency record pertaining to an identifiable individual which was or is transferred to the State Archives as a record which has sufficient historical or other value to warrant its continued preservation by the California state government, prior to or after July 1, 1978, shall, for the purposes of this chapter, be considered to be maintained by the archives.
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Section § 1798.66
This law allows the Franchise Tax Board to extend certain time limits to 60 days if two conditions are met: the request for the extension is made between January 1 and June 30, and the records in question are kept on magnetic tape.
The time limits specified in Article 8 (commencing with Section 1798. 30) may be extended to 60 days by the Franchise Tax Board if the following conditions exist:
(a)CA Civil Law Code § 1798.66(a) The request is made during the period January 1 through June 30; and
(b)CA Civil Law Code § 1798.66(b) The records requested are stored on magnetic tape.
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Section § 1798.67
This law says that if an agency has placed a lien or claim on someone's property in favor of the state, they are allowed to share information about the person's identity. This is to make sure that the right person is identified, especially if someone else has a similar name.
Where an agency has recorded a document creating a lien or encumbrance on real property in favor of the state, nothing herein shall prohibit any such agency from disclosing information relating to the identity of the person against whom such lien or encumbrance has been recorded for the purpose of distinguishing such person from another person bearing the same or a similar name.
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Section § 1798.68
This law allows district attorneys to request certain information that can be disclosed according to other parts of the law. If an agency doesn't provide the information within 10 working days, the district attorney can ask a court to force the agency to share it. The court will decide if the need for privacy is more important than making the information public. Even if the district attorney gets the information, it doesn't change the legal status of the records.
(a)CA Civil Law Code § 1798.68(a) Information which is permitted to be disclosed under the provisions of subdivision (e), (f), or (o), of Section 1798.24 shall be provided when requested by a district attorney.
A district attorney may petition a court of competent jurisdiction to require disclosure of information when an agency fails or refuses to provide the requested information within 10 working days of a request. The court may require the agency to permit inspection unless the public interest or good cause in withholding such records clearly outweighs the public interest in disclosure.
(b)CA Civil Law Code § 1798.68(b) Disclosure of information to a district attorney under the provisions of this chapter shall effect no change in the status of the records under any other provision of law.
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Section § 1798.69
The State Board of Equalization cannot share the names and addresses of people with licenses or permits from them, except to check resale certificates or handle tax matters. However, they can share data with federal, state, or local government agencies if it's allowed by law.
(a)CA Civil Law Code § 1798.69(a) Except as provided in subdivision (b), the State Board of Equalization may not release the names and addresses of individuals who are registered with, or are holding licenses or permits issued by, the State Board of Equalization except to the extent necessary to verify resale certificates or to administer the tax and fee provisions of the Revenue and Taxation Code.
(b)CA Civil Law Code § 1798.69(b) Nothing in this section shall prohibit the release by the State Board of Equalization to, or limit
the use by, any federal or state agency, or local government, of any data collected by the board that is otherwise authorized by law.
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Section § 1811.1
If you win a lawsuit related to a contract or installment account, the other side has to cover your reasonable legal fees. This rule applies no matter who started the lawsuit—whether it's the seller, holder, or buyer. If the person being sued claims they paid the full amount owed before the lawsuit and proves it by depositing that amount in court, then they are considered the winner of the case for purposes of getting their legal fees covered.
Reasonable attorney’s fees and costs shall be awarded to the prevailing party in any action on a contract or installment account subject to the provisions of this chapter regardless of whether such action is instituted by the seller, holder or buyer. Where the defendant alleges in his answer that he tendered to the plaintiff the full amount to which he was entitled, and thereupon deposits in court, for the plaintiff, the amount so tendered, and the allegation is found to be true, then the defendant is deemed to be a prevailing party within the meaning of this article.
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