This law states that agencies in California are allowed to keep only the personal information they actually need to fulfill their official duties or comply with legal requirements.
Each agency shall maintain in its records only personal information which is relevant and necessary to accomplish a purpose of the agency required or authorized by the California Constitution or statute or mandated by the federal government.
personal information agency records relevant and necessary California Constitution authorized purpose federal mandate information limitation data retention official duties privacy protection
(Amended by Stats. 1985, Ch. 595, Sec. 5.)
This law says that whenever possible, agencies should get personal information directly from the person it relates to, instead of from other sources.
Each agency shall collect personal information to the greatest extent practicable directly from the individual who is the subject of the information rather than from another source.
personal information agencies direct collection individual subject information collection practicable extent data privacy personal data information source information gathering individual rights data subject privacy protection data collection process information accuracy
(Amended by Stats. 1985, Ch. 595, Sec. 6.)
This law says that when a government agency in California collects personal information about you, it must keep a record of where the information came from. If the information came from another person or organization, they have to note the name of that person or organization. If they collect your info electronically, they have to keep a copy of the source unless you ask for it to be thrown away. The agency has to store this information in a way that makes it easy for you to ask and see where your information came from, unless the source is confidential.
(a)CA Civil Law Code § 1798.16(a) Whenever an agency collects personal information, the agency shall maintain the source or sources of the information, unless the source is the data subject or he or she has received a copy of the source document, including, but not limited to, the name of any source who is an individual acting in his or her own private or individual capacity. If the source is an agency, governmental entity or other organization, such as a corporation or association, this requirement can be met by maintaining the name of the agency, governmental
entity, or organization, as long as the smallest reasonably identifiable unit of that agency, governmental entity, or organization is named.
(b)CA Civil Law Code § 1798.16(b) On or after July 1, 2001, unless otherwise authorized by the Department of Information Technology pursuant to Executive Order D-3-99, whenever an agency electronically collects personal information, as defined by Section 11015.5 of the Government Code, the agency shall retain the source or sources or any intermediate form of the information, if either are created or possessed by the agency, unless the source is the data subject that has requested that the information be discarded or the data subject has received a copy of the source document.
(c)CA Civil Law Code § 1798.16(c) The agency shall maintain the source or sources of the information in a readily accessible form so as to be able to provide it to the data subject when they inspect any record pursuant to Section
1798.34. This section shall not apply if the source or sources are exempt from disclosure under the provisions of this chapter.
personal information collection data source retention government agency electronic data collection data subject request source document information disclosure data privacy record inspection information technology data retention policy confidentiality right to inspect records data storage requirements source exemption
(Amended by Stats. 1999, Ch. 784, Sec. 7. Effective October 10, 1999.)
This law requires agencies to inform individuals when they're collecting personal information. The notice must include details such as the name of the agency, contact information of the official responsible, legal authority for data collection, whether providing the data is mandatory or optional, and any possible consequences of not providing it. It also needs to state the main purpose of using the information and any potential disclosures. The notice doesn't apply to certain law enforcement documents or basic identification data used for communication, except social security numbers, which must adhere to federal privacy rules.
Each agency shall provide on or with any form used to collect personal information from individuals the notice specified in this section. When contact with the individual is of a regularly recurring nature, an initial notice followed by a periodic notice of not more than one-year intervals shall satisfy this requirement. This requirement is also satisfied by notification to individuals of the availability of the notice in annual tax-related pamphlets or booklets provided for them. The notice shall include all of the following:
(a)CA Civil Law Code § 1798.17(a) The name of the agency and the division within the
agency that is requesting the information.
(b)CA Civil Law Code § 1798.17(b) The title, business address, and telephone number of the agency official who is responsible for the system of records and who shall, upon request, inform an individual regarding the location of his or her records and the categories of any persons who use the information in those records.
(c)CA Civil Law Code § 1798.17(c) The authority, whether granted by statute, regulation, or executive order which authorizes the maintenance of the information.
(d)CA Civil Law Code § 1798.17(d) With respect to each item of information, whether submission of such information is mandatory or voluntary.
(e)CA Civil Law Code § 1798.17(e) The consequences, if any, of not providing all or any part of the requested information.
(f)CA Civil Law Code § 1798.17(f) The principal purpose
or purposes within the agency for which the information is to be used.
(g)CA Civil Law Code § 1798.17(g) Any known or foreseeable disclosures which may be made of the information pursuant to subdivision (e) or (f) of Section 1798.24.
(h)CA Civil Law Code § 1798.17(h) The individual’s right of access to records containing personal information which are maintained by the agency.
This section does not apply to any enforcement document issued by an employee of a law enforcement agency in the performance of his or her duties wherein the violator is provided an exact copy of the document, or to accident reports whereby the parties of interest may obtain a copy of the report pursuant to Section 20012 of the Vehicle Code.
The notice required by this section does not apply to agency requirements for an individual to provide his or her name, identifying number,
photograph, address, or similar identifying information, if this information is used only for the purpose of identification and communication with the individual by the agency, except that requirements for an individual’s social security number shall conform with the provisions of the Federal Privacy Act of 1974 (Public Law 93-579).
personal information notice agency data collection regular notice initial notice periodic notice tax-related pamphlets agency official contact record-keeping authority mandatory information submission consequences of non-submission data use purposes information disclosure individual access rights law enforcement exemption social security number privacy
(Amended by Stats. 1985, Ch. 595, Sec. 7.)
This law says that government agencies should keep their records as accurate, relevant, timely, and complete as possible. This is especially important if the records are used to make decisions about people. If an agency sends a record to a group outside the state government, they must fix, update, or remove any part of it that might be wrong or out of date.
Each agency shall maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness.
Such standard need not be met except when such records are used to make any determination about the individual. When an agency transfers a record outside of state government, it shall correct, update, withhold, or delete any portion of the record that it knows or has reason to believe is inaccurate or untimely.
agency records accuracy relevance timeliness completeness individual determination record transfer state government correct records update records withhold records delete records inaccurate information untimely records record maintenance
(Added by Stats. 1977, Ch. 709.)
When a government agency in California hires a contractor to manage or run records containing personal information, they must make sure the contractor follows the same privacy rules that the agency does. This applies to contracts made on or after July 1, 1978. Contractors and their workers are treated as agency employees to ensure accountability. However, local government duties required by the state aren't considered agency functions in this context.
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 Article 10 (commencing with Section 1798.55), any contractor and any employee of the contractor, if the contract is agreed to on or after July 1, 1978, shall be considered to be an employee of an agency. Local government functions mandated by the state are not deemed agency functions within the meaning of this section.
personal information contractor obligations agency functions agency employee privacy rules contractual records local government mandated functions accountability privacy compliance operation of records maintenance of records state mandates local versus state privacy protections
(Amended by Stats. 1985, Ch. 595, Sec. 8.)
Agencies must create and enforce rules for anyone who handles records with personal information. They need to teach these individuals about these rules, how to follow them, and what could happen if they don’t comply.
Each agency shall establish rules of conduct for persons involved in the design, development, operation, disclosure, or maintenance of records containing personal information and instruct each such person with respect to such rules and the requirements of this chapter, including any other rules and procedures adopted pursuant to this chapter and the remedies and penalties for noncompliance.
personal information records management rules of conduct agency responsibilities data protection information handling compliance training requirements noncompliance penalties remedies for violations
(Amended by Stats. 1985, Ch. 595, Sec. 9.)
This section requires each agency to set up protective measures to keep records safe and private. They need to have rules and technologies in place to protect against risks that could harm the records' security or integrity and prevent injuries.
Each agency shall establish appropriate and reasonable administrative, technical, and physical safeguards to ensure compliance with the provisions of this chapter, to ensure the security and confidentiality of records, and to protect against anticipated threats or hazards to their security or integrity which could result in any injury.
agency safeguards record security confidentiality administrative safeguards technical safeguards physical safeguards record protection threats to security integrity of records preventing injury risk management security measures confidential records data protection security threats
(Added by Stats. 1977, Ch. 709.)
Every agency must appoint an employee to make sure the agency follows all the rules in this chapter.
Each agency shall designate an agency employee to be responsible for ensuring that the agency complies with all of the provisions of this chapter.
agency compliance designate employee compliance responsibility agency employee rules enforcement compliance officer ensure compliance provisions monitoring agency duties employee appointment
(Added by Stats. 1977, Ch. 709.)
This law requires the Department of Justice to review all personal information they hold every five years, starting from July 1, 1978, to decide if it should remain inaccessible to the public as outlined in a different rule (Section 1798.40).
The Department of Justice shall review all personal information in its possession every five years commencing July 1, 1978, to determine whether it should continue to be exempt from access pursuant to Section 1798.40.
Department of Justice personal information review process five-year review information access exemption 1978 commencement Section 1798.40 privacy review data access restrictions personal data evaluation public access information exemption rules
(Amended by Stats. 1985, Ch. 595, Sec. 10.)
This law states that if you hold a contract, you cannot charge more in finance fees than what's listed in another specific part of the law, except in certain situations like payments being made on a different schedule. No extra annual fees are allowed in retail installment contracts.
The holder of the contract shall not charge, collect, or receive a finance charge which exceeds the dollar amount shown pursuant to subdivision (b) of Section 1803.3, except to the extent (a) caused by the holder’s receipt of one or more payments under a contract which provides for determination of the finance charge or a portion thereof on the 365-day basis at a time or times other than as originally scheduled, whether or not the parties enter into an agreement pursuant to Section 1807.1, (b) permitted by paragraph (2), (3), or (4) of subdivision (c) of Section 226.17 of Regulation Z, or (3) permitted by Section 1805.8.
No annual fee or charge shall be made in any retail installment contract.
finance charge limits retail installment contract 365-day finance charge annual fee prohibition Regulation Z contract payments excessive charges Section 1803.3 Section 1807.1 Section 1805.8 payment scheduling finance computation contract holder obligations
(Amended (as amended by Stats. 1988, Ch. 479, Sec. 1) by Stats. 1991, Ch. 819, Sec. 2.)
This law allows contracts to be structured so that payments can be made in regular installments, such as monthly, twice a month, or weekly.
Contracts may be payable in successive monthly, semimonthly or weekly installments.
contracts installments monthly payments semimonthly payments weekly payments payment structure contractual payments installment payment agreements regular payment intervals scheduled payments
(Added by Stats. 1959, Ch. 201.)
This law explains that the finance charge on a retail installment contract covers all costs associated with investigating and setting up the contract and extending credit, and no additional fees can be added unless specifically allowed by the rules in this chapter. However, if a check or other payment method bounces, the seller or holder is allowed to charge up to $15 for handling this return, and this fee isn't counted toward other finance-related charges or the limits on them.
The finance charge shall be inclusive of all charges incident to investigating and making the contract and for the extension of the credit provided for in the contract, and no fee, expense or other charge whatsoever shall be taken, received, reserved or contracted for except as otherwise provided in this chapter.
The seller or holder of a retail installment contract may charge and collect a fee not to exceed fifteen dollars ($15) for the return by a depository institution of a dishonored check, negotiable order of
withdrawal, or share draft issued in connection with the retail installment contract. The fee is not included in charges as defined in this chapter or in determining the applicable charges which may be made under this chapter.
finance charge retail installment contract extension of credit dishonored check fee return fee holder charges credit investigation payment bounce retail contract fee depository institution
(Amended by Stats. 1993, Ch. 101, Sec. 1. Effective January 1, 1994.)
This law says that if you buy something on a payment plan, the store can't charge you interest until you actually have the item. However, they can start charging interest if they let you know it's ready for pickup or if they deliver it within 10 days of purchase. For home improvement deals, interest can start when the work begins according to your contract.
(a)CA Civil Law Code § 1805.6(a) Notwithstanding the provisions of any contract to the contrary, except as provided in subdivision (b) or (c), no retail seller shall assess any finance charge for goods purchased under a retail installment contract until the goods are in the buyer’s possession.
(b)CA Civil Law Code § 1805.6(b) A finance charge may be assessed for such undelivered goods, as follows:
(1)CA Civil Law Code § 1805.6(b)(1) From the date when such goods are available for pickup by the buyer and the buyer is notified of their availability, or
(2)CA Civil Law Code § 1805.6(b)(2) From the date of purchase, when such goods are delivered or available for pickup by the buyer within 10 days of the date of purchase.
(c)CA Civil Law Code § 1805.6(c) In the case of a home improvement contract as defined in Section 7151.2 of the Business and Professions Code, a finance charge may be assessed from the approximate date of commencement of the work as set forth in the home improvement contract.
retail installment contract finance charge goods possession undelivered goods pickup availability home improvement contract interest charges buyer notification purchase date work commencement contract provisions retail seller payment plan possession of goods 10-day delivery timeframe
(Amended by Stats. 1981, Ch. 1075, Sec. 8. Operative October 1, 1982, or sooner, by Sec. 25 of Ch. 1075, as amended by Stats. 1982, Ch. 129, Sec. 12.)
This law states that if you buy something with a contract made on or after January 1, 1983, and the last payment is due over 62 months later, the finance charge must be calculated using simple interest.
All contracts entered into between a buyer and a seller on or after January 1, 1983, shall provide for the calculation of the finance charge contemplated by item (1) of subdivision (a) of Section 1805.1 on the simple-interest basis if the date on which the final installment is due, according to the original terms of the contract, is more than 62 months after the date of the contract.
buyer and seller contracts finance charge simple interest payments over 62 months installment payment contract term 1983 agreement requirement interest calculation final installment due date long-term contracts
(Added by Stats. 1979, Ch. 805.)
This law states that if someone who holds a contract advances money for things like insurance, repairs, or maintaining the security interest on goods after the contract is signed, they can't charge more interest on that amount than the annual percentage rate (APR) that was previously disclosed in the contract.
The maximum rate of finance charge which may be imposed on amounts advanced by the holder subsequent to the execution of the contract for insurance, repairs to or preservation of the goods, or preservation of the holder’s security interest therein, shall not exceed the annual percentage rate disclosed pursuant to item (b) of Section 1803.3.
finance charge maximum rate APR limit contract holder post-contract charges insurance costs repairs financing goods preservation security interest annual percentage rate disclosure additional charges credit agreements Section 1803.3
(Amended by Stats. 1981, Ch. 1075, Sec. 9. Operative October 1, 1982, or sooner, by Sec. 25 of Ch. 1075, as amended by Stats. 1982, Ch. 129, Sec. 12.)
This law states that a contract cannot have a finance charge that mixes two calculation methods: precomputed and simple interest, unless it's specifically allowed by another section (1805.8).
No contract shall provide for a finance charge which is determined in part by the precomputed basis and in part by the simple-interest basis, except for any finance charge permitted by Section 1805.8.
finance charge precomputed basis simple-interest basis contract restrictions interest calculation mixed finance charges Section 1805.8 credit agreements loan contracts permitted finance charge
(Added by Stats. 1979, Ch. 805.)
An agent can pass on his responsibilities to someone else in certain situations unless the person who hired him says no. This can be done if the task is mechanical, if the agent can't do it but the sub-agent can, if it's common practice to delegate the task, or if the main person in charge specifically says it's okay.
An agent, unless specially forbidden by his principal to do so, can delegate his powers to another person in any of the following cases, and in no others:
1. When the act to be done is purely mechanical;
2. When it is such as the agent cannot himself, and the sub-agent can lawfully perform;
3. When it is the usage of the place to delegate such powers; or,
4. When such delegation is specially authorized by the
principal.
agent responsibilities delegation mechanical tasks sub-agent principal's permission power delegation authorized delegation usage of place mechanical act legal performance sub-agent law principal restrictions delegation cases agency powers agents tasks
(Enacted 1872.)
If someone hires a helper to do a job without permission, the person who hired the helper is responsible for them. The original boss isn't connected to the helper.
If an agent employs a sub-agent without authority, the former is a principal and the latter his agent, and the principal of the former has no connection with the latter.
agent sub-agent authority agent responsibility principal employment unauthorized hiring connection legal relationship agent role employment responsibility
(Enacted 1872.)
If an original agent legally appoints a sub-agent, the sub-agent acts on behalf of the main party just like the original agent would. The original agent isn't liable to others for what the sub-agent does.
A sub-agent, lawfully appointed, represents the principal in like manner with the original agent; and the original agent is not responsible to third persons for the acts of the sub-agent.
sub-agent original agent principal representation sub-agent appointment agent responsibility third-party liability agent accountability agent-subagent relationship delegation of authority agent liability acts of sub-agent
(Enacted 1872.)
If you have an interest in a property that has a lien on it, you can pay off the lien after the claim is due and before you lose the right to do so. By paying it off, you take over the lien rights, except where you were required to redeem it for the benefit of others with interest in the property.
Every person, having an interest in property subject to a lien, has a right to redeem it from the lien, at any time after the claim is due, and before his right of redemption is foreclosed, and, by such redemption, becomes subrogated to all the benefits of the lien, as against all owners of other interests in the property, except in so far as he was bound to make such redemption for their benefit.
property lien right to redeem subrogation foreclosure interest in property redemption rights claim due lien benefits property interests redeem property lien
(Amended by Stats. 1905, Ch. 459.)
If you have a lien that's lower in priority compared to someone else's on the same property, you have two rights: first, you can pay off the higher lien to reclaim the property, just like the owner could. Second, if it's necessary for protecting your interest, you can step into the shoes of the higher lienholder and enjoy their rights, but only after you've paid off what they are owed.
One who has a lien inferior to another, upon the same property, has a right:
1. To redeem the property in the same manner as its owner might, from the superior lien; and,
2. To be subrogated to all the benefits of the superior lien, when necessary for the protection of his interests, upon satisfying the claim secured thereby.
inferior lien superior lien property redemption subrogation property lien rights protecting interests redeem property lienholder rights satisfying the claim benefits of superior lien lien priority lien satisfaction property claim lien protection lien interests
(Enacted 1872.)
To free yourself from a lien, you need to do what the lien was meant to secure, like finishing a job or paying back a loan. You also need to pay, or at least offer to pay, any damages caused by delays to the person who holds the lien.
Redemption from a lien is made by performing, or offering to perform, the act for the performance of which it is a security, and paying, or offering to pay, the damages, if any, to which the holder of the lien is entitled for delay.
redemption from a lien perform act offer to perform security pay damages holder of the lien entitled damages delay damages offer to pay
(Enacted 1872.)
If a debtor gives a secured party the option to acquire an interest in real estate as collateral, it gets priority based on when it's recorded, as long as it's not reliant on the debtor defaulting. For non-residential properties, this option remains valid even if it affects the debtor's rights unfairly, unless it's otherwise illegal. However, this does not apply to residential properties with four or fewer units, and the law does not change the rules for those types of properties.
An option granted to a secured party by a debtor to acquire an interest in real property collateral takes priority as of its recording and is effective according to its terms if the right to exercise the option is not dependent upon the occurrence of a default with respect to the security agreement and, where the real property which is the subject of the option is other than residential real property containing four or fewer units, shall not be deemed invalid or ineffective on the basis that the secured party has impaired the debtor’s equity of redemption in violation of common law or Section 2889. This section shall not be construed to make valid or
effective an otherwise unlawful option nor shall any inference be drawn from this section as to the validity or application of common law with respect to residential real property containing four or fewer units.
secured party debtor real property collateral option priority recording interest non-residential property equity of redemption default dependency commercial property residential unit limitation unlawful option validation common law rights real estate interest acquisition recording priority Section 2889
(Added by Stats. 1984, Ch. 565, Sec. 1.)