Section § 1798.24

Explanation

This law restricts government agencies from sharing personal information that can directly link back to an individual, except under specific circumstances. These include when the person consents in writing, when sharing with someone legally authorized to act on the individual's behalf, or when needed for official duties. Information can also be shared with other agencies if it's necessary for those agencies to perform their legal duties and is related to the initial purpose of gathering the information. Additional exceptions include legal obligations like subpoenas or law enforcement needs, and with researchers or educational institutions under strict guidelines. The law ensures that any data shared for research purposes must be done with robust privacy protections.

An agency shall not disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains unless the information is disclosed, as follows:
(a)CA Civil Law Code § 1798.24(a) To the individual to whom the information pertains.
(b)CA Civil Law Code § 1798.24(b) With the prior written voluntary consent of the individual to whom the information pertains, but only if that consent has been obtained not more than 30 days before the disclosure, or in the time limit agreed to by the individual in the written consent.
(c)CA Civil Law Code § 1798.24(c) To the duly appointed guardian or conservator of the individual or a person representing the individual if it can be proven with reasonable certainty through the possession of agency forms, documents, or correspondence that this person is the authorized representative of the individual to whom the information pertains.
(d)CA Civil Law Code § 1798.24(d) To those officers, employees, attorneys, agents, or volunteers of the agency that have custody of the information if the disclosure is relevant and necessary in the ordinary course of the performance of their official duties and is related to the purpose for which the information was acquired.
(e)CA Civil Law Code § 1798.24(e) To a person, or to another agency if the transfer is necessary for the transferee agency to perform its constitutional or statutory duties, and the use is compatible with a purpose for which the information was collected and the use or transfer is in accordance with Section 1798.25. With respect to information transferred from a law enforcement or regulatory agency, or information transferred to another law enforcement or regulatory agency, a use is compatible if the use of the information requested is needed in an investigation of unlawful activity under the jurisdiction of the requesting agency or for licensing, certification, or regulatory purposes by that agency.
(f)CA Civil Law Code § 1798.24(f) To a governmental entity if required by state or federal law.
(g)CA Civil Law Code § 1798.24(g) Pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(h)CA Civil Law Code § 1798.24(h) To a person who has provided the agency with advance, adequate written assurance that the information will be used solely for statistical research or reporting purposes, but only if the information to be disclosed is in a form that will not identify any individual.
(i)CA Civil Law Code § 1798.24(i) Pursuant to a determination by the agency that maintains information that compelling circumstances exist that affect the health or safety of an individual, if upon the disclosure notification is transmitted to the individual to whom the information pertains at the individual’s last known address. Disclosure shall not be made if it is in conflict with other state or federal laws.
(j)CA Civil Law Code § 1798.24(j) To the State Archives as a record that has sufficient historical or other value to warrant its continued preservation by the California state government, or for evaluation by the Director of General Services or the director’s designee to determine whether the record has further administrative, legal, or fiscal value.
(k)CA Civil Law Code § 1798.24(k) To any person pursuant to a subpoena, court order, or other compulsory legal process if, before the disclosure, the agency reasonably attempts to notify the individual to whom the record pertains, and if the notification is not prohibited by law.
(l)CA Civil Law Code § 1798.24(l) To any person pursuant to a search warrant.
(m)CA Civil Law Code § 1798.24(m) Pursuant to Article 3 (commencing with Section 1800) of Chapter 1 of Division 2 of the Vehicle Code.
(n)CA Civil Law Code § 1798.24(n) For the sole purpose of verifying and paying government health care service claims made pursuant to Division 9 (commencing with Section 10000) of the Welfare and Institutions Code.
(o)CA Civil Law Code § 1798.24(o) To a law enforcement or regulatory agency when required for an investigation of unlawful activity or for licensing, certification, or regulatory purposes, unless the disclosure is otherwise prohibited by law.
(p)CA Civil Law Code § 1798.24(p) To another person or governmental organization to the extent necessary to obtain information from the person or governmental organization for an investigation by the agency of a failure to comply with a specific state law that the agency is responsible for enforcing.
(q)CA Civil Law Code § 1798.24(q) To an adopted person and disclosure is limited to general background information pertaining to the adopted person’s biological parents, if the information does not include or reveal the identity of the biological parents.
(r)CA Civil Law Code § 1798.24(r) To a child or a grandchild of an adopted person and disclosure is limited to medically necessary information pertaining to the adopted person’s biological parents. However, the information, or the process for obtaining the information, shall not include or reveal the identity of the biological parents. The State Department of Social Services shall adopt regulations governing the release of information pursuant to this subdivision. The regulations shall require licensed adoption agencies to provide the same services provided by the department as established by this subdivision.
(s)CA Civil Law Code § 1798.24(s) To a committee of the Legislature or to a Member of the Legislature, or the member’s staff if authorized in writing by the member, if the member has permission to obtain the information from the individual to whom it pertains or if the member provides reasonable assurance that the member is acting on behalf of the individual.
(t)Copy CA Civil Law Code § 1798.24(t)
(1)Copy CA Civil Law Code § 1798.24(t)(1) To the University of California, a nonprofit educational institution, an established nonprofit research institution performing health or social services research, the Cradle-to-Career Data System, for purposes consistent with the creation and execution of the Cradle-to-Career Data System Act pursuant to Article 2 (commencing with Section 10860) of Chapter 8.5 of Part 7 of Division 1 of Title 1 of the Education Code, or, in the case of education-related data, another nonprofit entity, conducting scientific research, if the request for information is approved by the Committee for the Protection of Human Subjects (CPHS) for the California Health and Human Services Agency (CHHSA) or an institutional review board, as authorized in paragraphs (5) and (6). The approval shall include a review and determination that all the following criteria have been satisfied:
(A)CA Civil Law Code § 1798.24(t)(1)(A) The researcher has provided a plan sufficient to protect personal information from improper use and disclosures, including sufficient administrative, physical, and technical safeguards to protect personal information from reasonable anticipated threats to the security or confidentiality of the information.
(B)CA Civil Law Code § 1798.24(t)(1)(B) The researcher has provided a sufficient plan to destroy or return all personal information as soon as it is no longer needed for the research project, unless the researcher has demonstrated an ongoing need for the personal information for the research project and has provided a long-term plan sufficient to protect the confidentiality of that information.
(C)CA Civil Law Code § 1798.24(t)(1)(C) The researcher has provided sufficient written assurances that the personal information will not be reused or disclosed to any other person or entity, or used in any manner, not approved in the research protocol, except as required by law or for authorized oversight of the research project.
(2)CA Civil Law Code § 1798.24(t)(2) The CPHS shall enter into a written agreement with the Office of Cradle-to-Career Data, as defined in Section 10862 of the Education Code, to assist the managing entity of that office in its role as the institutional review board for the Cradle-to-Career Data System.
(3)CA Civil Law Code § 1798.24(t)(3) The CPHS or institutional review board shall, at a minimum, accomplish all of the following as part of its review and approval of the research project for the purpose of protecting personal information held in agency databases:
(A)CA Civil Law Code § 1798.24(t)(3)(A) Determine whether the requested personal information is needed to conduct the research.
(B)CA Civil Law Code § 1798.24(t)(3)(B) Permit access to personal information only if it is needed for the research project.
(C)CA Civil Law Code § 1798.24(t)(3)(C) Permit access only to the minimum necessary personal information needed for the research project.
(D)CA Civil Law Code § 1798.24(t)(3)(D) Require the assignment of unique subject codes that are not derived from personal information in lieu of social security numbers if the research can still be conducted without social security numbers.
(E)CA Civil Law Code § 1798.24(t)(3)(E) If feasible, and if cost, time, and technical expertise permit, require the agency to conduct a portion of the data processing for the researcher to minimize the release of personal information.
(4)CA Civil Law Code § 1798.24(t)(4) Reasonable costs to the agency associated with the agency’s process of protecting personal information under the conditions of CPHS approval may be billed to the researcher, including, but not limited to, the agency’s costs for conducting a portion of the data processing for the researcher, removing personal information, encrypting or otherwise securing personal information, or assigning subject codes.
(5)CA Civil Law Code § 1798.24(t)(5) The CPHS may enter into written agreements to enable other institutional review boards to provide the data security approvals required by this subdivision, if the data security requirements set forth in this subdivision are satisfied.
(6)CA Civil Law Code § 1798.24(t)(6) Pursuant to paragraph (5), the CPHS shall enter into a written agreement with the institutional review board established pursuant to former Section 49079.6 of the Education Code. The agreement shall authorize, commencing July 1, 2010, or the date upon which the written agreement is executed, whichever is later, that board to provide the data security approvals required by this subdivision, if the data security requirements set forth in this subdivision and the act specified in subdivision (a) of Section 49079.5 of the Education Code are satisfied.
(u)CA Civil Law Code § 1798.24(u) To an insurer if authorized by Chapter 5 (commencing with Section 10900) of Division 4 of the Vehicle Code.
(v)CA Civil Law Code § 1798.24(v) Pursuant to Section 450, 452, 8009, or 18396 of the Financial Code.
(w)CA Civil Law Code § 1798.24(w) For the sole purpose of participation in interstate data sharing of prescription drug monitoring program information pursuant to the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code), if disclosure is limited to prescription drug monitoring program information.
This article does not require the disclosure of personal information to the individual to whom the information pertains if that information may otherwise be withheld as set forth in Section 1798.40.

Section § 1798.24a

Explanation

This law permits the sharing of certain information with local government entities or officials if it's needed to evaluate a potential concessionaire—a person or group seeking permission to operate a business on public land. The disclosure can only happen if there’s a written request to a law enforcement agency, and it should involve criminal history information limited to actual convictions.

Notwithstanding Section 1798.24, information may be disclosed to any city, county, city and county, or district, or any officer or official thereof, if a written request is made to a local law enforcement agency and the information is needed to assist in the screening of a prospective concessionaire, and any affiliate or associate thereof, as these terms are defined in subdivision (k) of Section 432.7 of the Labor Code for purposes of consenting to, or approving of, the prospective concessionaire’s application for, or acquisition of, any beneficial interest in a concession, lease, or other property interest. However, any summary criminal history information that may be disclosed pursuant to this section shall be limited to information pertaining to criminal convictions.

Section § 1798.24b

Explanation

This law requires that certain personal information be shared with a state-appointed agency responsible for protecting the rights of people with disabilities. This information includes name, address, and phone number, among other identifiers. The purpose is to allow the agency to investigate possible abuse or neglect and access necessary records. This disclosure is required despite privacy protections in other laws.

(a)CA Civil Law Code § 1798.24b(a) Notwithstanding Section 1798.24, except subdivision (v) thereof, information shall be disclosed to the protection and advocacy agency designated by the Governor in this state pursuant to federal law to protect and advocate for the rights of people with disabilities, as described in Division 4.7 (commencing with Section 4900) of the Welfare and Institutions Code.
(b)CA Civil Law Code § 1798.24b(b) Information that shall be disclosed pursuant to this section includes all of the following information:
(1)CA Civil Law Code § 1798.24b(b)(1) Name.
(2)CA Civil Law Code § 1798.24b(b)(2) Address.
(3)CA Civil Law Code § 1798.24b(b)(3) Telephone number.
(4)CA Civil Law Code § 1798.24b(b)(4) Any other information necessary to identify that person whose consent is necessary for either of the following purposes:
(A)CA Civil Law Code § 1798.24b(b)(4)(A) To enable the protection and advocacy agency to exercise its authority and investigate incidents of abuse or neglect of people with disabilities.
(B)CA Civil Law Code § 1798.24b(b)(4)(B) To obtain access to records pursuant to Section 4903 of the Welfare and Institutions Code.

Section § 1806.1

Explanation

If a buyer pays money toward a contract or installment account, and they don't know that the contract is being or will be assigned to someone else, their obligation to pay is considered fulfilled by that payment, as long as it's made to the last person they know holds the contract.

Unless the buyer has notice of actual or intended assignment of a contract or installment account, payment thereunder made by the buyer to the last known holder of such contract or installment account, shall to the extent of the payment, discharge the buyer’s obligation.

Section § 1806.2

Explanation

If you have a contract where payments are recorded in a passbook or payment book, you can ask for a detailed statement showing what you still owe. You can request this once a year for free, but if you need more, it will cost no more than a dollar each time. This must be done within a year of the last payment.

At any time after its execution, but not later than one year after the last payment thereunder, the holder of a contract shall, upon written request of the buyer made in good faith, promptly give or forward to the buyer a detailed written statement which will state with accuracy the total amount, if any, unpaid thereunder. Such a statement shall be supplied by the holder once each year without charge; if any additional statement is requested by the buyer, the holder shall supply such statement to the buyer at a charge not exceeding one dollar ($1) for each additional statement supplied to the buyer. The provisions of this section shall apply only to those transactions wherein, instead of periodic statements of account, the buyer is provided with a passbook or payment book in which all payments, credits, charges and the unpaid balance is entered.

Section § 1806.3

Explanation

If you have a contract and decide to pay off the money you owe early, you can do so without any penalty. There are rules about what happens to any leftover finance charge, which depends on how it was calculated. If it was calculated based on all interest upfront, you may get a refund for the part you didn't use. If it was calculated on simple interest, you pay what you owe up to that point. Also, if the contract ends early because of things like giving back the item you bought, repossession, or legal judgments, your remaining debt is determined the same way. This rule doesn't stop any other late fees allowed by law from being collected.

(a)CA Civil Law Code § 1806.3(a) Notwithstanding any provision of a contract to the contrary, the buyer may pay at any time before maturity the entire indebtedness evidenced by the contract without penalty. In the event of prepayment in full:
(1)CA Civil Law Code § 1806.3(a)(1) If the finance charge was determined on the precomputed basis, the amount required to repay the contract shall be the outstanding contract balance as of that date, provided, however, that the buyer shall be entitled to a refund credit in the amount of the unearned portion of the finance charge. The amount of the unearned portion of the finance charge shall be at least as great a proportion of the finance charge, or if the contract has been extended, deferred, or refinanced, of the additional charge therefor, as the sum of the periodic monthly time balances payable more than 15 days after the date of prepayment bears to the sum of all the periodic monthly time balances under the schedule of installments in the contract or, if the contract has been extended, deferred or refinanced, as so extended, deferred or refinanced. Where the amount of the refund credit is less than one dollar ($1), no refund credit need be made by the holder. Any refund credit in the amount of one dollar ($1) or more may be made in cash or credited to the outstanding obligations of the buyer under the contract.
(2)CA Civil Law Code § 1806.3(a)(2) If the finance charge or a portion thereof was determined on the simple-interest basis, the amount required to prepay the contract shall be the outstanding contract balance as of that date, including any earned finance charges which are unpaid as of that date, and provided further that in cases where the finance charge or a portion thereof is determined on the 360-day basis, the payments theretofore received will be assumed to have been received on their respective due dates regardless of the actual dates on which those payments were received.
(b)CA Civil Law Code § 1806.3(b) Notwithstanding any provision of a contract to the contrary, whenever the indebtedness created by any retail installment contract is satisfied prior to its maturity through surrender of the collateral, repossession of the collateral, redemption of the collateral after repossession, or any judgment, the outstanding obligation of the buyer shall be determined as provided in subdivision (a); provided further that the buyer’s outstanding obligation shall be computed by the holder as of the date the holder recovers the value of the collateral through disposition thereof or judgment is entered or, if the holder elects to keep the collateral in satisfaction of the buyer’s indebtedness, as of the date the holder takes possession of the collateral.
(c)CA Civil Law Code § 1806.3(c) This section does not preclude the collection or retention by the holder of any delinquency charge made pursuant to Section 1803.6.

Section § 1806.4

Explanation

Once a buyer has paid off everything they owe on a contract, they can ask to get proof that their debt is fully paid, and any security interest in the goods tied to the contract is released. The holder of this contract has to provide this proof, either by mail or delivery, to the buyer's last known address.

After the payment of all sums for which the buyer is obligated under a contract and upon demand made by the buyer, the holder shall deliver, or mail to the buyer at his last known address, such one or more good and sufficient instruments as may be necessary to acknowledge payment in full and to release all security in the goods under such contract.

Section § 2355

Explanation

This law explains that an agency relationship ends in certain situations. It can end when it's supposed to by time limit, if the agency's purpose no longer exists, if the agent dies, if the agent decides to quit, or if the agent becomes unable to perform their duties.

An agency is terminated, as to every person having notice thereof, by any of the following:
(a)CA Civil Law Code § 2355(a) The expiration of its term.
(b)CA Civil Law Code § 2355(b) The extinction of its subject.
(c)CA Civil Law Code § 2355(c) The death of the agent.
(d)CA Civil Law Code § 2355(d) The agent’s renunciation of the agency.
(e)CA Civil Law Code § 2355(e) The incapacity of the agent to act as such.

Section § 2356

Explanation

This law outlines when an agent's power is terminated unless their authority is linked to an interest in the subject. The agent's power ends if the principal revokes it, dies, or becomes unable to make contracts. However, if someone unknowingly makes a deal with the agent, that deal is still valid. Additionally, this section does not affect other legal sections and any conflicts with voting proxies will defer to other laws.

(a)CA Civil Law Code § 2356(a) Unless the power of an agent is coupled with an interest in the subject of the agency, it is terminated by any of the following:
(1)CA Civil Law Code § 2356(a)(1) Its revocation by the principal.
(2)CA Civil Law Code § 2356(a)(2) The death of the principal.
(3)CA Civil Law Code § 2356(a)(3) The incapacity of the principal to contract.
(b)CA Civil Law Code § 2356(b) Notwithstanding subdivision (a), any bona fide transaction entered into with an agent by any person acting without actual knowledge of the revocation, death, or incapacity shall be binding upon the principal, his or her heirs, devisees, legatees, and other successors in interest.
(c)CA Civil Law Code § 2356(c) Nothing in this section shall affect the provisions of Section 1216.
(d)CA Civil Law Code § 2356(d) With respect to a proxy given by a person to another person relating to the exercise of voting rights, to the extent the provisions of this section conflict with or contravene any other provisions of the statutes of California pertaining to the proxy, the latter provisions shall prevail.

Section § 2357

Explanation

This section talks about situations where someone (a 'principal') is missing and how others should handle knowledge about the principal. If the principal is declared missing, people are considered unaware of the principal's death or loss of ability to make decisions until they receive official notice about the principal's status. They also are considered unaware of any actions by the principal to cancel any decisions or agreements made before going missing.

For the purposes of subdivision (b) of Section 2356, in the case of a principal who is an absentee as defined in Section 1403 of the Probate Code, a person shall be deemed to be without actual knowledge of:
(a)CA Civil Law Code § 2357(a) The principal’s death or incapacity while the absentee continues in missing status and until the person receives notice of the determination of the death of the absentee by the secretary concerned or the head of the department or agency concerned or the delegate of the secretary or head.
(b)CA Civil Law Code § 2357(b) Revocation by the principal during the period described in subdivision (a).

Section § 2909

Explanation

This section explains that a lien is considered an additional or secondary obligation connected to the main duty or act it secures. Whether or not someone is directly responsible for fulfilling that main obligation, the lien can be removed in the same way other secondary obligations might be.

A lien is to be deemed accessory to the act for the performance of which it is a security, whether any person is bound for such performance or not, and is extinguishable in like manner with any other accessory obligation.

Section § 2910

Explanation
If you sell property that has a lien on it to pay off the debt tied to that lien, or if someone illegally takes possession of the personal property with a lien, the lien is canceled.
The sale of any property on which there is a lien, in satisfaction of the claim secured thereby, or in case of personal property, its wrongful conversion by the person holding the lien, extinguishes the lien thereon.

Section § 2911

Explanation

In California, a lien (a legal claim on property to secure a debt or obligation) expires after a certain period. This occurs when either the time to take legal action on the main debt runs out, or when public officials can sell property to pay for certain public projects ends, whichever is later. Generally, liens tied to public improvements are assumed to end after four years from the due date of the assessment or bond, or after January 1, 1947, depending on which is later. After this period, the lien is considered gone, especially for someone who buys the property in good faith and pays for it.

A lien is extinguished by the lapse of time within which, under the provisions of the Code of Civil Procedure, either:
1. An action can be brought upon the principal obligation, or
2. A treasurer, street superintendent or other public official may sell any real property to satisfy a public improvement assessment or any bond issued to represent such assessment and which assessment is secured by a lien upon said real property; whichever is later.
Anything to the contrary notwithstanding, any lien heretofore existing or which may hereafter exist upon real property to secure the payment of a public improvement assessment shall be presumed to have been extinguished at the expiration of four years after the due date of such assessment or the last installment thereof, or four years after the date the lien attaches, or on January 1, 1947, whichever is later, or in the event bonds were or shall be issued to represent such assessment, the lien shall then be presumed to have been extinguished at the expiration of four years after the due date of said bonds or of the last installment thereof or of the last principal coupon attached thereto, or on January 1, 1947, whichever is later. The presumptions mentioned in this paragraph shall be conclusive in favor of a bona fide purchaser for value of said property after such dates.

Section § 2912

Explanation

This law means that if you complete only part of the work that was secured by a lien, the lien still stays on the entire property. It doesn't matter if the property can be divided into parts.

The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property subject thereto, even if it is divisible.

Section § 2913

Explanation

If someone is holding onto a piece of property because they have a claim (lien) on it and they decide to give it back to the owner out of their own free will, that claim on the property is usually canceled. Even if they make another agreement, the claim is still canceled if other people, like creditors or new buyers who didn't know about the first agreement and paid for the property, come into the picture.

The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property, unless otherwise agreed by the parties, and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons, subsequently acquiring a title to the property, or a lien thereon, in good faith, and for value.

Section § 2914

Explanation

This law section simply states that the rules in this chapter do not apply to any deal or security interest that falls under the rules of the Uniform Commercial Code (UCC).

None of the provisions of this chapter apply to any transaction or security interest governed by the Uniform Commercial Code.