Section § 1798.30

Explanation

This law requires each agency to create clear instructions or guidelines showing how they will uphold the rights of individuals as mentioned in this article.

Each agency shall either adopt regulations or publish guidelines specifying procedures to be followed in order fully to implement each of the rights of individuals set forth in this article.

Section § 1798.32

Explanation

This law ensures that you have the right to ask if a government agency keeps any records about you. If they do, they must help you understand how to make your request detailed enough. Whenever you are notified that such records exist, you should be given contact details of the person responsible for these records, how you can access them, and how to dispute their contents unless you've been told this in the past year. Agencies must set rules for when and how you can see these records and confirm your identity before giving access.

Each individual shall have the right to inquire and be notified as to whether the agency maintains a record about himself or herself. Agencies shall take reasonable steps to assist individuals in making their requests sufficiently specific.
Any notice sent to an individual which in any way indicates that the agency maintains any record concerning that individual shall include the title and business address of the agency official responsible for maintaining the records, the procedures to be followed to gain access to the records, and the procedures to be followed for an individual to contest the contents of these records unless the individual has received this notice from the agency during the past year.
In implementing the right conferred by this section, an agency may specify in its rules or regulations reasonable times, places, and requirements for identifying an individual who requests access to a record, and for disclosing the contents of a record.

Section § 1798.33

Explanation
This section allows government agencies to charge individuals a small fee for copies of records. The fee can only cover the cost of making the copy itself, not searching for or reviewing the document, and can't be more than ten cents per page unless another law sets the fee.
Each agency may establish fees to be charged, if any, to an individual for making copies of a record. Such fees shall exclude the cost of any search for and review of the record, and shall not exceed ten cents ($0.10) per page, unless the agency fee for copying is established by statute.

Section § 1798.34

Explanation

In California, you have the right to see your personal information kept by a government agency within 30 days for active records, and 60 days for inactive or scattered records. If they don't respond in time, it's like a refusal. You can bring someone to inspect the information with you and get a copy within 15 days of reviewing it. Agencies must make sure the information is understandable. If your name isn't enough to find your records, they may ask for more details. You should be able to access your information nearby or have it mailed to you.

(a)CA Civil Law Code § 1798.34(a) Except as otherwise provided in this chapter, each agency shall permit any individual upon request and proper identification to inspect all the personal information in any record containing personal information and maintained by reference to an identifying particular assigned to the individual within 30 days of the agency’s receipt of the request for active records, and within 60 days of the agency’s receipt of the request for records that are geographically dispersed or which are inactive and in central storage. Failure to respond within these time limits shall be deemed denial. In addition, the individual shall be permitted to inspect any personal information about himself or herself where it is maintained by reference to an identifying particular other than that of the individual, if the agency knows or should know that the information exists. The individual also shall be permitted to inspect the accounting made pursuant to Article 7 (commencing with Section 1798.25).
(b)CA Civil Law Code § 1798.34(b) The agency shall permit the individual, and, upon the individual’s request, another person of the individual’s own choosing to inspect all the personal information in the record and have an exact copy made of all or any portion thereof within 15 days of the inspection. It may require the individual to furnish a written statement authorizing disclosure of the individual’s record to another person of the individual’s choosing.
(c)CA Civil Law Code § 1798.34(c) The agency shall present the information in the record in a form reasonably comprehensible to the general public.
(d)CA Civil Law Code § 1798.34(d) Whenever an agency is unable to access a record by reference to name only, or when access by name only would impose an unreasonable administrative burden, it may require the individual to submit such other identifying information as will facilitate access to the record.
(e)CA Civil Law Code § 1798.34(e) When an individual is entitled under this chapter to gain access to the information in a record containing personal information, the information or a true copy thereof shall be made available to the individual at a location near the residence of the individual or by mail, whenever reasonable.

Section § 1798.35

Explanation

If you think there is something wrong with a record an agency has about you, you can ask them in writing to fix it. They have 30 days to either make the changes you asked for or to tell you why they won't. If they refuse, they must also explain how you can ask for a review of their decision and give you contact details for the person in charge of the review.

Each agency shall permit an individual to request in writing an amendment of a record and, shall within 30 days of the date of receipt of such request:
(a)CA Civil Law Code § 1798.35(a) Make each correction in accordance with the individual’s request of any portion of a record which the individual believes is not accurate, relevant, timely, or complete and inform the individual of the corrections made in accordance with their request; or
(b)CA Civil Law Code § 1798.35(b) Inform the individual of its refusal to amend the record in accordance with such individual’s request, the reason for the refusal, the procedures established by the agency for the individual to request a review by the head of the agency or an official specifically designated by the head of the agency of the refusal to amend, and the name, title, and business address of the reviewing official.

Section § 1798.36

Explanation

If you ask a government agency to change a record and they refuse, you can request a second look by a higher official in the agency. They need to finish this review within 30 days, but it can be extended another 30 days if there's a good reason. If they still won't change the record, you have the right to file a statement explaining why you disagree.

Each agency shall permit any individual who disagrees with the refusal of the agency to amend a record to request a review of such refusal by the head of the agency or an official specifically designated by the head of such agency, and, not later than 30 days from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such review period by 30 days. If, after such review, the reviewing official refuses to amend the record in accordance with the request, the agency shall permit the individual to file with the agency a statement of reasonable length setting forth the reasons for the individual’s disagreement.

Section § 1798.37

Explanation

If someone disagrees with what's in a particular record held by an agency, and writes down their disagreement, the agency must highlight the disputed part. They also need to provide copies of the person's disagreement and explain why they didn't change the record to anyone who sees or receives that record.

The agency, with respect to any disclosure containing information about which the individual has filed a statement of disagreement, shall clearly note any portion of the record which is disputed and make available copies of such individual’s statement and copies of a concise statement of the reasons of the agency for not making the amendment to any person or agency to whom the disputed record has been or is disclosed.

Section § 1798.38

Explanation

This law says if you provide information about someone for job applications, promotions, adoptions, state contracts, or licenses, and you promised to keep the source of that information secret, you have to share the information with the person it's about. But, you don’t have to reveal who shared it unless that person manages or supervises the individual. You can give a copy with names removed or summarize the content. You must tell the person if the information could harm their reputation or affect their opportunities. In universities, department chairs are not considered supervisors for this purpose.

If information, including letters of recommendation, compiled for the purpose of determining suitability, eligibility, or qualifications for employment, advancement, renewal of appointment or promotion, status as adoptive parents, or for the receipt of state contracts, or for licensing purposes, was received with the promise or, prior to July 1, 1978, with the understanding that the identity of the source of the information would be held in confidence and the source is not in a supervisory position with respect to the individual to whom the record pertains, the agency shall fully inform the individual of all personal information about that individual without identification of the source. This may be done by providing a copy of the text of the material with only such deletions as are necessary to protect the identity of the source or by providing a comprehensive summary of the substance of the material. Whichever method is used, the agency shall insure that full disclosure is made to the subject of any personal information that could reasonably in any way reflect or convey anything detrimental, disparaging, or threatening to an individual’s reputation, rights, benefits, privileges, or qualifications, or be used by an agency to make a determination that would affect an individual’s rights, benefits, privileges, or qualifications. In institutions of higher education, “supervisory positions” shall not be deemed to include chairpersons of academic departments.

Section § 1798.39

Explanation

This law section says that the rules in Sections 1798.35, 1798.36, and 1798.37 don't apply to records that show who owns property.

Sections 1798.35, 1798.36, and 1798.37 shall not apply to any record evidencing property rights.

Section § 1798.40

Explanation

In California, there's a law that allows certain personal information to be kept from the person it concerns. This applies if the information is related to criminal investigations or records, investigations into someone's suitability for a job or license, or if revealing it could mess up fairness in exams or hiring. Medical info can also be withheld if it would harm the person, but it can be shared with a doctor they choose. Settlement info for work injuries that only the State Compensation Insurance Fund holds is also private. Any information that a different law says should stay private will also be withheld. However, if another law says you can see your info, this rule can't stop that.

This chapter shall not be construed to require an agency to disclose personal information to the individual to whom the information pertains, if the information meets any of the following criteria:
(a)CA Civil Law Code § 1798.40(a) Is compiled for the purpose of identifying individual criminal offenders and alleged offenders and consists only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status.
(b)CA Civil Law Code § 1798.40(b) Is compiled for the purpose of a criminal investigation of suspected criminal activities, including reports of informants and investigators, and associated with an identifiable individual.
(c)CA Civil Law Code § 1798.40(c) Is contained in any record which could identify an individual and which is compiled at any stage of the process of enforcement of the criminal laws, from the arrest or indictment stage through release from supervision and including the process of extradition or the exercise of executive clemency.
(d)CA Civil Law Code § 1798.40(d) Is maintained for the purpose of an investigation of an individual’s fitness for licensure or public employment, or of a grievance or complaint, or a suspected civil offense, so long as the information is withheld only so as not to compromise the investigation, or a related investigation. The identities of individuals who provided information for the investigation may be withheld pursuant to Section 1798.38.
(e)CA Civil Law Code § 1798.40(e) Would compromise the objectivity or fairness of a competitive examination for appointment or promotion in public service, or to determine fitness for licensure, or to determine scholastic aptitude.
(f)CA Civil Law Code § 1798.40(f) Pertains to the physical or psychological condition of the individual, if the agency determines that disclosure would be detrimental to the individual. The information shall, upon the individual’s written authorization, be disclosed to a licensed medical practitioner or psychologist designated by the individual.
(g)CA Civil Law Code § 1798.40(g) Relates to the settlement of claims for work related illnesses or injuries and is maintained exclusively by the State Compensation Insurance Fund.
(h)CA Civil Law Code § 1798.40(h) Is required by statute to be withheld from the individual to whom it pertains.
This section shall not be construed to deny an individual access to information relating to him or her if access is allowed by another statute or decisional law of this state.

Section § 1798.41

Explanation

This law outlines procedures for how a government agency in California should handle requests for information that it has deemed exempt from public access. If someone requests information considered exempt, the agency must inform them in writing why it’s not disclosed, except in certain cases. Agencies have 30 days to review their decision if the person affected requests it. However, if revealing the information could interfere with catching criminals, prevent a crime, or put someone's life in danger, the agency can ask a court for permission to deny the existence of such records. This court permission is temporary but can be renewed.

(a)CA Civil Law Code § 1798.41(a) Except as provided in subdivision (c), if the agency determines that information requested pursuant to Section 1798.34 is exempt from access, it shall inform the individual in writing of the agency’s finding that disclosure is not required by law.
(b)CA Civil Law Code § 1798.41(b) Except as provided in subdivision (c), each agency shall conduct a review of its determination that particular information is exempt from access pursuant to Section 1798.40, within 30 days from the receipt of a request by an individual directly affected by the determination, and inform the individual in writing of the findings of the review. The review shall be conducted by the head of the agency or an official specifically designated by the head of the agency.
(c)CA Civil Law Code § 1798.41(c) If the agency believes that compliance with subdivision (a) would seriously interfere with attempts to apprehend persons who are wanted for committing a crime or attempts to prevent the commission of a crime or would endanger the life of an informant or other person submitting information contained in the record, it may petition the presiding judge of the superior court of the county in which the record is maintained to issue an ex parte order authorizing the agency to respond to the individual that no record is maintained. All proceedings before the court shall be in camera. If the presiding judge finds that there are reasonable grounds to believe that compliance with subdivision (a) will seriously interfere with attempts to apprehend persons who are wanted for committing a crime or attempts to prevent the commission of a crime or will endanger the life of an informant or other person submitting information contained in the record, the judge shall issue an order authorizing the agency to respond to the individual that no record is maintained by the agency. The order shall not be issued for longer than 30 days but can be renewed at 30-day intervals. If a request pursuant to this section is received after the expiration of the order, the agency must either respond pursuant to subdivision (a) or seek a new order pursuant to this subdivision.

Section § 1798.42

Explanation

This law states that when a government agency shares information from a record with you, they must not reveal any personal details about other people that might be in that record. To follow this rule, the agency should remove or hide any such details before sharing the information. However, this does not mean they can hide the identities of information sources unless specific exceptions apply.

In disclosing information contained in a record to an individual, an agency shall not disclose any personal information relating to another individual which may be contained in the record. To comply with this section, an agency shall, in disclosing information, delete from disclosure such information as may be necessary. This section shall not be construed to authorize withholding the identities of sources except as provided in Sections 1798.38 and 1798.40.

Section § 1798.43

Explanation

This law says that when a government agency shares your personal record with you, they don’t have to include information that’s considered exempt under another rule, specifically Section 1798.40. They are allowed to remove or not share this exempt information when they’re giving you access to your record.

In disclosing information contained in a record to an individual, an agency need not disclose any information pertaining to that individual which is exempt under Section 1798.40. To comply with this section, an agency may, in disclosing personal information contained in a record, delete from the disclosure any exempt information.

Section § 1798.44

Explanation

This section describes that the rights about personal information are specifically for the person the information is about. It doesn't apply to the rights of any outside parties, like people or agencies, wanting to access that information.

This article applies to the rights of an individual to whom personal information pertains and not to the authority or right of any other person, agency, other state governmental entity, or governmental entity to obtain this information.

Section § 1808.1

Explanation

This law explains that if you have a retail installment contract with a seller, the seller can update the contract to include any future purchases you make. This means your total cost and payments might go up if you buy more items or services. Also, the seller can use the items from past purchases as collateral for new purchases until you've finished paying off the original contract.

A retail installment contract, which otherwise conforms to the requirements of this chapter, may contain the provision that the seller may at his option add subsequent purchases made by the buyer to the contract, and that the total price of the goods or services covered by the contract shall be increased by the price of such additional goods or services, and that all finance charges and installment payments may at the seller’s option be increased proportionately, and that all terms and conditions of the contract shall apply equally to such additional goods or services. The contract may also provide that the goods purchased under the previous contract or contracts shall be security for the goods purchased under the subsequent contract but only until such time as the total of payments under the previous contract or contracts is fully paid.

Section § 1808.2

Explanation

This law explains how payments are handled when you buy something on credit and then make another purchase from the same seller. It says that all your earlier payments go toward paying off the first item you bought. For new payments, they are split based on the price of each item at the time of sale. If your payment goes up because of a new purchase, you can choose how much goes to each item. Any down payment on a new item must fully go to that purchase.

The seller must also give you a breakdown before your next payment is due. This includes your and the seller's names and addresses, a description of the goods or services, prices, down payments, insurance, fees, and detailed payment terms, like how much is left to pay and how finance charges are calculated.

When a subsequent purchase is made, the entire amount of all payments made previous thereto shall be deemed to have been applied toward the payment of the previous deferred payment price or deferred payment prices. Each payment thereafter received shall be deemed to be allocated to all of the various deferred payment prices in the same proportion or ratio as the original cash sale prices of the various purchases bear to one another; where the amount of each installment payment is increased in connection with the subsequent purchase, the subsequent payments (at the seller’s election) may be deemed to be allocated as follows: an amount equal to the original payment to the previous deferred payment price, and an amount equal to the increase, to the subsequent deferred payment price. However, the amount of any initial or downpayment on the subsequent purchase shall be deemed to be allocated in its entirety to such purchase.
When a subsequent purchase under this section is made the seller shall deliver to the buyer, prior to the due date of the first installment, a memorandum which shall set forth the following:
(a)CA Civil Law Code § 1808.2(a) The names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the goods and services sufficient to identify them. Services or multiple items of goods may be described in general terms and may be described in detail in a separate writing.
(b)CA Civil Law Code § 1808.2(b) The cash price of the goods, services and accessories which are the subject matter of the new retail installment sale.
(c)CA Civil Law Code § 1808.2(c) The amount of the buyer’s downpayment, itemizing the amounts paid in money and in goods and containing a brief description of the goods, if any, traded in.
(d)CA Civil Law Code § 1808.2(d) The difference between item (b) and item (c) which is the unpaid balance of cash price.
(e)CA Civil Law Code § 1808.2(e) The amount of the existing outstanding balance to be consolidated, which consists of the unpaid time balance or balances of the prior contract or contracts to be consolidated.
(f)CA Civil Law Code § 1808.2(f) The amount of any unearned finance charge, determined by deducting from the amount of item (e) any then unearned finance charge in an amount not less than the refund credit provided for in Article 6 (commencing with Section 1806.1) of this chapter (computed, however, without the allowance of any minimum earned finance charge).
(g)CA Civil Law Code § 1808.2(g) The difference between items (e) and (f), which is the net outstanding balance to be consolidated.
(h)CA Civil Law Code § 1808.2(h) The amount, if any, included for insurance, specifying the coverages.
(i)CA Civil Law Code § 1808.2(i) The amount, if any, of official fees.
(j)CA Civil Law Code § 1808.2(j) The unpaid balance, which is the sum of items (d), (g), (h) and (i).
(k)CA Civil Law Code § 1808.2(k) The finance charge (1) expressed as the annual percentage rate as defined in Regulation Z and (2) expressed in dollars, and computed in conformity with Section 1808.5.
(l)CA Civil Law Code § 1808.2(l) The number, amount, and due dates or periods of payment scheduled to repay the indebtedness and the sum of such payments.
(m)CA Civil Law Code § 1808.2(m) Any “balloon payments” as described in Section 1807.3.
The items need not be stated in the sequence or order set forth above; additional items may be included to explain the computations made in determining the amount to be paid by the buyer. If the finance charge or any portion thereof is calculated on the 365-day basis, the amount of the finance charge shown pursuant to item (k) shall be that amount which will be incurred by the buyer if all payments are received by the seller on their respective due dates.

Section § 1808.3

Explanation

This law section deals with credit sales that are part of a continued agreement where new purchases are added to an existing balance. The seller must give the buyer a detailed written account before the first installment is due. This memo should include key information like the seller and buyer's details, descriptions of goods/services, the cash price, downpayment, finance charges, and payment schedule. Importantly, it requires written customer approval for interest rates and finance charge calculations. If the action involves multiple purchases, the order of payments is specified by purchase date and price. It also specifies that any finance charge calculated on a daily basis must be disclosed for prompt payment scenarios.

If a credit sale is one of a series of transactions made pursuant to an agreement providing for the addition of the amount financed plus the finance charge for the current sale to an existing outstanding balance, and the disclosures required under this article for the initial sale and each subsequent sale are delayed until some date prior to the date the first payment for that particular sale is due; and
(1)CA Civil Law Code § 1808.3(1) The customer has approved in writing both the annual percentage rate or rates and the method of treating any unearned finance charge on an existing outstanding balance in computing the finance charge or charges; and
(2)CA Civil Law Code § 1808.3(2) The seller retains no security interest in any property as to which he has received payments aggregating the amount of the sale price including any finance charges attributable thereto; then, for the purposes of this section, in the case of items purchased on different dates, the first purchased shall be deemed first paid for, and in the case of items purchased on the same date the lowest priced shall be deemed first paid for.
When a credit sale under this section is made, the seller shall deliver to the buyer, prior to the due date of the first installment, a memorandum which shall set forth the following:
(a)CA Civil Law Code § 1808.3(a) The names of the seller and the buyer, the place of business of the seller, the residence or place of business of the buyer as specified by the buyer and a description of the goods and services sufficient to identify them. Services or multiple items of goods may be described in general terms and may be described in detail in a separate writing.
(b)CA Civil Law Code § 1808.3(b) The cash price of the goods, services and accessories which are the subject matter of the new retail installment sale.
(c)CA Civil Law Code § 1808.3(c) The amount of the buyer’s downpayment, itemizing the amounts paid in money and in goods and containing a brief description of the goods, if any, traded in.
(d)CA Civil Law Code § 1808.3(d) The difference between item (b) and item (c), which is the unpaid balance of cash price.
(e)CA Civil Law Code § 1808.3(e) The amount, if any, included for insurance, specifying the coverages.
(f)CA Civil Law Code § 1808.3(f) The amount, if any, of official fees.
(g)CA Civil Law Code § 1808.3(g) The amount financed, which is the sum of items (d), (e) and (f).
(h)CA Civil Law Code § 1808.3(h) The amount of the finance charge (1) expressed as the annual percentage rate as defined in Regulation Z and (2) expressed in dollars, which is to be computed in accordance with this chapter.
(i)CA Civil Law Code § 1808.3(i) The deferred payment price, which is the sum of the amounts determined under items (b), (e), (f) and (h).
(j)CA Civil Law Code § 1808.3(j) The previous balance, which is the amount owing on prior purchases.
(k)CA Civil Law Code § 1808.3(k) The number, amount, and due dates or periods of payments scheduled to repay the indebtedness and the sum of such payments.
(l)CA Civil Law Code § 1808.3(l) Any “balloon payments,” as described in Section 1807.3.
The items need not be stated in the sequence or order set forth above; additional items may be included to explain the computations made in determining the amount to be paid by the buyer. If the finance charge or any portion thereof is calculated on the 365-day basis, the amount of the finance charge shown pursuant to item (h) shall be that amount which will be incurred by the buyer if all payments are received by the seller on their respective due dates.

Section § 1808.4

Explanation

This law says that if a buyer makes an additional purchase from a seller, they only have to pay the full cash price for that item until they receive certain paperwork from the seller, known as a memorandum.

Until the seller delivers to the buyer the memorandum as provided in Sections 1808.2 and 1808.3, the buyer shall be obligated to pay only the cash price of the subsequent purchase.

Section § 1808.5

Explanation

This law section explains how to calculate the finance charge on a consolidated loan payment. Basically, it tells us that you apply the appropriate finance charge rate to what's left of the unpaid balance for the entire time until the last payment is due. This is all done according to other specific rules starting from Section 1805.1.

Subject to the other provisions of Article 5 (commencing with Section 1805.1), the finance charge to be included in a consolidated total of payments under subdivision (