(a)Copy CA Civil Law Code § 1798.90(a)
(1)Copy CA Civil Law Code § 1798.90(a)(1) A business may scan or swipe a driver’s license or identification card issued by the Department of Motor Vehicles in any electronic device for the following purposes:
(A)CA Civil Law Code § 1798.90(a)(1)(A) To verify age or the authenticity of the driver’s license or identification card.
(B)CA Civil Law Code § 1798.90(a)(1)(B) To comply with a legal requirement to record, retain, or transmit that information.
(C)CA Civil Law Code § 1798.90(a)(1)(C) To transmit information to a check service company for the purpose of approving negotiable instruments, electronic funds transfers, or similar methods of payments, provided that only the name and identification number from the license or the card may be used or retained by the check service company.
(D)CA Civil Law Code § 1798.90(a)(1)(D) To collect or disclose personal information that is required for reporting, investigating, or preventing fraud, abuse, or material misrepresentation.
(2)Copy CA Civil Law Code § 1798.90(a)(2)
(A)Copy CA Civil Law Code § 1798.90(a)(2)(A) An organ procurement organization may scan or swipe a driver’s license or identification card issued by the Department of Motor Vehicles in any electronic device to transmit information to the Donate Life California Organ and Tissue Donor
Registry established pursuant to Section 7150.90 of the Health and Safety Code for the purposes of allowing an individual to identify himself or herself as a registered organ donor. Information gathered or transmitted pursuant to this paragraph shall comply with the Department of Motor Vehicles Information Security Agreement.
(B)CA Civil Law Code § 1798.90(a)(2)(A)(B) Prior to scanning or swiping a driver’s license or identification card issued by the Department of Motor Vehicles, an organ procurement organization shall provide clear and conspicuous notice to the applicant and shall follow the procedure prescribed in this subparagraph:
(i)CA Civil Law Code § 1798.90(a)(2)(A)(B)(i) Once the applicant’s information is populated on the electronic form, the applicant shall verify that the information is accurate and shall click “submit” after reading a clear and conspicuous consent message, which shall not be combined with or contained within another message,
acknowledging that the applicant’s information will be used for the sole purpose of being added to the registry.
(ii)CA Civil Law Code § 1798.90(a)(2)(A)(B)(ii) The applicant shall provide his or her signature to complete registration.
(iii)CA Civil Law Code § 1798.90(a)(2)(A)(B)(iii) The organization or registry system shall provide a written confirmation to the applicant confirming that he or she is signed up as an organ and tissue donor.
(3)CA Civil Law Code § 1798.90(a)(3) A business or organ procurement organization shall not retain or use any of the information obtained by that electronic means for any purpose other than as provided herein.
(b)CA Civil Law Code § 1798.90(b) As used in this section:
(1)CA Civil Law Code § 1798.90(b)(1) “Business” means a proprietorship, partnership, corporation, or any other form of commercial enterprise.
(2)CA Civil Law Code § 1798.90(b)(2) “Organ procurement organization” means a person designated by the Secretary of the federal Department of Health and Human Services as an organ procurement organization.
(c)CA Civil Law Code § 1798.90(c) A violation of this section constitutes a misdemeanor punishable by imprisonment in a county jail for no more than one year, or by a fine of no more than ten thousand dollars ($10,000), or by both.
