Obligations Arising From Particular TransactionsDomestic Violence, Sexual Assault, and Stalking: Personal Information 1798.79.8-1798.79.95

Section § 1798.79

Explanation

This section defines key terms used in the context of protecting personal information. It explains what qualifies as a 'person or entity,' which can be individuals, businesses, or agencies. 'Personally identifying information' includes things like your name, address, email, phone number, social security number, and more specific data that, when combined, can identify you. It also clarifies that 'victim service providers' are organizations helping victims of violence and abuse, offering services such as shelters or counseling, usually at reduced or no cost.

For purposes of this title:
(a)CA Civil Law Code § 1798.79(a) “Person or entity” means any individual, corporation, partnership, joint venture, or any business entity, or any state or local agency.
(b)CA Civil Law Code § 1798.79(b) “Personally identifying information” means:
(1)CA Civil Law Code § 1798.79(b)(1) First and last name or last name only.
(2)CA Civil Law Code § 1798.79(b)(2) Home or other physical address, including, but not limited to, a street name or ZIP Code, other than an address obtained pursuant to the California Safe At Home program or a business mailing address for the victim service provider.
(3)CA Civil Law Code § 1798.79(b)(3) Electronic mail address or other online contact information, such as an instant messaging user identifier or a screen name that reveals an individual’s electronic mail address.
(4)CA Civil Law Code § 1798.79(b)(4) Telephone number, other than a business telephone number for the victim service provider.
(5)CA Civil Law Code § 1798.79(b)(5) Social security number.
(6)CA Civil Law Code § 1798.79(b)(6) Date of birth, with the exception of the year of birth.
(7)CA Civil Law Code § 1798.79(b)(7) Internet protocol address or host name that identifies an individual.
(8)CA Civil Law Code § 1798.79(b)(8) Any other information, including, but not limited to, the first and last names of children and relatives, racial or ethnic background, or religious affiliation, that, in combination with any other nonpersonally identifying information, would serve to identify any individual.
(c)CA Civil Law Code § 1798.79(c) “Victim service provider” means a nongovernmental organization or entity that provides shelter, programs, or services at low cost, no cost, or on a sliding scale to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, either directly or through other contractual arrangements, including rape crisis centers, domestic violence shelters, domestic violence transitional housing programs, and other programs with the primary mission to provide services to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, whether or not that program exists in an agency that provides additional services.
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Section § 1798.79

Explanation

This law prohibits anyone involved in giving out grants, contracts, or financial aid related to helping victims of domestic violence, dating violence, sexual assault, or stalking from requiring service providers to give out personal information about the victims they support or intend to support. It also forbids the requirement of using computer systems that demand such personal details. However, collecting anonymous statistical information for administrative purposes is allowed as long as it doesn’t identify individuals.

(a)CA Civil Law Code § 1798.79(a) In the course of awarding grants, including, but not limited to, requests for proposals, contracts, or billing procedures, implementing programs, or providing financial support or assistance for the purpose of providing shelter, programs, or services at low cost, no cost, or on a sliding scale to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, to any victim service provider, it is unlawful for any person or entity to request or require that victim service provider to provide personally identifying information regarding any of the persons to whom it is providing services, it has provided services, or it has considered or is considering providing services.
(b)CA Civil Law Code § 1798.79(b) In the course of awarding grants, including, but not limited to, requests for proposals, contracts, or billing procedures, implementing programs, or providing financial support or assistance for the purpose of providing shelter, programs, or services at low cost, no cost, or on a sliding scale to victims of domestic violence, dating violence, sexual assault, or stalking, or their children, to any victim service provider, it is unlawful for any person or entity to request or require that victim service provider to use any computer software, computer program, computer protocol, or other computer system that requires the disclosure of personally identifying information regarding any of the persons to whom it is providing services, it has provided services, or it has considered or is considering providing services.
(c)CA Civil Law Code § 1798.79(c) Nothing in this section is intended to prevent the collection of information for statistical purposes that are necessary for the proper administration of the grant, program, or financial assistance, provided that collection does not require the disclosure of information that would serve to identify any specific individual.
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Section § 1798.79

Explanation

If a victim service provider is harmed because someone violated this law, they can ask a court to order the person to stop. If the provider wins and gave notice to the violator, they can also get back their court costs and reasonable lawyer's fees, but only if the violator didn't stop within five business days after being warned.

Injunctive relief shall be available to any victim service provider aggrieved by a violation of this title. The prevailing plaintiff in any action commenced under this section shall be entitled to recover court costs and reasonable attorney’s fees if the victim service provider has provided notice of this section and the asserted violation of this section to the defendant and the defendant has failed to cease the violation within five business days of receiving that notice.
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