Section § 1798.99

Explanation

This law prevents individuals or businesses from collecting, using, sharing, selling, or keeping personal information of people who are at or near a family planning center, with a location accuracy of about 1,850 feet. Exceptions apply if the information is necessary for providing requested services or goods. People or businesses can face lawsuits if they break this rule, with potential penalties including triple damages and legal fees. Health care providers and plans are not covered by this law.

(a)CA Civil Law Code § 1798.99(a) A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (c).
(b)CA Civil Law Code § 1798.99(b) For purposes of this section, the following definitions apply:
(1)CA Civil Law Code § 1798.99(b)(1) “Business” means the same as defined in subdivision (c) of Section 1798.140.
(2)CA Civil Law Code § 1798.99(b)(2) “Collect” means the same as defined in subdivision (f) of Section 1798.140.
(3)CA Civil Law Code § 1798.99(b)(3) “Family planning center” means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code.
(4)CA Civil Law Code § 1798.99(b)(4) “Personal information” has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.
(5)CA Civil Law Code § 1798.99(b)(5) “Precise geolocation” means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person.
(6)CA Civil Law Code § 1798.99(b)(6) “Sell” means the same as defined in subdivision (ad) of Section 1798.140.
(7)CA Civil Law Code § 1798.99(b)(7) “Share” means the same as defined in subdivision (ah) of Section 1798.140.
(c)CA Civil Law Code § 1798.99(c) A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
(d)Copy CA Civil Law Code § 1798.99(d)
(1)Copy CA Civil Law Code § 1798.99(d)(1) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation.
(2)CA Civil Law Code § 1798.99(d)(2) If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the litigation.
(e)CA Civil Law Code § 1798.99(e) This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.