Section § 1798.3

Explanation

This section of the California Civil Code defines specific terms that are important when discussing personal information managed by agencies. "Personal information" refers to data identifying or describing someone, like their name, address, or social security number. The term "agency" includes state entities, but excludes the California Legislature, certain judicial agencies, and local agencies among others. "Disclose" means to share or communicate information, while "maintain" involves managing or using data. The section defines various terms including "individual," "record," "system of records," and "commercial purpose," clarifying the entities involved and the scope of activities when handling personal information.

As used in this chapter:
(a)CA Civil Law Code § 1798.3(a) The term “personal information” means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, the individual’s name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.
(b)CA Civil Law Code § 1798.3(b) The term “agency” means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:
(1)CA Civil Law Code § 1798.3(b)(1) The California Legislature.
(2)CA Civil Law Code § 1798.3(b)(2) Any agency established under Article VI of the California Constitution.
(3)CA Civil Law Code § 1798.3(b)(3) The State Compensation Insurance Fund, except as to any records that contain personal information about the employees of the State Compensation Insurance Fund.
(4)CA Civil Law Code § 1798.3(b)(4) A local agency, as defined in Section 7920.510 of the Government Code.
(c)CA Civil Law Code § 1798.3(c) The term “disclose” means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.
(d)CA Civil Law Code § 1798.3(d) The term “individual” means a natural person.
(e)CA Civil Law Code § 1798.3(e) The term “maintain” includes maintain, acquire, use, or disclose.
(f)CA Civil Law Code § 1798.3(f) The term “person” means any natural person, corporation, partnership, limited liability company, firm, or association.
(g)CA Civil Law Code § 1798.3(g) The term “record” means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual’s name, photograph, finger or voice print, or a number or symbol assigned to the individual.
(h)CA Civil Law Code § 1798.3(h) The term “system of records” means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual.
(i)CA Civil Law Code § 1798.3(i) The term “governmental entity,” except as used in Section 1798.26, means any branch of the federal government or of the local government.
(j)CA Civil Law Code § 1798.3(j) The term “commercial purpose” means any purpose that has financial gain as a major objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.
(k)CA Civil Law Code § 1798.3(k) The term “regulatory agency” means the Department of Financial Protection and Innovation, the Department of Insurance, the Bureau of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.