Online Privacy For Reproductive Health Services Providers, Employees, Volunteers, And Patients - - CA Government

Section § 6218

This law states that a person, business, or association cannot knowingly share or spread personal information or images of reproductive health care patients, providers, or their assistants online with harmful intentions. It includes wanting to incite violence or cause reasonable fear for safety. If someone's information is shared this way, they can sue for legal actions or money damages, with potential awards up to three times the actual damages, and no less than $4,000.

If the affected person has formally requested in writing for their information not to be made public and this request is ignored, they can seek legal remedies, such as injunctions, and the violator might have to pay for legal fees.

The law also bans soliciting, selling, or trading this information with the intent to incite harm or cause fear. Internet services aren’t liable unless they intentionally aim to harm. Lastly, the law doesn't prevent further legal actions under other laws.

(a)

(1) A person, business, or association shall not knowingly publicly post or publicly display, disclose, or distribute on internet websites or social media, the personal information or image of any reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address with the intent to do either of the following:

(A) Incite a third person to cause imminent great bodily harm to the reproductive health care services patient, provider, or assistant identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm.

(B) Threaten the reproductive health care services patient, provider, or assistant, identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety.

(2) A reproductive health care services patient, provider, or assistant whose personal information or image is made public as a result of a violation of paragraph (1), or any individual entity or organization authorized to act on their behalf, may do either or both of the following:

(A) Bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees.

(B) Bring an action for money damages in any court of competent jurisdiction. In addition to any other legal rights or remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000).

(b)

(1) A person, business, or association shall not publicly post or publicly display, disclose, or distribute, on internet websites or social media, the personal information or image of a reproductive health care services patient, provider, or assistant if that individual, or any individual, entity, or organization authorized to act on their behalf, has made a written demand of that person, business, or association to not disclose the personal information or image. A written demand made under this paragraph shall include a statement declaring that the individual is subject to the protection of this section and describing a reasonable fear for the safety of that individual or of any person residing at the individual’s home address, based on a violation of subdivision (a). A demand made under this paragraph shall be effective for four years, regardless of whether or not the individual’s affiliation with a reproductive health services facility has expired prior to the end of the four-year period.

(2) A reproductive health care services patient, provider, or assistant whose personal information or image is made public as a result of a failure to honor a demand made pursuant to paragraph (1), or any individual, entity, or organization authorized to act on their behalf, may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the successful plaintiff court costs and reasonable attorney’s fees.

(3) This subdivision does not apply to a person or entity defined in Section 1070 of the Evidence Code.

(c)

(1) A person, business, or association shall not solicit, sell, or trade on the internet or social media the personal information or image of a reproductive health care services patient, provider, or assistant with the intent to do either of the following:

(A) Incite a third person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, where the third person is likely to commit this harm.

(B) Threaten the person identified in the posting or display, or a coresident of that person, in a manner that places the person identified or the coresident in objectively reasonable fear for their personal safety.

(2) A reproductive health care services patient, provider, or assistant whose personal information or image is solicited, sold, or traded in violation of paragraph (1), or any individual, entity, or organization authorized to act on their behalf, may bring an action in any court of competent jurisdiction. In addition to any other legal rights and remedies, if a jury or court finds that a violation has occurred, it shall award damages to that individual in an amount up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000).

(d) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause bodily harm that is likely to occur or threatens to cause bodily harm to a reproductive health care services patient, provider, or assistant, or any person residing at the same home address.

(e) This section does not preclude punishment under any other provision of law.

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(Amended by Stats. 2021, Ch. 191, Sec. 2. (AB 1356) Effective January 1, 2022.)

Section § 6218.01

This law makes it illegal to share personal information or images online with the intent to incite violence or threats against reproductive health care patients, providers, or their household members. If found guilty, you could face a fine of up to $10,000 and a year in jail. If the illegal posting results in bodily injury, the crime escalates to a felony, with penalties up to a $50,000 fine and imprisonment. This law doesn't prevent prosecution under other laws.

(a)

(1) A person shall not post on the internet or social media, with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against a reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address, the personal information or image of a reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address.

(2) A violation of this subdivision is punishable by a fine of up to ten thousand dollars ($10,000) per violation, imprisonment of either up to one year in a county jail or pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment.

(3) A violation of this subdivision that leads to the bodily injury of a reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address, is a felony punishable by a fine of up to fifty thousand dollars ($50,000), imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment.

(b) Nothing in this section shall preclude prosecution under any other provision of law.

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(Amended by Stats. 2024, Ch. 821, Sec. 1. (AB 2099) Effective January 1, 2025.)

Section § 6218.05

This law section provides definitions for terms related to reproductive health care services. It defines 'reproductive health care services' as those related to pregnancy termination provided in specific facilities. It also explains who is considered a patient, provider, or assistant involved in these services, including anyone assisting or running a facility. The law outlines what constitutes a reproductive health care services facility, such as hospitals and clinics. 'Publicly post' means sharing information openly with the public, and 'image' covers any visual identification like photos or videos. 'Personal information' includes identifiable details about patients, providers, or assistants. Lastly, 'social media' encompasses platforms and services for sharing electronic content.

For purposes of this chapter, the following definitions apply:

(a) “Reproductive health care services” means health care services relating to the termination of a pregnancy in a reproductive health care services facility.

(b) “Reproductive health care services patient, provider, or assistant” means a person or entity, including, but not limited to, employees, staff, volunteers, and third-party vendors, that is or was involved in obtaining, seeking to obtain, providing, seeking to provide, or assisting or seeking to assist another person, at that person’s request, to obtain or provide any services in a reproductive health care services facility, or a person or entity that is or was involved in owning or operating or seeking to own or operate a reproductive health care services facility.

(c) “Reproductive health care services facility” includes a hospital, clinic, physician’s office, or other facility that provides or seeks to provide reproductive health care services and includes the building or structure in which the facility is located.

(d) “Publicly post” or “publicly display” means to intentionally communicate or otherwise make available to the general public.

(e) “Image” includes, but is not limited to, a photograph, video footage, sketch, or computer-generated image that provides a means to visually identify the person depicted.

(f) “Personal information” means information that identifies, relates to, describes, or is capable of being associated with a reproductive health care services patient, provider, or assistant, including, but not limited to, their name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, license plate number, employment, employment history, and financial information.

(g) “Social media” means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or internet website profiles or locations.

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(Amended by Stats. 2021, Ch. 191, Sec. 4. (AB 1356) Effective January 1, 2022.)