Section § 630

Explanation

This law underscores the concern that new devices and techniques for eavesdropping on private conversations are a threat to personal freedoms due to the invasion of privacy they could cause. The intention is to protect people's privacy rights while acknowledging that law enforcement agencies need to use these technologies to investigate crimes. However, the law does not aim to impose additional restrictions on law enforcement use of listening devices beyond what was already in place before this law was enacted.

The Legislature hereby declares that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increasing use of such devices and techniques has created a serious threat to the free exercise of personal liberties and cannot be tolerated in a free and civilized society.
The Legislature by this chapter intends to protect the right of privacy of the people of this state.
The Legislature recognizes that law enforcement agencies have a legitimate need to employ modern listening devices and techniques in the investigation of criminal conduct and the apprehension of lawbreakers. Therefore, it is not the intent of the Legislature to place greater restraints on the use of listening devices and techniques by law enforcement agencies than existed prior to the effective date of this chapter.

Section § 631

Explanation

This law makes it illegal for anyone to intentionally intercept or tap into phone lines or electronic communications without permission. If you do this, or help someone else do it, you could get fined up to $2,500 or face jail time of up to one year. If you're a repeat offender, fines go up to $10,000. However, official communication services and certain internal systems are exceptions to this rule. Illegally obtained information can't be used as evidence, except in cases related to violations of this law.

(a)CA Penal Law Code § 631(a) Any person who, by means of any machine, instrument, or contrivance, or in any other manner, intentionally taps, or makes any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any telegraph or telephone wire, line, cable, or instrument, including the wire, line, cable, or instrument of any internal telephonic communication system, or who willfully and without the consent of all parties to the communication, or in any unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any wire, line, or cable, or is being sent from, or received at any place within this state; or who uses, or attempts to use, in any manner, or for any purpose, or to communicate in any way, any information so obtained, or who aids, agrees with, employs, or conspires with any person or persons to unlawfully do, or permit, or cause to be done any of the acts or things mentioned above in this section, is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment in the county jail or pursuant to subdivision (h) of Section 1170. If the person has previously been convicted of a violation of this section or Section 632, 632.5, 632.6, 632.7, or 636, the offense is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.
(b)CA Penal Law Code § 631(b) This section shall not apply to any of the following:
(1)CA Penal Law Code § 631(b)(1) Any public utility, or telephone company, engaged in the business of providing communications services and facilities, or to the officers, employees or agents thereof, where the acts otherwise prohibited herein are for the purpose of construction, maintenance, conduct or operation of the services and facilities of the public utility or telephone company.
(2)CA Penal Law Code § 631(b)(2) The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility.
(3)CA Penal Law Code § 631(b)(3) Any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.
(c)CA Penal Law Code § 631(c) For purposes of this section, “telephone company” is defined in paragraph (3) of subdivision (c) of Section 638.
(d)CA Penal Law Code § 631(d) Except as proof in an action or prosecution for violation of this section, no evidence obtained in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding.

Section § 632

Explanation

This California law makes it illegal to secretly record or listen to private conversations using electronic devices without getting consent from everyone involved. If caught, you can be fined up to $2,500 or face up to one year in jail, or both. If you've broken this law before, the fines and penalties are higher, up to $10,000. A 'confidential communication' is any conversation expected to remain private unless it's in a public place or event where one might expect to be overheard. Evidence from illegal recordings can't be used in court, except to prove you've broken this law. There are exceptions for public utilities and specific communication systems, and for those using hearing aids.

(a)CA Penal Law Code § 632(a) A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.
(b)CA Penal Law Code § 632(b) For the purposes of this section, “person” means an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication.
(c)CA Penal Law Code § 632(c) For the purposes of this section, “confidential communication” means any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive, or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.
(d)CA Penal Law Code § 632(d) Except as proof in an action or prosecution for violation of this section, evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section is not admissible in any judicial, administrative, legislative, or other proceeding.
(e)CA Penal Law Code § 632(e) This section does not apply (1) to any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, if the acts otherwise prohibited by this section are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility, (2) to the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or (3) to any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.
(f)CA Penal Law Code § 632(f) This section does not apply to the use of hearing aids and similar devices, by persons afflicted with impaired hearing, for the purpose of overcoming the impairment to permit the hearing of sounds ordinarily audible to the human ear.

Section § 632.01

Explanation

This law says that if someone illegally shares a private conversation with a healthcare provider, they can face serious penalties. If they spread this information over the internet or social media, they may be fined up to $2,500 per violation, face jail time, or both. Repeat offenders can be fined up to $10,000.

The term 'healthcare provider' covers a wide range, including doctors, nurses, clinics, and their staff. Certain exceptions exist if the communication is part of legal actions or emergencies, like if a law officer needs to intervene in a dangerous situation. Without these exceptions, sharing such information remains a punishable offense.

(a)Copy CA Penal Law Code § 632.01(a)
(1)Copy CA Penal Law Code § 632.01(a)(1) A person who violates subdivision (a) of Section 632 shall be punished pursuant to subdivision (b) if the person intentionally discloses or distributes, in any manner, in any forum, including, but not limited to, Internet Web sites and social media, or for any purpose, the contents of a confidential communication with a health care provider that is obtained by that person in violation of subdivision (a) of Section 632. For purposes of this subdivision, “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 Web site profiles or locations.
(2)CA Penal Law Code § 632.01(a)(2) Notwithstanding any other provision of law, to aid and abet a violation of paragraph (1), for the purposes of Section 31, the person shall either violate, or aid and abet in a violation of, both Section 632 and paragraph (1).
(b)CA Penal Law Code § 632.01(b) A violation of subdivision (a) shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.
(c)CA Penal Law Code § 632.01(c) For purposes of this section, “health care provider” means any of the following:
(1)CA Penal Law Code § 632.01(c)(1) A person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code.
(2)CA Penal Law Code § 632.01(c)(2) A person licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act.
(3)CA Penal Law Code § 632.01(c)(3) A person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
(4)CA Penal Law Code § 632.01(c)(4) A clinic, health dispensary, or health facility licensed or exempt from licensure pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code.
(5)CA Penal Law Code § 632.01(c)(5) An employee, volunteer, or contracted agent of any group practice prepayment health care service plan regulated pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code).
(6)CA Penal Law Code § 632.01(c)(6) An employee, volunteer, independent contractor, or professional student of a clinic, health dispensary, or health care facility or health care provider described in this subdivision.
(7)CA Penal Law Code § 632.01(c)(7) A professional organization that represents any of the other health care providers described in this subdivision.
(d)Copy CA Penal Law Code § 632.01(d)
(1)Copy CA Penal Law Code § 632.01(d)(1) Subdivision (a) does not apply to the disclosure or distribution of a confidential communication pursuant to any of the following:
(A)CA Penal Law Code § 632.01(d)(1)(A) Any party as described in Section 633 acting within the scope of his or her authority overhearing or recording a confidential communication that he or she may lawfully overhear or record pursuant to that section.
(B)CA Penal Law Code § 632.01(d)(1)(B) Any party as described in Section 633.02 overhearing or recording a confidential communication related to sexual assault or other sexual offense that he or she may lawfully overhear or record pursuant to that section, or using or operating a body-worn camera as authorized pursuant to that section.
(C)CA Penal Law Code § 632.01(d)(1)(C) A city attorney as described in Section 633.05 overhearing or recording any communication that he or she may lawfully overhear or record pursuant to that section.
(D)CA Penal Law Code § 632.01(d)(1)(D) An airport law enforcement officer recording a communication received on an incoming telephone line pursuant to Section 633.1.
(E)CA Penal Law Code § 632.01(d)(1)(E) A party to a confidential communication recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of a crime as specified in Section 633.5.
(F)CA Penal Law Code § 632.01(d)(1)(F) A victim of domestic violence recording a prohibited communication made to him or her by the perpetrator pursuant to Section 633.6.
(G)CA Penal Law Code § 632.01(d)(1)(G) A peace officer using electronic amplifying or recording devices to eavesdrop on and record the otherwise confidential oral communications of individuals within a location when responding to an emergency situation that involves the taking of a hostage or the barricading of a location pursuant to Section 633.8.
(2)CA Penal Law Code § 632.01(d)(2) This section does not affect the admissibility of any evidence that would otherwise be admissible pursuant to the authority of any section specified in paragraph (1).

Section § 632.5

Explanation

This law makes it illegal to intercept or help intercept phone calls between cell phones or between a cell phone and a landline without everyone's consent. If caught, a person can be fined up to $2,500 and face jail time, with harsher penalties for repeat offenders, including a fine up to $10,000. However, this rule doesn't apply to public utilities doing maintenance or operations, those using equipment as per tariffs, or communications within correctional facilities. Here, 'cellular radio telephone' refers to wireless phones approved by the FCC for cellular use.

(a)CA Penal Law Code § 632.5(a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment. If the person has been previously convicted of a violation of this section or Section 631, 632, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment.
(b)CA Penal Law Code § 632.5(b) In the following instances, this section shall not apply:
(1)CA Penal Law Code § 632.5(b)(1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.
(2)CA Penal Law Code § 632.5(b)(2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.
(3)CA Penal Law Code § 632.5(b)(3) To any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.
(c)CA Penal Law Code § 632.5(c) As used in this section and Section 635, “cellular radio telephone” means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.

Section § 632.6

Explanation

This law makes it illegal for anyone to secretly listen to or capture calls made between cordless phones, a cordless phone and a landline, or a cordless phone and a cell phone, unless all parties agree to it. If caught doing this, a person could face a fine of up to $2,500 and/or up to a year in jail. Repeat offenders could face a fine up to $10,000 and similar jail time.

However, there are exceptions: public utilities can intercept communications if it's for building or maintaining their service. The law also doesn't apply to equipment used per utility tariffs or communication systems inside correctional facilities. Lastly, a cordless phone is defined as a specific type of phone with a base and a handset connected wirelessly.

(a)CA Penal Law Code § 632.6(a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cordless telephones as defined in subdivision (c), between any cordless telephone and a landline telephone, or between a cordless telephone and a cellular telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has been convicted previously of a violation of Section 631, 632, 632.5, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.
(b)CA Penal Law Code § 632.6(b) This section shall not apply in any of the following instances:
(1)CA Penal Law Code § 632.6(b)(1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.
(2)CA Penal Law Code § 632.6(b)(2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.
(3)CA Penal Law Code § 632.6(b)(3) To any telephonic communications system used for communication exclusively within a state, county, city and county, or city correctional facility.
(c)CA Penal Law Code § 632.6(c) As used in this section and in Section 635, “cordless telephone” means a two-way low power communication system consisting of two parts—a “base” unit which connects to the public switched telephone network and a handset or “remote” unit—which are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.

Section § 632.7

Explanation

This law makes it illegal to listen in on or record phone calls between two cellular phones, a cellular and landline phone, or any combination involving cordless phones, without everyone's consent. Breaking this rule can lead to fines up to $2,500 and possible jail time, with harsher penalties for repeat offenders. There are exceptions, like for phone companies doing maintenance or operations, or for communications within prisons. Important terms include 'cellular radio telephone' and 'cordless telephone,' which are defined based on specific technical criteria.

(a)CA Penal Law Code § 632.7(a) Every person who, without the consent of all of the parties to a communication, intercepts or receives and intentionally records, or assists in the interception or reception and intentional recordation of, a communication transmitted between two cellular radio telephones, a cellular radio telephone and a landline telephone, two cordless telephones, a cordless telephone and a landline telephone, or a cordless telephone and a cellular radio telephone, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has been convicted previously of a violation of this section or of Section 631, 632, 632.5, 632.6, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.
(b)CA Penal Law Code § 632.7(b) This section shall not apply to any of the following:
(1)CA Penal Law Code § 632.7(b)(1) Any public utility, or telephone company, engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility or telephone company.
(2)CA Penal Law Code § 632.7(b)(2) The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.
(3)CA Penal Law Code § 632.7(b)(3) Any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.
(c)CA Penal Law Code § 632.7(c) For purposes of this section, “telephone company” is defined in paragraph (3) of subdivision (c) of Section 638.
(d)CA Penal Law Code § 632.7(d) As used in this section, each of the following terms have the following meaning:
(1)CA Penal Law Code § 632.7(d)(1) “Cellular radio telephone” means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.
(2)CA Penal Law Code § 632.7(d)(2) “Cordless telephone” means a two-way, low power communication system consisting of two parts, a “base” unit which connects to the public switched telephone network and a handset or “remote” unit, that are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.
(3)CA Penal Law Code § 632.7(d)(3) “Communication” includes, but is not limited to, communications transmitted by voice, data, or image, including facsimile.

Section § 633

Explanation

This law states that certain law enforcement officials, including the Attorney General, district attorneys, and police officers, can record or listen to communications as they could before January 1, 1968, without legal restriction. Additionally, any evidence they collected in this way prior to that date remains valid in court.

(a)CA Penal Law Code § 633(a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits the Attorney General, any district attorney, or any assistant, deputy, or investigator of the Attorney General or any district attorney, any officer of the California Highway Patrol, any peace officer of the Office of Internal Affairs of the Department of Corrections and Rehabilitation, any chief of police, assistant chief of police, or police officer of a city or city and county, any sheriff, undersheriff, or deputy sheriff regularly employed and paid in that capacity by a county, police officer of the County of Los Angeles, or any person acting pursuant to the direction of one of these law enforcement officers acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record prior to January 1, 1968.
(b)CA Penal Law Code § 633(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by the above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record prior to January 1, 1968.

Section § 633.1

Explanation

This law allows airport law enforcement officers to record phone calls made to publicly known law enforcement numbers at airports, provided that the caller is notified the conversation is being recorded through electronic tones. It ensures that such recordings are admissible as evidence in legal proceedings. The rule applies specifically to officers at airports with regular international flights and U.S. Customs facilities.

(a)CA Penal Law Code § 633.1(a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits any person regularly employed as an airport law enforcement officer, as described in subdivision (d) of Section 830.33, acting within the scope of his or her authority, from recording any communication which is received on an incoming telephone line, for which the person initiating the call utilized a telephone number known to the public to be a means of contacting airport law enforcement officers. In order for a telephone call to be recorded under this subdivision, a series of electronic tones shall be used, placing the caller on notice that his or her telephone call is being recorded.
(b)CA Penal Law Code § 633.1(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by an officer described in subdivision (a) if the evidence was received by means of recording any communication which is received on an incoming public telephone line, for which the person initiating the call utilized a telephone number known to the public to be a means of contacting airport law enforcement officers.
(c)CA Penal Law Code § 633.1(c) This section shall only apply to airport law enforcement officers who are employed at an airport which maintains regularly scheduled international airport service and which maintains permanent facilities of the United States Customs Service.

Section § 633.02

Explanation

This law allows police officers at universities and colleges, who are certified under POST, to legally overhear or record communications they could have lawfully intercepted before 1968 during investigations of sexual assaults or related crimes. It also permits these officers to use body cameras without being restricted by certain other sections of the law. Importantly, this law does not interfere with existing rights like freedom of speech, assembly, or privacy rights.

(a)CA Penal Law Code § 633.02(a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits any POST-certified chief of police, assistant chief of police, or police officer of a university or college campus acting within the scope of his or her authority, from overhearing or recording any communication that he or she could lawfully overhear or record prior to January 1, 1968, in any criminal investigation related to sexual assault or other sexual offense.
(b)CA Penal Law Code § 633.02(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 shall prohibit any POST-certified chief of police, assistant chief of police, or police officer of a university or college campus from using or operating body-worn cameras.
(c)CA Penal Law Code § 633.02(c) This section shall not be construed to affect Section 633.
(d)CA Penal Law Code § 633.02(d) This section shall not be used to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly, or the constitutionally protected right of personal privacy.

Section § 633.05

Explanation

This law says that city attorneys, or those acting under their instructions, can legally listen to or record communications if they are allowed to do so under the law. This also means that any evidence collected in this way is valid and can be used in court.

(a)CA Penal Law Code § 633.05(a) Nothing in Section 632, 632.5, 632.6, or 632.7 prohibits a city attorney acting under authority of Section 41803.5 of the Government Code, provided that authority is granted prior to January 1, 2012, or any person acting pursuant to the direction of one of those city attorneys acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record.
(b)CA Penal Law Code § 633.05(b) Nothing in Section 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by the above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record.

Section § 633.5

Explanation

This law allows a person involved in a private conversation to record it if they believe it will capture evidence of serious crimes such as extortion, kidnapping, bribery, violent felonies like human trafficking, or domestic violence. Such recordings can be used as evidence in court for prosecuting these crimes.

Sections 631, 632, 632.5, 632.6, and 632.7 do not prohibit one party to a confidential communication from recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 236.1, or a violation of Section 653m, or domestic violence as defined in Section 13700. Sections 631, 632, 632.5, 632.6, and 632.7 do not render any evidence so obtained inadmissible in a prosecution for extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 236.1, a violation of Section 653m, or domestic violence as defined in Section 13700, or any crime in connection therewith.

Section § 633.6

Explanation

This law allows victims of domestic violence to legally record communications from their abuser if they are seeking a restraining order. A judge can include permission to record such communications in the restraining order. This recording can be used in court as evidence if the victim believes it will support their case. Additionally, the Judicial Council must update their forms to include this provision.

(a)CA Penal Law Code § 633.6(a) Notwithstanding the provisions of this chapter, and in accordance with federal law, upon the request of a victim of domestic violence who is seeking a domestic violence restraining order, a judge issuing the order may include a provision in the order that permits the victim to record any prohibited communication made to him or her by the perpetrator.
(b)CA Penal Law Code § 633.6(b) Notwithstanding the provisions of this chapter, and in accordance with federal law, a victim of domestic violence who is seeking a domestic violence restraining order from a court, and who reasonably believes that a confidential communication made to him or her by the perpetrator may contain evidence germane to that restraining order, may record that communication for the exclusive purpose and use of providing that evidence to the court.
(c)CA Penal Law Code § 633.6(c) The Judicial Council shall amend its domestic violence prevention application and order forms to incorporate the provisions of this section.

Section § 633.8

Explanation

This law allows certain police officers to use audio devices to listen to and record private conversations during emergencies like hostage or barricade situations. Officers can do this if they believe someone is in immediate danger, need to act quickly, and could normally get a legal order to eavesdrop. Only specially designated officers, chosen by a district attorney or the Attorney General, can authorize these actions. If eavesdropping happens, officers must apply for court approval within 48 hours. The conversations must be recorded properly to prevent tampering. Officers can enter without announcing themselves during these emergencies. A judge can only approve eavesdropping if a crime is happening or is about to happen, and all legal steps are followed. Once the emergency or a court denial occurs, eavesdropping must stop.

(a)CA Penal Law Code § 633.8(a) It is the intent of the Legislature in enacting this section to provide law enforcement with the ability to use electronic amplifying or recording devices to eavesdrop on and record the otherwise confidential oral communications of individuals within a location when responding to an emergency situation that involves the taking of a hostage or the barricading of a location. It is the intent of the Legislature that eavesdropping on oral communications pursuant to this section comply with paragraph (7) of Section 2518 of Title 18 of the United States Code.
(b)CA Penal Law Code § 633.8(b) Notwithstanding the provisions of this chapter, and in accordance with federal law, a designated peace officer described in subdivision (c) may use, or authorize the use of, an electronic amplifying or recording device to eavesdrop on or record, or both, any oral communication within a particular location in response to an emergency situation involving the taking of a hostage or hostages or the barricading of a location if all of the following conditions are satisfied:
(1)CA Penal Law Code § 633.8(b)(1) The officer reasonably determines that an emergency situation exists involving the immediate danger of death or serious physical injury to any person, within the meaning of Section 2518(7)(a)(i) of Title 18 of the United States Code.
(2)CA Penal Law Code § 633.8(b)(2) The officer reasonably determines that the emergency situation requires that the eavesdropping on oral communication occur immediately.
(3)CA Penal Law Code § 633.8(b)(3) There are grounds upon which an order could be obtained pursuant to Section 2516(2) of Title 18 of the United States Code in regard to the offenses enumerated therein.
(c)CA Penal Law Code § 633.8(c) Only a peace officer who has been designated by either a district attorney in the county where the emergency exists, or by the Attorney General to make the necessary determinations pursuant to paragraphs (1), (2), and (3) of subdivision (b) may make those determinations for purposes of this section.
(d)CA Penal Law Code § 633.8(d) If the determination is made by a designated peace officer described in subdivision (c) that an emergency situation exists, a peace officer shall not be required to knock and announce his or her presence before entering, installing, and using any electronic amplifying or recording devices.
(e)CA Penal Law Code § 633.8(e) If the determination is made by a designated peace officer described in subdivision (c) that an emergency situation exists and an eavesdropping device has been deployed, an application for an order approving the eavesdropping shall be made within 48 hours of the beginning of the eavesdropping and shall comply with the requirements of Section 629.50. A court may grant an application authorizing the use of electronic amplifying or recording devices to eavesdrop on and record otherwise confidential oral communications in barricade or hostage situations where there is probable cause to believe that an individual is committing, has committed, or is about to commit an offense listed in Section 2516(2) of Title 18 of the United States Code.
(f)CA Penal Law Code § 633.8(f) The contents of any oral communications overheard pursuant to this section shall be recorded on tape or other comparable device. The recording of the contents shall be done so as to protect the recording from editing or other alterations.
(g)CA Penal Law Code § 633.8(g) For purposes of this section, a “barricading” occurs when a person refuses to come out from a covered or enclosed position. Barricading also occurs when a person is held against his or her will and the captor has not made a demand.
(h)CA Penal Law Code § 633.8(h) For purposes of this section, a “hostage situation” occurs when a person is held against his or her will and the captor has made a demand.
(i)CA Penal Law Code § 633.8(i) A judge shall not grant an application made pursuant to this section in anticipation that an emergency situation will arise. A judge shall grant an application authorizing the use of electronic amplifying or recording devices to eavesdrop on and record otherwise confidential oral communications in barricade or hostage situations where there is probable cause to believe that an individual is committing, has committed, or is about to commit an offense listed in Section 2516(2) of Title 18 of the United States Code, and only if the peace officer has fully complied with the requirements of this section. If an application is granted pursuant to this section, an inventory shall be served pursuant to Section 629.68.
(j)CA Penal Law Code § 633.8(j) This section does not require that a peace officer designated pursuant to subdivision (c) undergo training pursuant to Section 629.94.
(k)CA Penal Law Code § 633.8(k) A peace officer who has been designated pursuant to subdivision (c) to use an eavesdropping device shall cease use of the device upon the termination of the barricade or hostage situation, or upon the denial by a judge of an application for an order to approve the eavesdropping, whichever is earlier.
(l)CA Penal Law Code § 633.8(l) Nothing in this section shall be deemed to affect the admissibility or inadmissibility of evidence.

Section § 634

Explanation

If someone trespasses on property to commit or try to commit certain illegal actions related to privacy laws, they can face a fine up to $2,500, a jail sentence of up to one year, or both.

If they've been convicted before for similar privacy violations, the fine can go up to $10,000, with the same jail time possibilities.

Any person who trespasses on property for the purpose of committing any act, or attempting to commit any act, in violation of Section 631, 632, 632.5, 632.6, 632.7, or 636 shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment.

Section § 635

Explanation

This law makes it illegal to make, sell, import, or use devices meant for eavesdropping on someone else's conversations or for intercepting cell phone or cordless phone communications. Doing so could result in a fine up to $2,500, jail time up to a year, or both. If someone has been caught and convicted before, the penalties increase, including fines up to $10,000.

There are exceptions to this rule. These exceptions include communication utilities that need to use these devices for their operations, law enforcement agencies, certain federal agencies, or individuals selling these devices to approved agencies or utilities. Also, if a communication utility provides a subscriber with such a device as part of their service, that's allowed under this section.

(a)CA Penal Law Code § 635(a) Every person who manufactures, assembles, sells, offers for sale, advertises for sale, possesses, transports, imports, or furnishes to another any device which is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device which is primarily or exclusively designed or intended for the unauthorized interception or reception of communications between cellular radio telephones or between a cellular radio telephone and a landline telephone in violation of Section 632.5, or communications between cordless telephones or between a cordless telephone and a landline telephone in violation of Section 632.6, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.
(b)CA Penal Law Code § 635(b) This section does not apply to either of the following:
(1)CA Penal Law Code § 635(b)(1) An act otherwise prohibited by this section when performed by any of the following:
(A)CA Penal Law Code § 635(b)(1)(A) A communication utility or an officer, employee or agent thereof for the purpose of construction, maintenance, conduct, or operation of, or otherwise incident to the use of, the services or facilities of the utility.
(B)CA Penal Law Code § 635(b)(1)(B) A state, county, or municipal law enforcement agency or an agency of the federal government.
(C)CA Penal Law Code § 635(b)(1)(C) A person engaged in selling devices specified in subdivision (a) for use by, or resale to, agencies of a foreign government under terms approved by the federal government, communication utilities, state, county, or municipal law enforcement agencies, or agencies of the federal government.
(2)CA Penal Law Code § 635(b)(2) Possession by a subscriber to communication utility service of a device specified in subdivision (a) furnished by the utility pursuant to its tariffs.

Section § 636

Explanation

Under California Penal Code 636, it's illegal to secretly listen to or record conversations between someone in law enforcement custody and their attorney, religious adviser, or doctor. Doing so without everyone's permission is a felony if done electronically and a public offense if done by other means. Penalties include imprisonment, fines, or both. However, this law doesn't apply to public utility employees who overhear conversations while working on phone or telegraph systems.

(a)CA Penal Law Code § 636(a) Every person who, without permission from all parties to the conversation, eavesdrops on or records, by means of an electronic device, a conversation, or any portion thereof, between a person who is in the physical custody of a law enforcement officer or other public officer, or who is on the property of a law enforcement agency or other public agency, and that person’s attorney, religious adviser, or licensed physician, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(b)CA Penal Law Code § 636(b) Every person who, intentionally and without permission from all parties to the conversation, nonelectronically eavesdrops upon a conversation, or any portion thereof, that occurs between a person who is in the physical custody of a law enforcement officer or other public officer and that person’s attorney, religious adviser, or licensed physician, is guilty of a public offense. This subdivision applies to conversations that occur in a place, and under circumstances, where there exists a reasonable expectation of privacy, including a custody holding area, holding area, or anteroom. This subdivision does not apply to conversations that are inadvertently overheard or that take place in a courtroom or other room used for adjudicatory proceedings. A person who is convicted of violating this subdivision shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for a term not to exceed one year, or by a fine not to exceed two thousand five hundred dollars ($2,500), or by both that fine and imprisonment.
(c)CA Penal Law Code § 636(c) This section shall not apply to any employee of a public utility engaged in the business of providing service and facilities for telephone or telegraph communications while engaged in the construction, maintenance, conduct, or operation of the service or facilities of that public utility who listens in to conversations for the limited purpose of testing or servicing equipment.

Section § 636.5

Explanation

This law makes it illegal for anyone not authorized by the sender to intercept communications from public safety radio services, like police radios, using a scanner or other methods. If the intercepted information is used to help commit a crime or avoid arrest, trial, or punishment, it is a misdemeanor offense. Informing a criminal suspect about intercepted communications with the intent for them to evade law enforcement is also illegal. This does not prevent prosecution under other related sections. 'Public safety radio service communication' refers to transmissions authorized by the FCC for public safety purposes.

Any person not authorized by the sender, who intercepts any public safety radio service communication, by use of a scanner or any other means, for the purpose of using that communication to assist in the commission of a criminal offense or to avoid or escape arrest, trial, conviction, or punishment or who divulges to any person he or she knows to be a suspect in the commission of any criminal offense, the existence, contents, substance, purport, effect or meaning of that communication concerning the offense with the intent that the suspect may avoid or escape from arrest, trial, conviction, or punishment is guilty of a misdemeanor.
Nothing in this section shall preclude prosecution of any person under Section 31 or 32.
As used in this section, “public safety radio service communication” means a communication authorized by the Federal Communications Commission to be transmitted by a station in the public safety radio service.

Section § 637

Explanation

If you share the contents of someone else's phone or telegraph message without their permission, and you're not a party to the conversation, you could be fined up to $5,000, jailed for up to a year, or both, unless a court orders you to do so legally.

Every person not a party to a telegraphic or telephonic communication who willfully discloses the contents of a telegraphic or telephonic message, or any part thereof, addressed to another person, without the permission of that person, unless directed so to do by the lawful order of a court, is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment.

Section § 637.1

Explanation

If someone who's not affiliated with a telegraph or telephone office opens someone else's sealed telegraph or phone message without permission, or pretends to be someone else to receive such a message, intending to use, destroy, or keep it away from the rightful recipient, they can be punished under Section 637.

Every person not connected with any telegraph or telephone office who, without the authority or consent of the person to whom the same may be directed, willfully opens any sealed envelope enclosing a telegraphic or telephonic message, addressed to another person, with the purpose of learning the contents of such message, or who fraudulently represents another person and thereby procures to be delivered to himself any telegraphic or telephonic message addressed to such other person, with the intent to use, destroy, or detain the same from the person entitled to receive such message, is punishable as provided in Section 637.

Section § 637.2

Explanation

If someone breaks this law and causes you harm, you can sue them for either $5,000 for each violation or triple the actual damages you suffered, whichever is greater. Even if you haven't suffered actual harm, you can still take action to stop the violation and ask for damages. This law doesn't change any responsibilities under another set of laws dealing with civil privacy.

(a)CA Penal Law Code § 637.2(a) Any person who has been injured by a violation of this chapter may bring an action against the person who committed the violation for the greater of the following amounts:
(1)CA Penal Law Code § 637.2(a)(1) Five thousand dollars ($5,000) per violation.
(2)CA Penal Law Code § 637.2(a)(2) Three times the amount of actual damages, if any, sustained by the plaintiff.
(b)CA Penal Law Code § 637.2(b) Any person may, in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin and restrain any violation of this chapter, and may in the same action seek damages as provided by subdivision (a).
(c)CA Penal Law Code § 637.2(c) It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages.
(d)CA Penal Law Code § 637.2(d) This section shall not be construed to affect Title 4 (commencing with Section 3425.1) of Part 1 of Division 4 of the Civil Code.

Section § 637.3

Explanation

This law in California prohibits anyone from using systems that analyze or record voice prints or stress patterns to tell if someone is lying, unless that person agrees in writing beforehand. However, peace officers are exempt when doing their job. If someone breaks this law and another person is harmed as a result, the injured person can sue for damages or at least $1,000.

(a)CA Penal Law Code § 637.3(a) No person or entity in this state shall use any system which examines or records in any manner voice prints or other voice stress patterns of another person to determine the truth or falsity of statements made by such other person without his or her express written consent given in advance of the examination or recordation.
(b)CA Penal Law Code § 637.3(b) This section shall not apply to any peace officer, as defined in Section 830, while he is carrying out his official duties.
(c)CA Penal Law Code § 637.3(c) Any person who has been injured by a violator of this section may bring an action against the violator for his actual damages or one thousand dollars ($1,000), whichever is greater.

Section § 637.4

Explanation

This law ensures that no government agency or its employees can force or ask a witness involved in a sex offense case with elements like force or threats to take a lie detector test before charges are filed. If someone’s rights under this law are violated, they can sue for at least $1,000 or the actual damages they suffered, whichever is more.

(a)CA Penal Law Code § 637.4(a) No state or local governmental agency involved in the investigation or prosecution of crimes, or any employee thereof, shall require or request any complaining witness, in a case involving the use of force, violence, duress, menace, or threat of great bodily harm in the commission of any sex offense, to submit to a polygraph examination as a prerequisite to filing an accusatory pleading.
(b)CA Penal Law Code § 637.4(b) Any person who has been injured by a violator of this section may bring an action against the violator for his actual damages or one thousand dollars ($1,000), whichever is greater.

Section § 637.5

Explanation

This law protects the privacy of cable and satellite TV subscribers in California. It prohibits companies from recording or sharing personal information about their subscribers without written consent. This includes household activities, viewing habits, medical information, and financial data. Companies can keep some data for billing and business needs but must safeguard it and allow subscribers to review and correct it if asked.

Companies can't give subscriber info to government agencies unless legally compelled to and must inform subscribers if such requests are made. They must also provide new customers with information about their privacy rights. Disclosed information should be anonymous where possible. Violating these rules can result in civil lawsuits or criminal penalties, including fines and imprisonment. These provisions are the minimum standards and local governments can enforce stricter rules if they wish.

(a)CA Penal Law Code § 637.5(a) No person who owns, controls, operates, or manages a satellite or cable television corporation, or who leases channels on a satellite or cable system shall:
(1)CA Penal Law Code § 637.5(a)(1) Use any electronic device to record, transmit, or observe any events or listen to, record, or monitor any conversations that take place inside a subscriber’s residence, workplace, or place of business, without obtaining the express written consent of the subscriber. A satellite or cable television corporation may conduct electronic sweeps of subscriber households to monitor for signal quality.
(2)CA Penal Law Code § 637.5(a)(2) Provide any person with any individually identifiable information regarding any of its subscribers, including, but not limited to, the subscriber’s television viewing habits, shopping choices, interests, opinions, energy uses, medical information, banking data or information, or any other personal or private information, without the subscriber’s express written consent.
(b)CA Penal Law Code § 637.5(b) Individual subscriber viewing responses or other individually identifiable information derived from subscribers may be retained and used by a satellite or cable television corporation only to the extent reasonably necessary for billing purposes and internal business practices, and to monitor for unauthorized reception of services. A satellite or cable television corporation may compile, maintain, and distribute a list containing the names and addresses of its subscribers if the list contains no other individually identifiable information and if subscribers are afforded the right to elect not to be included on the list. However, a satellite or cable television corporation shall maintain adequate safeguards to ensure the physical security and confidentiality of the subscriber information.
(c)Copy CA Penal Law Code § 637.5(c)
(1)Copy CA Penal Law Code § 637.5(c)(1) A satellite or cable television corporation shall not make individual subscriber information available to government agencies in the absence of legal compulsion, including, but not limited to, a court order or subpoena. If requests for information are made, a satellite or cable television corporation shall promptly notify the subscriber of the nature of the request and what government agency has requested the information prior to responding unless otherwise prohibited from doing so by law.
(2)CA Penal Law Code § 637.5(c)(2) Nothing in this section shall be construed to prevent local franchising authorities from obtaining information necessary to monitor franchise compliance pursuant to franchise or license agreements. This information shall be provided so as to omit individually identifiable subscriber information whenever possible. Information obtained by local franchising authorities shall be used solely for monitoring franchise compliance and shall not be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(d)CA Penal Law Code § 637.5(d) Any individually identifiable subscriber information gathered by a satellite or cable television corporation shall be made available for subscriber examination within 30 days of receiving a request by a subscriber to examine the information on the premises of the corporation. Upon a reasonable showing by the subscriber that the information is inaccurate, a satellite or cable television corporation shall correct the information.
(e)CA Penal Law Code § 637.5(e) Upon a subscriber’s application for satellite or cable television service, including, but not limited to, interactive service, a satellite or cable television corporation shall provide the applicant with a separate notice in an appropriate form explaining the subscriber’s right to privacy protection afforded by this section.
(f)CA Penal Law Code § 637.5(f) As used in this section:
(1)CA Penal Law Code § 637.5(f)(1) “Cable television corporation” shall have the same meaning as that term is given by Section 216.4 of the Public Utilities Code.
(2)CA Penal Law Code § 637.5(f)(2) “Individually identifiable information” means any information identifying an individual or the individual’s use of any service provided by a satellite or cable system other than the mere fact that the individual is a satellite or cable television subscriber. “Individually identifiable information” shall not include anonymous, aggregate, or any other information that does not identify an individual subscriber of a video provider service.
(3)CA Penal Law Code § 637.5(f)(3) “Person” includes an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government, or subdivision thereof, whether federal, state, or local.
(4)CA Penal Law Code § 637.5(f)(4) “Interactive service” means any service offered by a satellite or cable television corporation involving the collection, reception, aggregation, storage, or use of electronic information transmitted from a subscriber to any other receiving point under the control of the satellite or cable television corporation, or vice versa.
(g)CA Penal Law Code § 637.5(g) Nothing in this section shall be construed to limit the ability of a satellite or cable television corporation to market satellite or cable television or ancillary services to its subscribers.
(h)CA Penal Law Code § 637.5(h) Any person receiving subscriber information from a satellite or cable television corporation shall be subject to the provisions of this section.
(i)CA Penal Law Code § 637.5(i) Any aggrieved person may commence a civil action for damages for invasion of privacy against any satellite or cable television corporation, service provider, or person that leases a channel or channels on a satellite or cable television system that violates the provisions of this section.
(j)CA Penal Law Code § 637.5(j) Any person who violates the provisions of this section is guilty of a misdemeanor punishable by a fine not exceeding three thousand dollars ($3,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.
(k)CA Penal Law Code § 637.5(k) The penalties and remedies provided by subdivisions (i) and (j) are cumulative, and shall not be construed as restricting any penalty or remedy, provisional or otherwise, provided by law for the benefit of any person, and no judgment under this section shall preclude any person from obtaining additional relief based upon the same facts.
(l)CA Penal Law Code § 637.5(l) The provisions of this section are intended to set forth minimum state standards for protecting the privacy of subscribers to cable television services and are not intended to preempt more restrictive local standards.

Section § 637.6

Explanation

This law says that if a business has access to someone's personal information, like their home address or work hours, for helping with carpooling or ridesharing programs, they can't share or use this information for anything else unless they get written permission from that person.

Carpooling and ridesharing programs can include things like forming carpools, vanpools, or developing flexible work hours. If someone breaks this rule, they could face up to a year in jail, a fine of up to $1,000, or both.

(a)CA Penal Law Code § 637.6(a) No person who, in the course of business, acquires or has access to personal information concerning an individual, including, but not limited to, the individual’s residence address, employment address, or hours of employment, for the purpose of assisting private entities in the establishment or implementation of carpooling or ridesharing programs, shall disclose that information to any other person or use that information for any other purpose without the prior written consent of the individual.
(b)CA Penal Law Code § 637.6(b) As used in this section, “carpooling or ridesharing programs” include, but shall not be limited to, the formation of carpools, vanpools, buspools, the provision of transit routes, rideshare research, and the development of other demand management strategies such as variable working hours and telecommuting.
(c)CA Penal Law Code § 637.6(c) Any person who violates this section is guilty of a misdemeanor, punishable by imprisonment in the county jail for not exceeding one year, or by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

Section § 637.7

Explanation

It's illegal in California for anyone to use an electronic tracking device to find out where a person is or how they're moving. However, this doesn't apply if the owner, lessor, or renter of a vehicle agrees to its use for that specific vehicle.

Law enforcement agencies are also exempt when they use these devices legally. An electronic tracking device is described as anything that attaches to a vehicle or movable object and tracks its location through electronic signals. Breaking this law is a misdemeanor.

If a business or professional entity breaks this rule and holds a license under certain state codes, their license can be revoked.

(a)CA Penal Law Code § 637.7(a) No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person.
(b)CA Penal Law Code § 637.7(b) This section shall not apply when the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle.
(c)CA Penal Law Code § 637.7(c) This section shall not apply to the lawful use of an electronic tracking device by a law enforcement agency.
(d)CA Penal Law Code § 637.7(d) As used in this section, “electronic tracking device” means any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.
(e)CA Penal Law Code § 637.7(e) A violation of this section is a misdemeanor.
(f)CA Penal Law Code § 637.7(f) A violation of this section by a person, business, firm, company, association, partnership, or corporation licensed under Division 3 (commencing with Section 5000) of the Business and Professions Code shall constitute grounds for revocation of the license issued to that person, business, firm, company, association, partnership, or corporation, pursuant to the provisions that provide for the revocation of the license as set forth in Division 3 (commencing with Section 5000) of the Business and Professions Code.

Section § 637.9

Explanation

This law makes it a misdemeanor for businesses providing mailing lists or similar services to do certain things. They must verify the legitimacy of first-time buyers and avoid giving personal info about children to known sex offenders. It's also illegal to use a child's info to directly sell products to them without parental consent and to ignore parental requests to limit info access.

Additionally, someone who shares or receives info about a child, knowing it will be used for harm, is breaking the law. List brokers must honor parental requests to stop sharing a child's info or face misdemeanor charges. Businesses marketing to children must maintain lists of those who opted out of receiving marketing materials and must comply with these requests.

Exemptions apply to government agencies, specific educational and nonprofit entities. This section of the law defines key terms like "child," "parent," and "personal information."

(a)CA Penal Law Code § 637.9(a) Any person who, in the course of business, provides mailing lists, computerized or telephone-based reference services, or similar products or services utilizing lists, as defined, knowingly does any of the following is guilty of a misdemeanor:
(1)CA Penal Law Code § 637.9(a)(1) Fails, prior to selling or distributing a list to a first-time buyer, to obtain the buyer’s name, address, telephone number, tax identification number if the buyer is a forprofit entity, a sample of the type of material to be distributed using the list, or to make a good-faith effort to verify the nature and legitimacy of the business or organization to which the list is being sold or distributed.
(2)CA Penal Law Code § 637.9(a)(2) Knowingly provides access to personal information about children to any person who he or she knows is registered or required to register as a sex offender.
(b)CA Penal Law Code § 637.9(b) Any person who uses personal information about a child that was obtained for commercial purposes to directly contact the child or the child’s parent to offer a commercial product or service to the child and who knowingly fails to comply with the parent’s request to take steps to limit access to personal information about a child only to authorized persons is guilty of a misdemeanor.
(c)CA Penal Law Code § 637.9(c) Any person who knowingly distributes or receives any personal information about a child with knowledge that the information will be used to abuse or physically harm the child is guilty of a misdemeanor.
(d)Copy CA Penal Law Code § 637.9(d)
(1)Copy CA Penal Law Code § 637.9(d)(1) List brokers shall, upon a written request from a parent that specifically identifies the child, provide the parent with procedures that the parent must follow in order to withdraw consent to use personal information relating to his or her child. Any list broker who fails to discontinue disclosing personal information about a child within 20 days after being so requested in writing by the child’s parent, is guilty of a misdemeanor.
(2)CA Penal Law Code § 637.9(d)(2) Any person who, through the mail, markets or sells products or services directed to children, shall maintain a list of all individuals, and their addresses, who have requested in writing that the person discontinue sending any marketing or sales materials to the individual or the individual’s child or children. No person who is obligated to maintain that list shall cause any marketing or sales materials, other than those that are already in the process of dissemination, to be sent to any individual’s child or children, after that individual has made that written request. Any person who is subject to the provisions of this paragraph, who fails to comply with the requirements of this paragraph or who violates the provisions of this paragraph is guilty of a misdemeanor.
(e)CA Penal Law Code § 637.9(e) The following shall be exempt from subdivisions (a) and (b):
(1)CA Penal Law Code § 637.9(e)(1) Any federal, state, or local government agency or law enforcement agency.
(2)CA Penal Law Code § 637.9(e)(2) The National Center for Missing and Exploited Children.
(3)CA Penal Law Code § 637.9(e)(3) Any educational institution, consortia, organization, or professional association, which shall include, but not be limited to, the California community colleges; the California State University, and each campus, branch, and function thereof; each campus, branch, and function of the University of California; the California Maritime Academy; or any independent institution of higher education accredited by an agency recognized by the federal Department of Education. For the purposes of this paragraph, “independent institution of higher education” means any nonpublic higher education institution that grants undergraduate degrees, graduate degrees, or both undergraduate and graduate degrees, is formed as a nonprofit corporation in this state, and is accredited by an agency recognized by the federal Department of Education; or any private postsecondary vocational institution registered, approved, or exempted by the Bureau of Private Postsecondary Vocational Education.
(4)CA Penal Law Code § 637.9(e)(4) Any nonprofit organization that is exempt from taxation under Section 23701d of the Revenue and Taxation Code.
(f)CA Penal Law Code § 637.9(f) As used in this section:
(1)CA Penal Law Code § 637.9(f)(1) “Child” means a person who is under 16 years of age.
(2)CA Penal Law Code § 637.9(f)(2) “Parent” shall include a legal guardian.
(3)CA Penal Law Code § 637.9(f)(3) “Personal information” means any information that identifies a child and that would suffice to locate and contact the child, including, but not limited to, the name, postal or electronic mail address, telephone number, social security number, date of birth, physical description of the child, or family income.
(4)CA Penal Law Code § 637.9(f)(4) “List” may include, but is not limited to, a collection of name and address records of individuals sharing a common interest, purchase history, demographic profile, membership, or affiliation.

Section § 638

Explanation

This law makes it illegal to buy or sell phone calling records or lists without the subscriber's written consent. If someone tries to get this information through deceit or fraud, they can be fined up to $2,500 or face up to a year in jail, or both. Repeat offenders face higher penalties.

If such records are obtained illegally, they cannot be used as evidence in most legal proceedings, except to prosecute under this law or as otherwise allowed by law.

The law covers various technologies such as traditional, cordless, satellite, and internet-based phones. Exceptions include providing information for debt collection, provided it is not disclosed improperly.

Employers can be prosecuted if they knowingly allow violations. Law enforcement can still access records legally, and other laws remain applicable. The intent is to protect privacy and prevent unauthorized sharing of phone record information.

(a)CA Penal Law Code § 638(a) Any person who purchases, sells, offers to purchase or sell, or conspires to purchase or sell any telephone calling pattern record or list, without the written consent of the subscriber, or any person who procures or obtains through fraud or deceit, or attempts to procure or obtain through fraud or deceit any telephone calling pattern record or list shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment. If the person has previously been convicted of a violation of this section, he or she is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment.
(b)CA Penal Law Code § 638(b) Any personal information contained in a telephone calling pattern record or list that is obtained in violation of this section shall be inadmissible as evidence in any judicial, administrative, legislative, or other proceeding except when that information is offered as proof in an action or prosecution for a violation of this section, or when otherwise authorized by law, in any criminal prosecution.
(c)CA Penal Law Code § 638(c) For purposes of this section:
(1)CA Penal Law Code § 638(c)(1) “Person” includes an individual, business association, partnership, limited partnership, corporation, limited liability company, or other legal entity.
(2)CA Penal Law Code § 638(c)(2) “Telephone calling pattern record or list” means information retained by a telephone company that relates to the telephone number dialed by the subscriber, or other person using the subscriber’s telephone with permission, or the incoming number of a call directed to the subscriber, or other data related to such calls typically contained on a subscriber telephone bill such as the time the call started and ended, the duration of the call, any charges applied, and any information described in subdivision (a) of Section 2891 of the Public Utilities Code whether the call was made from or to a telephone connected to the public switched telephone network, a cordless telephone, as defined in Section 632.6, a telephony device operating over the Internet utilizing voice over Internet protocol, a satellite telephone, or commercially available interconnected mobile phone service that provides access to the public switched telephone network via a mobile communication device employing radiowave technology to transmit calls, including cellular radiotelephone, broadband Personal Communications Services, and digital Specialized Mobile Radio.
(3)CA Penal Law Code § 638(c)(3) “Telephone company” means a telephone corporation as defined in Section 234 of the Public Utilities Code or any other person that provides residential or commercial telephone service to a subscriber utilizing any of the technologies or methods enumerated in paragraph (2).
(4)CA Penal Law Code § 638(c)(4) For purposes of this section, “purchase” and “sell” shall not include information provided to a collection agency or assignee of the debt by the telephone corporation, and used exclusively for the collection of the unpaid debt assigned by the telephone corporation, provided that the collection agency or assignee of the debt shall be liable for any disclosure of the information that is in violation of this section.
(d)CA Penal Law Code § 638(d) An employer of, or entity contracting with, a person who violates subdivision (a) shall only be subject to prosecution pursuant to that provision if the employer or contracting entity knowingly allowed the employee or contractor to engage in conduct that violated subdivision (a).
(e)CA Penal Law Code § 638(e) It is the intent of the Legislature to ensure that telephone companies maintain telephone calling pattern records or lists in the strictest confidence, and protect the privacy of their subscribers with all due care. While it is not the intent of the Legislature in this act to preclude the sharing of information that is currently allowed by both state and federal laws and rules governing those records, it is the Legislature’s intent in this act to preclude any unauthorized purchase or sale of that information.
(f)CA Penal Law Code § 638(f) This section shall not be construed to prevent a law enforcement or prosecutorial agency, or any officer, employee, or agent thereof from obtaining telephone records in connection with the performance of the official duties of the agency consistent with any other applicable state and federal law.
(g)CA Penal Law Code § 638(g) Nothing in this section shall preclude prosecution under any other provision of law.
(h)CA Penal Law Code § 638(h) The Legislature hereby finds and declares that, notwithstanding the prohibition on specific means of making available or obtaining personal calling records pursuant to this section, the disclosure of personal calling records through any other means is no less harmful to the privacy and security interests of Californians. This section is not intended to limit the scope or force of Section 2891 of the Public Utilities Code in any way.

Section § 638.50

Explanation

This section defines certain terms used in this chapter of the law. 'Wire communication' and 'electronic communication' are terms further explained in another section. A 'pen register' is described as a device that logs information like phone numbers dialed, but not the actual content of the communication. It's not used for billing or normal business accounting. A 'trap and trace device' is similar but is used to capture information identifying the source of a communication, again without capturing the content. A 'prohibited violation' is referenced from another section for its definition.

For purposes of this chapter, the following terms have the following meanings:
(a)CA Penal Law Code § 638.50(a) “Wire communication” and “electronic communication” have the meanings set forth in subdivision (a) of Section 629.51.
(b)CA Penal Law Code § 638.50(b) “Pen register” means a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, but not the contents of a communication. “Pen register” does not include a device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider, or a device or process used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business.
(c)CA Penal Law Code § 638.50(c) “Trap and trace device” means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, but not the contents of a communication.
(d)CA Penal Law Code § 638.50(d) “Prohibited violation” has the same meaning as that term is defined in Section 629.51.

Section § 638.51

Explanation

This law requires a court order to use devices that track communications, called pen registers or trap and trace devices, unless exceptions apply. These exceptions include service providers using such devices to maintain, test, or protect their services, or to prevent abuse or unauthorized use, with user consent. Violating this law can lead to fines or jail time. Additionally, acting in good faith based on a court order provides a defense against legal consequences.

(a)CA Penal Law Code § 638.51(a) Except as provided in subdivision (b), a person may not install or use a pen register or a trap and trace device without first obtaining a court order pursuant to Section 638.52 or 638.53.
(b)CA Penal Law Code § 638.51(b) A provider of electronic or wire communication service may use a pen register or a trap and trace device for any of the following purposes:
(1)CA Penal Law Code § 638.51(b)(1) To operate, maintain, and test a wire or electronic communication service.
(2)CA Penal Law Code § 638.51(b)(2) To protect the rights or property of the provider.
(3)CA Penal Law Code § 638.51(b)(3) To protect users of the service from abuse of service or unlawful use of service.
(4)CA Penal Law Code § 638.51(b)(4) To record the fact that a wire or electronic communication was initiated or completed to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful, or abusive use of service.
(5)CA Penal Law Code § 638.51(b)(5) If the consent of the user of that service has been obtained.
(c)CA Penal Law Code § 638.51(c) A violation of this section is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment.
(d)CA Penal Law Code § 638.51(d) A good faith reliance on an order issued pursuant to Section 638.52, or an authorization made pursuant to Section 638.53, is a complete defense to a civil or criminal action brought under this section or under this chapter.

Section § 638.52

Explanation

This law in California allows peace officers to apply for a court order to use pen registers or trap and trace devices, which track phone call data but not the content. The application must show that the data is relevant to an ongoing investigation into specific crimes like felonies, stolen property, or child exploitation. The order permits device use for up to 60 days, with possible extensions if probable cause persists. The order is sealed to keep the investigation secret, and service providers must assist with minimal disruption, for which they are compensated. Several safeguards ensure the process is legally sound, including verification of the officer's statements under oath. The law restricts using these devices for certain types of investigations.

(a)CA Penal Law Code § 638.52(a) A peace officer may make an application to a magistrate for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device. The application shall be in writing under oath or equivalent affirmation, and shall include the identity of the peace officer making the application and the identity of the law enforcement agency conducting the investigation. The applicant shall certify that the information likely to be obtained is relevant to an ongoing criminal investigation and shall include a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.
(b)CA Penal Law Code § 638.52(b) The magistrate shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if the magistrate finds that the information likely to be obtained by the installation and use of a pen register or a trap and trace device is relevant to an ongoing investigation and that there is probable cause to believe that the pen register or trap and trace device will lead to any of the following:
(1)CA Penal Law Code § 638.52(b)(1) Recovery of stolen or embezzled property.
(2)CA Penal Law Code § 638.52(b)(2) Property or things used as the means of committing a felony.
(3)CA Penal Law Code § 638.52(b)(3) Property or things in the possession of a person with the intent to use them as a means of committing a public offense, or in the possession of another to whom they may have delivered them for the purpose of concealing them or preventing them from being discovered.
(4)CA Penal Law Code § 638.52(b)(4) Evidence that tends to show a felony has been committed, or tends to show that a particular person has committed or is committing a felony.
(5)CA Penal Law Code § 638.52(b)(5) Evidence that tends to show that sexual exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual conduct of a person under 18 years of age, in violation of Section 311.11, has occurred or is occurring.
(6)CA Penal Law Code § 638.52(b)(6) The location of a person who is unlawfully restrained or reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause.
(7)CA Penal Law Code § 638.52(b)(7) Evidence that tends to show a violation of Section 3700.5 of the Labor Code, or tends to show that a particular person has violated Section 3700.5 of the Labor Code.
(8)CA Penal Law Code § 638.52(b)(8) Evidence that does any of the following:
(A)CA Penal Law Code § 638.52(b)(8)(A) Tends to show that a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code, has been committed or is being committed.
(B)CA Penal Law Code § 638.52(b)(8)(B) Tends to show that a particular person has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code.
(C)CA Penal Law Code § 638.52(b)(8)(C) Will assist in locating an individual who has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code.
(c)CA Penal Law Code § 638.52(c) Information acquired solely pursuant to the authority for a pen register or a trap and trace device shall not include any information that may disclose the physical location of the subscriber, except to the extent that the location may be determined from the telephone number. Upon the request of the person seeking the pen register or trap and trace device, the magistrate may seal portions of the application pursuant to People v. Hobbs (1994) 7 Cal.4th 948, and Sections 1040, 1041, and 1042 of the Evidence Code.
(d)CA Penal Law Code § 638.52(d) An order issued pursuant to subdivision (b) shall specify all of the following:
(1)CA Penal Law Code § 638.52(d)(1) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached.
(2)CA Penal Law Code § 638.52(d)(2) The identity, if known, of the person who is the subject of the criminal investigation.
(3)CA Penal Law Code § 638.52(d)(3) The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order.
(4)CA Penal Law Code § 638.52(d)(4) A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates.
(5)CA Penal Law Code § 638.52(d)(5) The order shall direct, if the applicant has requested, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device.
(e)CA Penal Law Code § 638.52(e) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days.
(f)CA Penal Law Code § 638.52(f) Extensions of the original order may be granted upon a new application for an order under subdivisions (a) and (b) if the officer shows that there is a continued probable cause that the information or items sought under this subdivision are likely to be obtained under the extension. The period of an extension shall not exceed 60 days.
(g)CA Penal Law Code § 638.52(g) An order or extension order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that the order be sealed until the order, including any extensions, expires, and that the person owning or leasing the line to which the pen register or trap and trace device is attached not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person.
(h)CA Penal Law Code § 638.52(h) Upon the presentation of an order, entered under subdivisions (b) or (f), by a peace officer authorized to install and use a pen register, a provider of wire or electronic communication service, landlord, custodian, or other person shall immediately provide the peace officer all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services provided to the party with respect to whom the installation and use is to take place, if the assistance is directed by the order.
(i)CA Penal Law Code § 638.52(i) Upon the request of a peace officer authorized to receive the results of a trap and trace device, a provider of a wire or electronic communication service, landlord, custodian, or other person shall immediately install the device on the appropriate line and provide the peace officer all information, facilities, and technical assistance, including installation and operation of the device unobtrusively and with a minimum of interference with the services provided to the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by the order.
(j)CA Penal Law Code § 638.52(j) A provider of a wire or electronic communication service, landlord, custodian, or other person who provides facilities or technical assistance pursuant to this section shall be reasonably compensated by the requesting peace officer’s law enforcement agency for the reasonable expenses incurred in providing the facilities and assistance.
(k)CA Penal Law Code § 638.52(k) Unless otherwise ordered by the magistrate, the results of the pen register or trap and trace device shall be provided to the peace officer at reasonable intervals during regular business hours for the duration of the order.
(l)CA Penal Law Code § 638.52(l) The magistrate, before issuing the order pursuant to subdivision (b), may examine on oath the person seeking the pen register or the trap and trace device, and any witnesses the person may produce, and shall take their affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the parties making them.
(m)CA Penal Law Code § 638.52(m) Notwithstanding any other provision in this section, no magistrate shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device for the purpose of investigating or recovering evidence of a prohibited violation, as defined in Section 629.51.

Section § 638.53

Explanation

In urgent situations, a peace officer can orally ask a judge for permission to use special surveillance tools called a pen register or trap and trace device to gather information without a formal order. This is only allowed if there are valid reasons like a crime investigation emergency or a clear danger to someone's safety. After using these tools, the officer needs to formally submit written approval within two business days, or the use must stop once the needed information is collected or if the formal request is denied. Additionally, service providers who help with setting up these tools must be paid for their assistance by the law enforcement agency involved.

(a)CA Penal Law Code § 638.53(a) Except as otherwise provided in this chapter, upon an oral application by a peace officer, a magistrate may grant oral approval for the installation and use of a pen register or a trap and trace device, without an order, if he or she determines all of the following:
(1)CA Penal Law Code § 638.53(a)(1) There are grounds upon which an order could be issued under Section 638.52.
(2)CA Penal Law Code § 638.53(a)(2) There is probable cause to believe that an emergency situation exists with respect to the investigation of a crime.
(3)CA Penal Law Code § 638.53(a)(3) There is probable cause to believe that a substantial danger to life or limb exists justifying the authorization for immediate installation and use of a pen register or a trap and trace device before an order authorizing the installation and use can, with due diligence, be submitted and acted upon.
(b)Copy CA Penal Law Code § 638.53(b)
(1)Copy CA Penal Law Code § 638.53(b)(1) By midnight of the second full court day after the pen register or trap and trace device is installed, a written application pursuant to Section 638.52 shall be submitted by the peace officer who made the oral application to the magistrate who orally approved the installation and use of a pen register or trap and trace device. If an order is issued pursuant to Section 638.52, the order shall also recite the time of the oral approval under subdivision (a) and shall be retroactive to the time of the original oral approval.
(2)CA Penal Law Code § 638.53(b)(2) In the absence of an authorizing order pursuant to paragraph (1), the use shall immediately terminate when the information sought is obtained, when the application for the order is denied, or by midnight of the second full court day after the pen register or trap and trace device is installed, whichever is earlier.
(c)CA Penal Law Code § 638.53(c) A provider of a wire or electronic communication service, landlord, custodian, or other person who provides facilities or technical assistance pursuant to this section shall be reasonably compensated by the requesting peace officer’s law enforcement agency for the reasonable expenses incurred in providing the facilities and assistance.

Section § 638.54

Explanation

This law section outlines requirements for government entities when they obtain information through certain orders or emergency requests. They must notify the person whose information was obtained within 30 days after the order or request ends, detailing the investigation's nature. If there’s concern that notifying the person could negatively impact the investigation (an "adverse result"), they can request a court to delay notification for up to 90 days. This delay can be extended for up to 90 more days if necessary. Once the delay ends, the government must provide detailed information about the investigation and the data obtained.

If no target was identified when the information was sought, the government must report this to the Department of Justice, which will publish the information online, possibly redacting personal details.

(a)CA Penal Law Code § 638.54(a) Except as otherwise provided in this section, a government entity that obtains information pursuant to Section 638.52, or obtains information pursuant to oral authorization pursuant to Section 638.53, shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, the identified targets of the order a notice that informs the recipient that information about the recipient has been compelled or requested and states with reasonable specificity the nature of the government investigation under which the information is sought. The notice shall include a copy of the order or a written statement setting forth facts giving rise to the emergency. The notice shall be provided no later than 30 days after the termination of the period of the order, any extensions, or an emergency request.
(b)Copy CA Penal Law Code § 638.54(b)
(1)Copy CA Penal Law Code § 638.54(b)(1) Prior to the expiration of the 30-day period specified in subdivision (a), the government entity may submit a request, supported by a sworn affidavit, for an order delaying unsealing of the order and notification and prohibiting the person owning or leasing the line to which the pen register or trap and trace device is attached from disclosing the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or any other person. The court shall issue the order if the court determines that there is reason to believe that notification may have an adverse result, but only for the period of time that the court finds there is reason to believe that the notification may have that adverse result, and not to exceed 90 days.
(2)CA Penal Law Code § 638.54(b)(2) The court may grant extensions of the delay of up to 90 days each on the same grounds as provided in paragraph (1).
(3)CA Penal Law Code § 638.54(b)(3) Upon expiration of the period of delay of the notification, the government entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court issuing the order authorizing delayed notification, the identified targets of the order or emergency authorization a document that includes the information described in subdivision (a) and a copy of all electronic information obtained or a summary of that information, including, at a minimum, the number and types of records disclosed, the date and time when the earliest and latest records were created, and a statement of the grounds for the court’s determination to grant a delay in notifying the individual. The notice shall be provided no later than three days after the expiration of the period of delay of the notification.
(c)CA Penal Law Code § 638.54(c) If there is no identified target of an order or emergency request at the time of its issuance, the government entity shall submit to the Department of Justice, no later than three days after the termination of the period of the order, any extensions, or an emergency request, all of the information required in subdivision (a). If an order delaying notice is obtained pursuant to subdivision (b), the government entity shall submit to the department, no later than three days after the expiration of the period of delay of the notification, all of the information required in paragraph (3) of subdivision (b). The department shall publish all those reports on its Internet Web site within 90 days of receipt. The department may redact names or other personal identifying information from the reports.
(d)CA Penal Law Code § 638.54(d) For the purposes of this section, “adverse result” has the meaning set forth in subdivision (a) of Section 1546.

Section § 638.55

Explanation

This law allows people involved in a legal case to ask the court to disregard any electronic or wire information gathered illegally under the Fourth Amendment of the U.S. Constitution or this section of the law. It outlines the process for doing this by referring to another code section.

The law also permits the Attorney General to file a lawsuit to ensure government entities follow these rules.

If someone's data is wrongly targeted by legal processes such as warrants that break the law, they or their service provider can request the court to cancel or change these orders, or to destroy any wrongly collected information.

(a)CA Penal Law Code § 638.55(a) Any person in a trial, hearing, or proceeding may move to suppress wire or electronic information obtained or retained in violation of the Fourth Amendment to the United States Constitution or of this chapter. The motion shall be made, determined, and be subject to review in accordance with the procedures set forth in subdivisions (b) to (q), inclusive, of Section 1538.5.
(b)CA Penal Law Code § 638.55(b) The Attorney General may commence a civil action to compel any government entity to comply with the provisions of this chapter.
(c)CA Penal Law Code § 638.55(c) An individual whose information is targeted by a warrant, order, or other legal process that is not in compliance with this chapter, the California Constitution, or the United States Constitution, or a service provider or any other recipient of the warrant, order, or other legal process may petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of this chapter, the California Constitution, or the United States Constitution.