Today's Law As Amended


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SB-456 Privacy: faith-based organizations.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 53.6 is added to the Civil Code, to read:

53.6.
 (a) (1) Notwithstanding any other law, except as specified in this section, a faith-based organization that collects personal information from volunteers shall not disclose, produce, provide, release, transfer, disseminate, or otherwise communicate, except to a California peace officer, all or any part of that personal information orally, electronically, in writing, or by any other means to a third party without a court-issued subpoena, warrant, or order.
(2) A faith-based organization may disclose personal information described in paragraph (1) if the organization obtains the informed consent of the individual identified by the information.
(b) For purposes of this section:
(1) “Biometric information” means an individual’s physiological or biological characteristics, including, but not limited to, fingerprints.
(2) “Court-issued subpoena, warrant, or order” means a subpoena, warrant, or order issued by a judicial officer. “Court-issued subpoena, warrant, or order” does not include an administrative subpoena, warrant, or order.
(3) “Personal information” means information that identifies an individual, including, but not limited to, the individual’s biometric information, name, social security number or other unique identifying number, date of birth, location of birth, address, telephone number, driver’s license number, other official form of identification, or automobile license plate number.
(c) This section shall not be construed to prevent a government entity from requiring a faith-based organization to do either of the following:
(1) Provide information pursuant to a public health, civil rights, or consumer protection investigation, or in an investigation conducted pursuant to Section 308.5 of the Public Utilities Code.
(2) Provide records during an audit or inspection if those records omit personal information.
(d) This section shall not be construed to prevent a faith-based organization from disclosing to a law enforcement officer records in a criminal investigation if the law enforcement officer in good faith believes that an emergency involving imminent danger of death or serious bodily injury to a person requires a warrantless search, to the extent permitted by law.