Today's Law As Amended


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AB-3223 Information practices: public agencies.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 1798.54 is added to the Civil Code, immediately following Section 1798.53, to read:

1798.54.
 Notwithstanding any law, and in addition to any other remedy or penalty provided by law, an agency shall be liable for all damages proximately caused by a negligent or intentional violation of the requirements of this title.

SEC. 2.

 Section 1798.60 of the Civil Code is amended to read:

1798.60.
 (a)  An individual’s name and address may shall  not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by law.
(b) An agency shall not, without the consent of the person to whom that information applies, in any way sell, rent, or exchange for a commercial purpose the personal information that the agency holds.
SEC. 3.
 The Legislature finds and declares that Section 2 of this act, which amends Section 1798.60 of the Civil Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to permit the people of California to control appropriately the commercial distribution of their personal information by public agencies, it is necessary to give them the opportunity to restrict this use.