Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to public agencies, as defined, with regard to their collection, storage, and disclosure of personal information. Existing law prohibits a public agency from selling, renting, or distributing an individual’s name and address for commercial purposes, unless that action is specifically authorized by law. Existing law prescribes civil remedies and penalties for violations of the act.
This bill would make an agency be liable for all damages proximately caused by a negligent or intentional violation of the requirements of the Information Practices Act of 1977. The bill would also prohibit an agency from in any way selling, renting, or exchanging for a commercial purpose the personal information that the agency holds, unless
consented to by the person to whom that information applies.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.