TITLE 1.81.5. California Consumer Privacy Act of 2018 [1798.100. - 1798.199.100.]

Title 1.81.5 added by Stats. 2018, Ch. 55, Sec. 3.

§§ 1798.100–1798.199.100 · 46 sections

§ 1798.100 General Duties of Businesses that Collect Personal Information (a) A business that controls the collection of a consumer’s personal information shall, at or…
§ 1798.105 Consumers’ Right to Delete Personal Information (a) A consumer shall have the right to request that a business delete any personal information about the…
§ 1798.106 Consumers’ Right to Correct Inaccurate Personal Information (a) A consumer shall have the right to request a business that maintains inaccurate personal…
§ 1798.110 Consumers’ Right to Know What Personal Information is Being Collected. Right to Access Personal Information (a) A consumer shall have the right to request that…
§ 1798.115 Consumers’ Right to Know What Personal Information is Sold or Shared and to Whom (a) A consumer shall have the right to request that a business that sells or…
§ 1798.120 Consumers’ Right to Opt Out of Sale or Sharing of Personal Information (a) (1) A consumer shall have the right, at any time, to direct a business that sells or…
§ 1798.121 Consumers’ Right to Limit Use and Disclosure of Sensitive Personal Information (a) A consumer shall have the right, at any time, to direct a business that…
§ 1798.125 Consumers’ Right of No Retaliation Following Opt Out or Exercise of Other Rights (a) (1) A business shall not discriminate against a consumer because the…
§ 1798.130 Notice, Disclosure, Correction, and Deletion Requirements (a) In order to comply with Sections 1798.100, 1798.105, 1798.106, 1798.110, 1798.115, and 1798.125,…
§ 1798.135 Methods of Limiting Sale, Sharing, and Use of Personal Information and Use of Sensitive Personal Information (a) A business that sells or shares consumers’…
§ 1798.136 (a) (1) A business shall not develop or maintain a browser that does not include functionality configurable by a consumer that enables the browser to send an… see note
§ 1798.140 Definitions For purposes of this title: (a) “Advertising and marketing” means a communication by a business or a person acting on the business’ behalf in any…
§ 1798.145 Exemptions (a) (1) The obligations imposed on businesses by this title shall not restrict a business’s ability to: (A) Comply with federal, state, or local… see note
§ 1798.146 (a) This title shall not apply to any of the following: (1) Medical information governed by the Confidentiality of Medical Information Act (Part 2.6…
§ 1798.148 (a) A business or other person shall not reidentify, or attempt to reidentify, information that has met the requirements of paragraph (4) of subdivision (a) of…
§ 1798.150 Personal Information Security Breaches (a) (1) Any consumer whose nonencrypted and nonredacted personal information, as defined in subparagraph (A) of…
§ 1798.155 Administrative Enforcement (a) Any business, service provider, contractor, or other person that violates this title shall be liable for an administrative fine…
§ 1798.160 Consumer Privacy Fund (a) (1) A special fund to be known as the “Consumer Privacy Fund” is hereby created within the General Fund in the State Treasury, and is…
§ 1798.175 Conflicting Provisions This title is intended to further the constitutional right of privacy and to supplement existing laws relating to consumers’ personal…
§ 1798.180 Preemption This title is a matter of statewide concern and supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city,…
§ 1798.185 Regulations (a) On or before July 1, 2020, the Attorney General shall solicit broad public participation and adopt regulations to further the purposes of this…
§ 1798.190 Anti-Avoidance A court or the agency shall disregard the intermediate steps or transactions for purposes of effectuating the purposes of this title: (a) If a…
§ 1798.192 Waiver Any provision of a contract or agreement of any kind, including a representative action waiver, that purports to waive or limit in any way rights under…
§ 1798.194 This title shall be liberally construed to effectuate its purposes.
§ 1798.196 This title is intended to supplement federal and state law, if permissible, but shall not apply if such application is preempted by, or in conflict with,…
§ 1798.198 (a) Subject to limitation provided in subdivision (b), and in Section 1798.199, this title shall be operative January 1, 2020. (b) This title shall become…
§ 1798.199 Notwithstanding Section 1798.198, Section 1798.180 shall be operative on the effective date of the act adding this section.
§ 1798.199.10 (a) There is hereby established in state government the California Privacy Protection Agency, which is vested with full administrative power, authority, and…
§ 1798.199.15 Members of the agency board shall: (a) Have qualifications, experience, and skills, in particular in the areas of privacy and technology, required to perform…
§ 1798.199.20 Members of the agency board, including the chairperson, shall serve at the pleasure of their appointing authority but shall serve for no longer than eight…
§ 1798.199.25 For each day on which they engage in official duties, members of the agency board shall be compensated at the rate of one hundred dollars ($100), adjusted…
§ 1798.199.30 The agency board shall appoint an executive director who shall act in accordance with agency policies and regulations and with applicable law. The agency shall…
§ 1798.199.35 The agency board may delegate authority to the chairperson or the executive director to act in the name of the agency between meetings of the agency, except…
§ 1798.199.40 The agency shall perform the following functions: (a) Administer, implement, and enforce through administrative actions this title. (b) On and after the later…
§ 1798.199.45 (a) Upon the sworn complaint of any person or on its own initiative, the agency may investigate possible violations of this title relating to any business,…
§ 1798.199.50 No finding of probable cause to believe this title has been violated shall be made by the agency unless, at least 30 days prior to the agency’s consideration…
§ 1798.199.55 (a) When the agency determines there is probable cause for believing this title has been violated, it shall hold a hearing to determine if a violation has or…
§ 1798.199.60 Whenever the agency rejects the decision of an administrative law judge made pursuant to Section 11517 of the Government Code, the agency shall state the…
§ 1798.199.65 The agency may subpoena witnesses, compel their attendance and testimony, administer oaths and affirmations, take evidence and require by subpoena the…
§ 1798.199.70 No administrative action brought pursuant to this title alleging a violation of any of the provisions of this title shall be commenced more than five years…
§ 1798.199.75 (a) In addition to any other available remedies, the agency may bring a civil action and obtain a judgment in superior court for the purpose of collecting any…
§ 1798.199.80 (a) If the time for judicial review of a final agency order or decision has lapsed, or if all means of judicial review of the order or decision have been…
§ 1798.199.85 Any decision of the agency with respect to a complaint or administrative fine shall be subject to judicial review in an action brought by an interested party…
§ 1798.199.90 (a) Any business, service provider, contractor, or other person that violates this title shall be subject to an injunction and liable for a civil penalty of…
§ 1798.199.95 (a) There is hereby appropriated from the General Fund of the state to the agency the sum of five million dollars ($5,000,000) during the fiscal year 2020–21,…
§ 1798.199.100 The agency and any court, as applicable, shall consider the good faith cooperation of the business, service provider, contractor, or other person in…