Cal. Civ. Code § 1798.99.90
Health and Location Data Privacy
Redline — January 1, 2023 → current.View current text →
Current — January 1, 2025
As of January 1, 2023
(a) A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except as specified in subdivision (c).
For purposes of this title, the following definitions apply:
(a) “Collect,” “collected,” or “collection” means buying, renting, gathering, obtaining, receiving, or accessing any personal information pertaining to a natural person by any means. This includes receiving information from the natural person, either actively or passively, or by observing the natural person’s behavior.
(b) For purposes of this section, the following definitions apply: (1) “Business” means the same as defined in subdivision (c) of Section 1798.140. (2) “Collect” means the same as defined in subdivision (f) of Section 1798.140. (3) “Family planning center” means a business categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300 of the Civil Code. (4) “Personal information” has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section. (5) “Precise geolocation” means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person. (6) “Sell” means the same as defined in subdivision (ad) of Section 1798.140. (7) “Share” means the same as defined in subdivision (ah) of Section 1798.140.
(b) “Family planning center” means a facility categorized as a family planning center by the North American Industry Classification System adopted by the United States Census Bureau, including, but not limited to, a clinic or center that provides reproductive health care services as defined in Section 1798.300.
(c) A person or business shall not collect, use, disclose, or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center, except only as necessary to perform the services or provide the goods requested by the person. A person or business shall not sell or share this personal information.
(d) (1) An aggrieved person or entity, including a family planning center, may institute and prosecute a civil action against any person or business who violates this section for injunctive and monetary relief and attorney’s fees within three years of discovery of the violation.
(2) If the court finds for the petitioner in an action authorized by paragraph (1), recovery shall be in the amount of three times the amount of actual damages and any other expenses, costs, or reasonable attorney’s fees incurred in connection with the litigation.
(e) This section does not apply to a provider of health care, a health care service plan, or contractor, as those terms are defined in Section 56.05.
(c) “Geofence” means any technology that enables spatial or location detection to establish a virtual boundary around, and detect an individual’s presence within, a “precise geolocation” as defined in subdivision (w) of Section 1798.140.
(d) “Health care services” means any service provided to a natural person of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative, rehabilitative, supportive, consultative, referral, or prescribing nature.
(e) “Person” means a natural person, association, proprietorship, corporation, trust, foundation, partnership, or any other organization or group of people acting in concert.
(f) “Personal information” has the same definition as that term is defined in subdivision (v) of Section 1798.140, except as applied to all natural persons and not limited to consumers and households, as those terms are defined in subdivisions (i) and (q), respectively, of that section.
(g) “Precise geolocation” means a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet as derived from a device that is used or intended to be used to locate a person. If the geographic scope of the term “precise geolocation” as defined in Section 1798.140 is expanded beyond 1,850 feet, then that larger scope shall apply to this definition of precise geolocation.
(h) “Research” means systematic investigation, including research development, testing, and evaluation, that has as its primary purpose the development of, or contribution to, generalizable knowledge.
(i) “Sell,” “selling,” “sale,” or “sold” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural person’s personal information by another person to a third party for monetary or other valuable consideration.
(j) “Share,” “shared,” or “sharing” means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a natural person’s personal information by another person to a third party, whether or not for monetary or other valuable consideration.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.