Everyone understands the concept of the right to privacy, but it can be difficult to define. The California Supreme Court once noted that privacy has “psychological foundations emanating from personal needs to establish and maintain identity and self-esteem by controlling self-disclosure.” (Hill v. National Collegiate Athletic Ass’n (1994) 7 Cal.4th 1, 25.)
In California, there are a number of laws designed to protect your privacy. Some of these laws are as follows:
- California Right to Financial Privacy Act – Government officials may not obtain access to financial records without a search warrant, a subpoena, summons, or consent. (Calif. Govt. Code §§7460-7493.)
- California Financial Information Privacy Act – Generally prohibits financial institutions like banks from disclosing nonpublic personal information without written consent from the customer. (Calif. Finance Code §§ 4050-4060.
- Consumer Credit Reporting Agencies Act – Generally prohibits debt collectors from providing incomplete or inaccurate information about consumers to credit reporting agencies. (Calif. Civil Code §§ 1785.1-1785.36.)
- Investigative Consumer Reporting Agencies Act – Governs “investigative consumer reports,” which is generally information about a person’s character or reputation; the law only allows investigative consumer reports to be prepared for employment, to determine eligibility or rates for insurance, for renting a place to live, for determining eligibility for a license or benefit from the government, or a court support order. The law was designed to insure that companies preparing the reports do so with “fairness, impartiality and a respect for the consumer’s right to privacy.” (Calif. Civil Code §§ 1786-1786.60.)
- Confidentiality of Medical Information Act – This law was designed to ensure that health care providers such as doctors and hospitals do not inappropriately disclose private health information. (Calif. Civil Code §§ 56-56.37.)
- California Invasion of Privacy Act – This law generally prohibits recording or listening to electronic communications, such as telephone calls, without the consent of all parties. (Calif. Penal Code §§ 630-638.)
- California’s Security Breach Disclosure Law – This law requires businesses that have computerized personal information of California residents to disclose any security breach to those affected, including the disclosure of where the information was, or reasonably believed to have been, stolen. (Calif. Civil Code §§1798.29, 1798.82 and 1798.84.)
- California’s Document Disposal Law – This law requires that businesses “take all reasonable steps” to dispose of personal information they acquire from consumers. (Calif. Civil Code §§ 1798.81.)
- California’s Reasonable Security Procedures and Practices Law – Any company which owns or licenses personal information about California consumers must maintain “reasonable security” procedures and practices to protect the information from matters such as theft, destruction, improper use or disclosure. (Calif. Civil Code § 1798.81.5.)
- California’s Law Precluding the Commercial Use of Certain Personal Information/Data – The law governs and companies which use a person’s name, voice, signature, photograph or likeness for commercial or business purposes without the person’s consent. (Calif. Civil Code § 3344.)
At Parisi & Havens, we have been litigated numerous class action lawsuits against companies with respect to alleged violations of consumers’ rights to privacy. Unfortunately for consumers, we find that the number and breadth of these cases are increasing with new technology.