Welcome To The California Privacy Law Blog
Welcome to the LACBA California Privacy Law blog. This blog will provide a forum for summary and discussion of recent developments in California privacy law. California was the first state in the nation to require operators of commercial websites or online services to post privacy policies, and was the first state to pass legislation requiring notification to customers for security breaches of personal information. California continues to pioneer new legislation and policy to address growing concerns regarding individual privacy rights in the information age. The last few weeks have seen the usual flurry of activity on the privacy front in California.[1]
Recent California Privacy Law Developments
In the wake of the Hewlett-Packard pretexting revelations, Attorney General Bill Lockyer filed criminal fraud and conspiracy charges in Santa Clara County against former HP chairman Patricia Dunn and four others. Also, Governor Schwarzenegger signed a bill (S.B. 202), effective January 1, 2007, prohibiting the sale or purchase of a consumer’s phone records without the consumer’s written consent and the practice of obtaining such records by fraud or deceit.
In the same time period, the California Supreme Court refused to reconsider or modify its ruling in Kearney v. Salomon Smith Barney, Inc., 39 Cal.4th 95 (2006), which held that out-of-state companies are subject to California law requiring two-party consent for the recording of telephone conversations made to or received from California. For more on Kearney, click here.
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