The new year brings with it many new California privacy laws. Included are the following:
S.B. 202 – Telephone Record Pretexting
As previously reported, S.B. 202 amends Penal Code § 638 to prohibit the purchase or sale of any telephone pattern record or list without the written consent of the subscriber.
A.B. 424 – Identity Theft: Personal Information
A.B. 424 expands the definition of identity theft victim, for purposes of Penal Code §§ 530.5, 530.6 and 530.8, to include firms, associations, organizations, partnerships, businesses, trusts, companies, corporations, limited liability companies or public entities.
A.B. 618 – Financial Crime
Upon request from law enforcement agencies, banks, credit unions and savings associations must provide surveillance photos and videos of anyone accessing the financial account of a crime victim, whether such access occurred at an ATM or inside the financial institution. Government Code § 7480.
A.B. 2043 – Identity Theft and Debt Collection
This law amends Civil Code §§ 1788.2 and 1788.18 to extend to firms, associations, organizations, partnerships, business trusts, companies, corporations, and limited liability companies protections previously available to consumers to contest debts where they are victims of identity theft.
A.B. 2886 – Identity Theft Penalties
This law amends Penal Code §§ 530.5 and 530.55 to define new crimes, enhance penalties and create court procedures concerning crimes of identity theft, including: 1) penalty enhancements for repeat offenders and for those stealing the identities of ten or more people; 2) a requirement that court records reflect that the person whose identity was stolen was not responsible for the crime committed; 3) penalties for selling, transferring or conveying personal information with the knowledge that it will be used to commit identity theft or with the intent to defraud; 4) state penalty for mail theft and 5) the addition of professional or occupational number to the definition of "personal identifying information."
Continue Reading...