California Law – Constitutional Right to Privacy
Public Record Exemption for Sex Offense Victims – California Government Code section 6254 and California Penal Code section 293. These laws prohibit the disclosure of the names and addresses of victims of specific sex-related crimes in documents provided in response to requests for records, including responses provided under the California Public Records Act.
Domestic Violence Victim Privacy – California Civil Code section 1798.79.8 This law prohibits a domestic violence victim service provider from being required to reveal the personally identifying information of its clients or potential clients as a part of applying for or receiving grants or financial assistance for its services. It defines “victim service provider” to mean a non-governmental organization that provides shelter or services to victims of domestic violence.
Medical Information, Collection for Direct Marketing Purposes – California Civil Code section1798.91. This law prohibits a business from seeking to obtain medical information from an individual for direct marketing purposes without, (1) clearly disclosing how the information will be used and shared, and (2) getting the individual’s consent.
Medical Information Confidentiality – California Civil Code sections 56-56.37.This law puts limits on the disclosure of patients’ medical information by medical providers, health plans, pharmaceutical companies, and many businesses organized for the purpose of maintaining medical information. It specifically prohibits many types of marketing uses and disclosures. It requires an electronic health or medical record system to protect the integrity of electronic medical information and to automatically record and preserve any change or deletion.
Virginia’s Constitution includes none of these policies.
- Personal Information Collected on Internet – California Government Code section 11015.5. This law applies to state government agencies. When collecting personal information electronically, agencies must provide certain notices. Before sharing an individual’s information with third parties, agencies must obtain the individual’s written consent.
- Public Officials, Online Privacy – California Government Code 6254.21. This law prohibits posting or displaying on the Internet the home address or telephone number of any elected or appointed official, as defined, if the official has made a written demand not to disclose his or her information. Entities receiving such a demand must remove the information immediately and ensure that it is not reposted.
- Reproductive Health Care, Online Privacy – California Government Code section 6218 and following. This law protects the personal safety of reproductive health care providers, employees, volunteers, and patients by prohibiting the posting of any such person’s home address, phone number, or image on the Internet, under specified circumstances.
Federally, we NOT have the above privacy rights. There are no federal laws requiring businesses to provide their clients a list of the companies they’ve shared your personal information with.
Federal Healthcare Privacy Laws
Let’s empower ourselves. Companies should not have the right to make money off of your personal information without your permission and without providing you access to their actions. We deserve to make purchases, own lines of credit, receive medical care, and participate in a court of law without giving up our privacy. You’ve seen above a few of the many ways our privacy can be used against us.
Let’s follow California’s example! Let’s make some amendments to the law! #RightToPrivacy #PrivacyLaws #MedicalPrivacy
Power to the People!
Paradise Kendra
Virginia NOW
Communications VP / Webmistress
communicationsvp@vanow.org
Dec 28, 2015 @ 13:09:46
Reblogged this on Marcha's Two-Cents Worth and commented:
Outstanding research and information! I know that I’m pretty tired of all the junk emails and junk snail mail I get from people sharing my info!
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Dec 28, 2015 @ 15:30:08
Hi Marcha! Thank you so much for the reblog! I completely agree. I know there are more privacy laws in place for physical mail and landline phone bugging, (not enough, but more) than digital privacy laws. It drives me crazy that I can’t shop or communicate online anymore without getting bombarded with spam emails and spam mobile text alerts.
We should have a say and we should also get a cut of any company using our info to make money. Don’t you think? :)
Fortunately, we do have options and we can amend the laws. I just never thought we’d need a law in place to say, “Don’t implant tracking devices inside my body without my consent.” Yikes! Sounds like a creepy, real life X-Files!
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Dec 28, 2015 @ 13:10:11
Excellent information! Thank you so much for all your work putting this together!
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Dec 28, 2015 @ 15:30:32
Thank YOU for helping spread the word through the grapevines. :)
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