So all these companies making money off your personal information, do you receive a check?

 UnitedStatesPrivacyLaw
The state of California is the furthest along in establishing privacy laws for its people. This includes medical privacy, internet privacy, as well as laws that restrict businesses, medical facilities, the internet from using your personal information to make money for themselves. After all, do you receive a check from the profits they make off of you?
 

California Law – Constitutional Right to Privacy


California Privacy Rights Include:


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.

Court Records: Protection of Victim and Witness Information – California Penal Code section 964.This law requires the district attorney and the courts in each county to establish a procedure to protect confidential personal information regarding any witness or victim contained in a police report, arrest report, or investigative report submitted to a court by a prosecutor in support of a criminal complaint, indictment, or information, or by a prosecutor or law enforcement officer in support of a search warrant or an arrest warrant.

The state of Virginia has no procedure in place to protect an individual’s privacy regarding public court records.  Instead of protecting victim/witness information, Virginia has the opposite law –>  Virginia Freedom of Information Act.

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InformationPrivacy

Disposal of Customer Records – California Civil Code sections 1798.80 – 1798.81 and 1798.84.These sections require businesses to shred, erase or otherwise modify the personal information when disposing of customer records under their control. It provides a “safe harbor” from civil litigation for a business that has come into possession of records containing personal information that were abandoned, so long as the business disposes of them as provided in the statute.

Electronic Eavesdropping – California Penal Code sections 630-638. Among other things, this law prohibits, with exceptions, electronic eavesdropping on or recording of private communications by telephone, radio telephone, cellular radio telephone, cable or any other device or in any other manner.  It prohibits cable TV and satellite TV operators from monitoring or recording conversations in a subscriber’s residence, or from sharing individually identifiable information on subscriber viewing habits or other personal information without written consent (section 637.5).

Electronic Surveillance in Rental Cars – California Civil Code section 1936. This law prohibits vehicle rental companies from using, accessing, or obtaining information relating to a renter’s use of a rental vehicle obtained using onboard electronic surveillance technology, except in limited circumstances. It requires rental companies to obtain a renter’s consent before using or disclosing information about the renter’s use of the vehicle.

Employment of OffendersCalifornia Penal Code section 4017.1 and Penal Code section 5071 and California Welfare and Institutions Code section 219.5. Prison and county jail inmates may not have jobs that give them access to personal information. The same prohibitions apply to offenders performing community service in lieu of a fine or custody.

Identification Devices, Prohibition on Bodily Implanting – California Civil Code section 52.7.This law prohibits a person from requiring, coercing, or compelling any other individual to undergo the subcutaneous implanting of an identification device. The law specifically requires that it be liberally construed to protect privacy and bodily integrity. The law also provides for the assessment of civil penalties for violation, as specified, and allows an aggrieved party to bring an action for damages and injunctive relief, subject to a 3-year statute of limitation, or as otherwise provided.

 

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Advocacy Teams for Jan 28 to Feb 1, Bills & Committees: Join in, ya’ll!

From our Lobbying Director, Vicki Yeroian:
This is your second weekly update to our VA NOW General Assembly action! Thank you to those who got active last week on gun violence prevention!
Monday morning at 8am, myself and VA NOW VP of Legislative Affairs, Marj Signer, will be attending the Senate Courts of Justice Committee meeting in Senate Room B of the General Assembly Building to testify and monitor the votes on–
  • Support SB 520 Firearm transfers; penalties.
  • Support SB 510 Firearms; possession following conviction of certain crimes (domestic violence, sexual assault, assault and battery)
If you are in Richmond and would like to attend, please join us!! To remind you, we have asked all of our all star GA volunteers  to commit to the following:
  • Writing at least two emails to committees you are interested in following, one in Jan and one in Feb
  • To try to make it out to a committee meeting when legislation is being voted on OR (more realistically) send an email to your selected committees when you are alerted that bills are being voted on. You will be alerted via a weekly email from me!
  • To attend an advocacy day to gain more experience with the legislative process
To become a GA Advocacy Volunteer, please email me at Lobbyingdirector@vanow.org. Also, see our complete guide and updates to GA Advocacy with VA NOW at our VA NOW in Action page.
So, what’s up this week??  First, I have attached our VA NOW billsheets for this week. Every week they are updated, as some of the legislation we are monitoring dies or gets passed by indefinitely in committee. Remember, we are tracking bills related to the following topics–
  • Family Health
  • Community Safety
  • Social and Economic Equity
  • Civil and Human Rights
Second, we have linked an updated committee tracking document, which is how you can find out where legislation you are interested in currently is! Since we will only be sending out an email once a week, please be sure you  take a minute, two or three times a week, to check the docket of the committees your bills are in and see if you should send out an email or not. Links to all dockets are in the committee tracking document.
What we recommend taking action on this week:

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