Law / United States / 
California
Health and Location Data Privacy: location data at family planning centers (AB 45)
Cal. Civ. Code sections 1798.99.90 and 1798.99.91
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not collect, use, disclose, sell, share or retain the personal information of a person who is physically located at, or within a precise geolocation (a circle of 1,850 feet radius or less) of, a family planning center (section 1798.99.91(a)).
- You may collect or use that information only as necessary to perform the services or provide the goods the person requested, and every other prohibition still applies (section 1798.99.91(b)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Statutory damages
Section 1798.99.91(c)(2): if the court finds for the petitioner, recovery is three times the amount of actual damages and any other expenses, costs or reasonable attorney's fees incurred in connection with the litigation.
- As of
- Currency
- USD
Who enforces it
Enforcement body
A civil action by an aggrieved person or entity, including a family planning center (section 1798.99.91(c)).
What this law does
Civil Code section 1798.99.91 makes it unlawful to collect, use, disclose, sell, share or retain the personal information of a person who is physically located at, or within a precise geolocation of, a family planning center. Section 1798.99.90 of the Civil Code defines a precise geolocation as a geographic area equal to or less than a circle with a radius of 1,850 feet.
Under section 1798.99.91(b), a person may collect or use that personal information only as necessary to perform the services or provide the goods the person requested. Section 1798.99.91(c) lets an aggrieved person or entity, including a family planning center, sue a violator for injunctive and monetary relief and attorney's fees within three years of discovery of the violation.
Recovery in an action under section 1798.99.91(c) is three times the amount of actual damages and any other expenses, costs or reasonable attorney's fees incurred in the litigation.
Section 1798.99.91 does not apply to a provider of health care, a health care service plan or a contractor as defined in section 56.05 of the Civil Code, or to a covered entity or its business associate as defined in the federal regulations, and a contractor or business associate qualifies for the exemption only if it is contractually obligated to comply with all applicable state and federal privacy laws. Civil Code section 1798.99.91 took effect on .
When LexLint raises it
When your app profile says your app tracks devices.