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SECTION 1. The Legislature hereby finds and declares the following: (a) All people have an inalienable right to privacy as declared in Section 1 of Article I of the California Constitution.
Does the bill define "privacy" explicitly? Or is it defined clearly anywhere else in California law? That can be a real problem... (the US Supreme Court seems to limit 'privacy' to what goes on in bed between a married heterosexual couple, for instance.)
(b) Advances in technology have made it easier to create, acquire, and analyze detailed personal information about an individual. (c) Personal information, including information about a person's financial history, shopping habits, medical history, and travel patterns, is continuously being created. (d) The unauthorized use of personal information concerning an individual is an infringement upon that individual's right to privacy.
What is unauthorized use? Is it still acceptable to collect information on someone? Is a person given the right to know who is tracking them, and what someone else or a corporation has about them?
SEC. 2. Section 43.2 is added to the Civil Code, to read: 43.2. No person or corporation may use or distribute for profit any personal information concerning a person without that person's written consent. Such information includes, but is not limited to, an individual's credit history, finances, medical history, purchases, and travel patterns.
What counts as written consent? Checking a "Yes, you may send my name to interested advertisers so I can receive lots of junk mail to burn in my stove to keep warm in the winter" box? And once a person has checked off on it, is it ok for a corporation to redistribute that info without asking permission (since it's already been signed off), of must that third party again ask permission? - --- [This message has been signed by an auto-signing service. A valid signature means only that it has been received at the address corresponding to the signature and forwarded.] -----BEGIN PGP SIGNATURE----- Version: 2.6.2 Comment: Gratis auto-signing service iQBFAwUBMTPdKCoZzwIn1bdtAQEnvAF/dslZaaBn0j8ZyEHH3t97LyzjBHCai04A ng/kuJ5nkkneIVAl2OJKZAnq8JSaIzqp =0Tmm -----END PGP SIGNATURE-----