SECTIONS 1798.79.8-1798.79.95 - California Statutes

CIVIL CODE

SECTION 1798.79.8-1798.79.95

1798.79.8. For purposes of this title:
(a) "Person or entity" means any individual, corporation,
partnership, joint venture, or any business entity, or any state or
local agency.
(b) "Personally identifying information" means:
(1) First and last name or last name only.
(2) Home or other physical address, including, but not limited to,
a street name or ZIP Code, other than an address obtained pursuant
to the California Safe At Home program or a business mailing address
for the victim service provider.
(3) Electronic mail address or other online contact information,
such as an instant messaging user identifier or a screen name that
reveals an individual's electronic mail address.
(4) Telephone number, other than a business telephone number for
the victim service provider.
(5) Social security number.
(6) Date of birth, with the exception of the year of birth.
(7) Internet protocol address or host name that identifies an
individual.
(8) Any other information, including, but not limited to, the
first and last names of children and relatives, racial or ethnic
background, or religious affiliation, that, in combination with any
other nonpersonally identifying information, would serve to identify
any individual.
(c) "Victim service provider" means a nongovernmental organization
or entity that provides shelter, programs, or services at low cost,
no cost, or on a sliding scale to victims of domestic violence,
dating violence, sexual assault, or stalking, or their children,
either directly or through other contractual arrangements, including
rape crisis centers, domestic violence shelters, domestic violence
transitional housing programs, and other programs with the primary
mission to provide services to victims of domestic violence, dating
violence, sexual assault, or stalking, or their children, whether or
not that program exists in an agency that provides additional
services.

1798.79.9. (a) In the course of awarding grants, including, but not
limited to, requests for proposals, contracts, or billing
procedures, implementing programs, or providing financial support or
assistance for the purpose of providing shelter, programs, or
services at low cost, no cost, or on a sliding scale to victims of
domestic violence, dating violence, sexual assault, or stalking, or
their children, to any victim service provider, it is unlawful for
any person or entity to request or require that victim service
provider to provide personally identifying information regarding any
of the persons to whom it is providing services, it has provided
services, or it has considered or is considering providing services.
(b) In the course of awarding grants, including, but not limited
to, requests for proposals, contracts, or billing procedures,
implementing programs, or providing financial support or assistance
for the purpose of providing shelter, programs, or services at low
cost, no cost, or on a sliding scale to victims of domestic violence,
dating violence, sexual assault, or stalking, or their children, to
any victim service provider, it is unlawful for any person or entity
to request or require that victim service provider to use any
computer software, computer program, computer protocol, or other
computer system that requires the disclosure of personally
identifying information regarding any of the persons to whom it is
providing services, it has provided services, or it has considered or
is considering providing services.
(c) Nothing in this section is intended to prevent the collection
of information for statistical purposes that are necessary for the
proper administration of the grant, program, or financial assistance,
provided that collection does not require the disclosure of
information that would serve to identify any specific individual.

1798.79.95. Injunctive relief shall be available to any victim
service provider aggrieved by a violation of this title. The
prevailing plaintiff in any action commenced under this section shall
be entitled to recover court costs and reasonable attorney's fees if
the victim service provider has provided notice of this section and
the asserted violation of this section to the defendant and the
defendant has failed to cease the violation within five business days
of receiving that notice.