SECTIONS 1799.2-1799.3 - California Statutes

CIVIL CODE

SECTION 1799.2-1799.3

1799.2. (a) A person may initiate a civil action against a business
entity in accordance with state law whenever a business entity
violates the provisions of Section 1799.1.
(b) In any suit brought pursuant to the provisions of subdivision
(a) a business entity which has violated Section 1799.1 shall be
liable to the person in an amount equal to the actual damages
sustained by the person as a result of such violation, but in no case
less than five hundred dollars ($500), and the attendant court costs
and reasonable attorneys' fees.
(c) An action to enforce any liability created under this section
may be brought in any court of competent jurisdiction within two
years from the date on which the cause of action arose.

1799.3. (a) No person providing video recording sales or rental
services shall disclose any personal information or the contents of
any record, including sales or rental information, which is prepared
or maintained by that person, to any person, other than the
individual who is the subject of the record, without the written
consent of that individual.
(b) This section does not apply to any of the following:
(1) To a disclosure to any person pursuant to a subpoena or court
order.
(2) To a disclosure that is in response to the proper use of
discovery in a pending civil action.
(3) To a disclosure to any person acting pursuant to a lawful
search warrant.
(4) To a disclosure to a law enforcement agency when required for
investigations of criminal activity, unless that disclosure is
prohibited by law.
(5) To a disclosure to a taxing agency for purposes of tax
administration.
(6) To a disclosure of names and addresses only for commercial
purposes.
(c) Any willful violation of this section shall be subject to a
civil penalty not to exceed five hundred dollars ($500) for each
violation, which may be recovered in a civil action brought by the
person who is the subject of the records.
(d) (1) Any person who willfully violates this section on three or
more occasions in any six-month period shall, in addition, be
subject to a civil penalty not to exceed five hundred dollars ($500)
for each violation, which may be assessed and recovered in a civil
action brought in the name of the people of the State of California
by the Attorney General, by any district attorney or city attorney,
or by a city prosecutor in any city or city and county having a
full-time city prosecutor, in any court of competent jurisdiction.
(2) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the General Fund. If
the action is brought by a district attorney, the penalty collected
shall be paid to the treasurer of the county in which the judgment
was entered. If the action is brought by a city attorney or city
prosecutor, one-half of the penalty shall be paid to the treasurer of
the city in which the judgment was entered, and one-half to the
treasurer of the county in which the judgment was entered.
(e) The penalty provided by this section is not an exclusive
remedy, and does not affect any other relief or remedy provided by
law.