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Privacy Rights Lawyer
In 1972, California voters amended the California Constitution to include the right of privacy among the “inalienable” rights of all people. Since that time, California has adopted mechanisms to safeguard Californians’ privacy, including the Online Privacy Protection Act, the Privacy Rights for California Minors in the Digital World Act, and the Shine the Light law. However, consumers had no right to learn what personal information a business had collected about them and how they used it or to direct businesses not to sell their personal information.
That changed under the California Consumer Privacy Act passed two years ago in 2018. Certain businesses that collect personal data must meet consumer data privacy requirements. Businesses generally must tell consumers if they collect or sell personal data and, if so, how they use the data. Consumers can tell these businesses to not sell their personal data. However, only the California Department of Justice can seek penalties for violations of this law.
On November 3, 2020, California voters approved Initiative Measure Proposition 24 (California Privacy Rights Act of 2020). Proposition 24 permits consumers to: prevent businesses from sharing personal information, request deletion of their personal information, correct inaccurate personal information, and limit businesses’ use of "sensitive personal information," including precise geolocation, race, ethnicity, and health information. Proposition 24 establishes a new state agency (California Privacy Protection Agency). Under Proposition 24, businesses that suffer a data breach because reasonable security procedures were not in place can no longer avoid penalties by putting procedures in place within 30 days after the breach.
Currently, employers can obtain all kinds of personal information about their workers and job applicants. Proposition 24 allows employers to continue secretly gathering this information.
Nonetheless, employees do have a right of privacy under California law. For example, your employer may in certain cases violate your right to privacy if it (i) obtains detailed private information about you from a psychiatrist, (ii) searches you or your desk or locker, (iii) performs a credit check on you, or (iv) discloses your personnel records to third parties. Your former employer may in certain cases be liable for invasion of privacy if it notified third parties of the reasons your employment was terminated.Contact Us
If you believe your privacy has been violated, contact the renowned lawyers at Kokozian Law Firm, APC. 323-857-5900. Ask about our free initial consultation.