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"Shine the Light" Law

Agreatnotion/sandbox
 
State Seal of California
CitationCA Civil Code § 1798.83
Legislative history
Bill titlePersonal information: disclosure to direct marketers.
Keywords
privacy

California's "Shine the Light" law (CA Civil Code § 1798.83) is a state [privacy] law passed by the state legislature in 2003. It is one of the first attempts by a state legislature in the United States to address the practice of sharing customers' personal information for marketing purposes, also known as "list brokerage."[1] The law requires companies to disclose how customers' personal information is used unless they enable customers to opt out of information sharing altogether.

History

sponsored by Liz Figueroa, substantially amended, anything I can find re: debate around its passage.

"Transparency is the touchstone of consumer confidence in information handling... Because privacy is, by definition, so intensely personal, for a consumer to make a rational and informed and personal choice to opt-in, opt-out, or simply take their business elsewhere, the consumer must know the "who, what, where and when" of how a business handles personal information."[2]


Requirements

discuss what it specifically outlines

Under the "Shine the Light" law, California defines the following items as "personal information" whose sharing must be disclosed to customers:


The law contains a few exceptions for information-sharing among different companies of the same brand.

Online privacy policies often include language targeted specifically at California residents.

Criticism

Not sure if there is any but it would be worth including if I can find anything.

References

  1. ^ Electronic Privacy Information Center (EPIC). "California S.B. 27, "Shine the Light" Law."
  2. ^ [http://info.sen.ca.gov/pub/03-04/bill/sen/sb_0001-0050/sb_27_cfa_20030916_115403_sen_comm.html California Senate Judiciary Committee. Bill Analysis, SB 27 Senate Bill (2003).

Sources

Free:

Behind Pay Walls:

  • Margaret Betzel. "Privacy Law Developments in California." I/S: A Journal of Law and Policy for the Information Society, The Ohio State University (2 ISJLP 831). Fall, 2006.
  • Corey Ciocchetti. "Just Click Submit: The Collection, Dissemination, and Tagging of Personally Identifying Information." Vanderbilt Journal of Entertainment and Technology Law (10 Vand. J. Ent. & Tech. L. 553), Spring, 2008.
  • http://en.wikipedia.org/wiki/Template:Infobox_Legislation
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