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"Shine the Light" Law
| Agreatnotion/sandbox | |
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 State Seal of California | |
| Citation | CA Civil Code § 1798.83 |
| Legislative history | |
| Bill title | Personal information: disclosure to direct marketers. |
| Keywords | |
| privacy | |
California's "Shine the Light" law (CA Civil Code § 1798.83[1]) is a privacy law passed by the California State Legislature in 2003. It became an active part of the California Civil Code on January 1, 2005. It is considered 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."[2] 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."[3]
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
- ^ CA Civil Code § 1798.83. Retrieved on 2011-03-01.
- ^ Electronic Privacy Information Center (EPIC). "California S.B. 27, 'Shine the Light" Law.'
- ^ California Senate Judiciary Committee.Bill Analysis, SB 27 Senate Bill, 2003. Retrieved on 2011-03-01.
Sources
Free:
- CA Civil Code 1798.83 at Justia
- California State Senate. California Senate Bill 27 (2003-4), Chaptered Version. Via CA.gov.
- Electronic Privacy Information Center. "California S.B. 27, "Shine the Light" Law." January 25, 2005.
- Nick Lieber. "Why Your Web Site's Privacy Policy Matters More Than You Think." BusinessWeek, August 12, 2009.
- Privacy Rights Clearinghouse. "California's "Shine the Light" Law Goes into Effect Jan. 1, 2005." Press Release. Posted December 29, 2004.
- ReedSmith. "Ramifications of California's "Shine the Light" Law." Client Alert, July 01, 2005.
- Anthony D. Milewski Jr. "Compliance with California Privacy Laws: Federal Law Also Provides Guidance to Businesses Nationwide." University of Washington, Shidler School of Law. 2 Shidler J. L. Com. & Tech. 19 (Apr. 14, 2006).
- California State Senate. Senate Bill 27 (2003-2004) search results
- White & Case. "Burgeoning Privacy Developments in the US." Presentation. Fifth Annual Global Privacy Symposium, April 12, 2005.
- International Association of Privacy Professionals. "California Privacy Laws Reach Beyond California." York, Maine: December 7, 2004.
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
