Consumer Privacy Protection

Civil Code Division 3, Part 4, Title 1.81.25 deals with the consumer privacy protection law in California.

Section 1798.91 defines the terms “direct marketing purposes,” “medical information,” “clear and conspicuous,” “in writing,” and “written consent.”

A business is prohibited from orally requesting medical information directly from an individual regardless of whether the information pertains to the individual or not, and use, share, or otherwise disclose that information for direct marketing purposes, without doing both of the specified actions prior to obtaining that information.

This section does not apply to a provider of health care, health care service plan, or contractor. It does not apply to an insurance institution, agent, or support organization when engaged in an insurance transaction.