Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 7601 - DefinitionsIn addition to the definitions set forth in Civil Code section 1798.99.80:
(a) "Direct relationship" means that a consumer intentionally interacts with a business for the purpose of obtaining information about, accessing, purchasing, using, or requesting the business's products or services within the preceding three years. A consumer does not have a "direct relationship" with a business if the purpose of their engagement is to exercise any right described under Title 1.81.5 of Part 4 of Division 3 of the Civil Code, or for the business to verify the consumer's identity. A business is still a data broker if it has a direct relationship with a consumer but also sells personal information about the consumer that the business did not collect directly from the consumer.(b) "Minor" means a consumer the data broker has actual knowledge is less than 16 years of age. A business that willfully disregards the consumer's age shall be deemed to have had actual knowledge of the consumer's age.(c) "Register" means when a data broker or its agent submits all the information required by section 7603 and pays the annual registration fee required by section 7600.(d) "Registration period" means January 1-31 of each calendar year.(e) "Reproductive health care data" means any of the following: (1) Information about a consumer searching for, accessing, procuring, using, or otherwise interacting with goods or services associated with the human reproductive system, which includes goods such as contraception (e.g., condoms, birth-control pills), pre-natal and fertility vitamins and supplements, menstrual-tracking apps, and hormone-replacement therapy. It also includes, but is not limited to, services such as sperm- and egg-freezing, In Vitro Fertilization, abortion care, vasectomies, sexual health counseling; treatment or counseling for sexually transmitted infections, erectile dysfunction, and reproductive tract infections; and precise geolocation information about such treatments.(2) Information about the consumer's sexual history and family planning, which includes information a consumer inputs into a dating app about their history of sexually transmitted infections or desire to have children is considered sexual history and family planning information.(3) Inferences about the consumer with respect to (1) or (2).Cal. Code Regs. Tit. 11, § 7601
Note: Authority cited: Section 1798.99.87, Civil Code. Reference: Sections 1798.99.80 and 1798.99.82, Civil Code.
1. New article 2 (sections 7601-7605) and section filed 12-26-2024; operative 12/26/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 52).