SB 1400

Bill Subjects

Abstract

(1) Existing law prohibits a person, business, or association from knowingly publicly posting or publicly displaying, disclosing, or distributing on internet websites or on social media, the personal information or image of any reproductive health care services patient, provider, or assistant, or other individuals residing at the same home address with the intent to incite a 3rd person to cause imminent great bodily harm to the person identified in the posting or display, or to a coresident of that person, as specified, or to threaten the person identified in the posting or display, or a coresident of that person, as specified. Existing law establishes a cause of action for injunctive or declarative relief and for damages for a violation of this prohibition. Under existing law, if a jury or court finds that a violation has occurred, it is required to award damages to that individual in an amount up to a maximum of 3 times the actual damages, but in no case less than $4,000. This bill would increase the damages to no less than $25,000. (2) Existing law also prohibits a person, business, or association from publicly posting or publicly displaying, disclosing, or distributing, on internet websites or on social media, the personal information or image of a reproductive health care services patient, provider, or assistant if that individual, or any individual, entity, or organization authorized to act on their behalf, has made a written demand to not disclose the personal information or image. Existing law establishes a cause of action for injunctive or declarative relief for a violation of this prohibition, but does not include a cause of action for damages. This bill would authorize a reproductive health care services patient, provider, or assistant whose personal information or image is made public in violation of this prohibition to bring an action for money damages and would require a jury or court that finds that a violation has occurred to award damages to the individual in an amount up to a maximum of 3 times the actual damages, but in no case less than $25,000. (3) Existing law additionally prohibits a person, business, or association from soliciting, selling, or trading on the internet or social media the personal information or image of a reproductive health care services patient, provider, or assistant with the intent described in paragraph (1) above. Existing law establishes a cause of action for damages for a violation of this prohibition, and requires a jury or court that finds that a violation has occurred to award damages to that individual in an amount up to a maximum of 3 times the actual damages, but in no case less than $4,000. Existing law does not include a cause of action for injunctive or declarative relief for a violation of this prohibition. This bill would increase the damages to no less than $25,000. The bill would authorize a reproductive health care services patient, provider, or assistant whose personal information or image is solicited, sold, or traded in violation of this prohibition to bring an action seeking injunctive or declarative relief. The bill would authorize a jury or court that finds that a violation has occurred to grant injunctive or declarative relief and would require the jury or court to award the successful plaintiff court costs and reasonable attorney's fees.