Fearless and Compassionate Defense

New Privacy Laws in California

BY : Chastaine | Jones
Written by: Chastaine | Jones

California is a state that is concerned with the privacy of its citizens. This year there were several new Privacy laws signed into law and going into effect January 1, 2015.

Use of Drones: Drones are being used at an ever-increasing rate by people for all kinds of purposes. Some are good and other not so much. The new Civil Code section 1708.8 precludes the use of any device, including drones, from recording private personal or familial activities. This means that your fence still means something.

The governor, however, vetoed a bill that would have prohibited law enforcement from using drones to monitor people’s activities without a warrant. This is a hotly debated issue and I expect that it will be addressed again.

Increased penalties for stalking and harassment: Last year bills were passed that increased the criminal penalties and created a civil remedy for harassing the children of high-profile celebrities. This year, Civil Code section 1708.7 was expanded to include conduct intended to put the plaintiff “under surveillance.” Civil Code section 1708.9 was added, rendering actionable the use of force, threat of force or violent physical obstruction to attempt to or actually “injure, intimidate, or interfere with, any person attempting to enter or exit” a public of private school hospital or other health facility. This might run in conflict with the recent Supreme Court ruling regarding abortion clinics.

“Revenge pornography.” Revenge pornography is the non-consensual online publication of explicit images by an ex romantic partner. Penal Code section 647 was amended to allow the prosecution of a defendant who should have known that the subject of the photos did not consent to their distribution. Civil Code section 1708.85 was added to create a private right of action for revenge porn victims to sue their ex-partner for the distribution the pictures. There is no longer a requirement that the plaintiff/victim prove emotional distress.

Mug Shots. A new law was passed that prevents companies from posting mug shots in order to require people to pay to remove the photos off the internet. Civil Code section 1798.91 makes it unlawful to solicit or accept payment to remove, correct or modify mug shots.

Share This Story

Do you find this topic fascinating? It's likely that your friends share the same interest! Consider sharing this story on your social media to help others in their search for reliable information.
Contact Chastaine | Jones Today

Proven criminal defense team ready to fight for you!

Get to know our experienced criminal defense attorneys, Martin Jones, Mike Chastaine, and Jessica Davis. Do you need legal advice? Contact our Gold River criminal defense law firm today!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
uploadmagnifiercrossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram