Los Angeles, CA asked in Collections and Communications Law for California

Q: When is it okay for the State of California to send out personal information to a unknown number in a text message ?

2 Lawyer Answers
Leon Bayer
Leon Bayer
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: Your question is simply too vague and too broad. You will get a better chance of a helpful answer by adding some specifics, such as what kind of info was sent, and who received it.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Collections Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, it is generally not permissible for state agencies to disclose personal information to third parties without the consent of the individual in question, unless there is a specific legal exception or requirement to do so.

In some cases, a state agency may be required to provide personal information to an individual in response to a public records request, or may be authorized to share information with certain third parties for law enforcement or other purposes.

However, if the State of California is sending personal information, such as social security numbers or financial information, to an unknown number in a text message, this could potentially be a violation of state and federal privacy laws.

If you believe that your personal information has been compromised or misused by a state agency, you may want to contact an attorney who specializes in privacy and data security issues. You may also want to file a complaint with the relevant state or federal agencies that oversee privacy and data security, such as the California Attorney General's Office or the Federal Trade Commission.

Here are some relevant California codes related to the disclosure of personal information:

California Civil Code Section 1798.24: Provides that state agencies may not disclose personal information to any third party unless there is a legal requirement or exception to do so.

California Civil Code Section 1798.80 et seq.: Known as the California Consumer Privacy Act (CCPA), this law regulates the collection, use, and disclosure of personal information by certain businesses that operate in California.

California Government Code Section 6250 et seq.: Known as the California Public Records Act (CPRA), this law provides that government records are generally available for public inspection and requires state and local agencies to provide access to public records upon request.

California Penal Code Section 530.5: Makes it a crime for a person or entity to obtain, retain, or use personal identifying information of another person without that person's consent.

Here are links to the relevant California codes:

California Civil Code Section 1798.24: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1798.24.

California Civil Code Section 1798.80 et seq. (CCPA): https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.81.5.&part=4.&chapter=&article=.

California Government Code Section 6250 et seq. (CPRA): https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&chapter=3.5.&article=.

California Penal Code Section 530.5: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=530.5.

It's important to note that these codes are provided for informational purposes only and do not constitute legal advice. The application of these laws to any particular situation will depend on the specific facts and circumstances involved. If you have specific legal questions or concerns, it is recommended that you consult with an attorney who can provide guidance based on your specific circumstances.

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