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2 ISJLP 831 (2005-2006)
Privacy Law Developments in California

handle is hein.journals/isjlpsoc2 and id is 863 raw text is: Privacy Law Developments in California MARGARET BETZEL* ABSTRACT This article discusses the privacy laws of California. The primary goal of the article is to assist businesses and organizations that operate on a national scope to know when and where the California privacy laws apply. Therefore, the article frequently compares California law with federal law. The article will address 5 major topics: (1) California's constitutional right to privacy, (2) California's law on the collection and management of information, (3) California's internet and computer privacy laws, (4) California's criminal law as it relates to privacy, and (5) California's Office of Privacy Protection. I. INTRODUCTION According to the Federal Trade Commission, California had 45,175 reported victims of identity theft in 2005.1 This calculates to 125 victims per 100,000 people in California's population.2 This statistic places California as the state with the third highest number of victims of identity theft, behind Nevada, and Arizona. To counteract this growing problem, California has led the nation in the development of privacy laws. This article will address these new privacy laws. However, this article will go beyond merely describing these new laws. The goal of this article is to assist businesses and organizations that operate on a national scope by identifying when and where the California privacy laws apply. This article is divided into five major sections: 1. The first section discusses California's constitutional right to privacy and how it relates to the right to privacy under the United States Constitution. * The author received her J.D. from The Ohio State University Moritz College of Law in 2006. The author would like to thank Peter Swire for his assistance and guidance in this article. 1 Office of the Attorney General, Identity Theft, http://ag.ca.gov/idtheft/ (last visited July 29, 2006). 2id.

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