California Enacts Data and Privacy Laws
New disclosure laws related to direct marketing and privacy are pending in California, according to wire service reports. Two laws that become effective in 2005 apply to lists and directories and another bill still pending would affect telemarketing.
Starting next year direct marketers will be required to disclose upon request to residents of California information concerning the release their personal data. Another new law will require cell phone companies to get permission before publishing the numbers of California residents.
The major change Civil Code 1798.83, a new direct marketing statue applies to companies that disclose information such as name, address, e-mail, products purchased and other data, according to attorneys at the law firm Morrison & Foerster LLP. It requires companies to disclose to consumers the type of information about them that has been released.
The law requires companies that sell products and services by mail, telephone and Internet to California residents to designate a toll-free telephone or fax number, postal or e-mail address for consumers to submit requests for information concerning personal data releases.
A separate wireless directory consent law requires cell phone companies to obtain signed and dated written consent from consumers before publishing cell phone numbers in directories. It also requires companies to inform consumers that they will be responsible for paying for unsolicited telemarketing calls a text messages if they choose to be in published directories.
Another proposed disclosure law is pending. The state legislature has approved and presented a bill to Gov. Arnold Schwarzenegger for his signature or veto, which would require telemarketers to disclose to consumers the location of call centers based overseas, if a consumer asks.
