Habeas Data – Datos Personales – Privacidad

California adopta ley sobre RFID

Posted: octubre 19th, 2007 | Author: | Filed under: EEUU, Normas, RFID | Comentarios desactivados

El gobernador de California Arnold Schwarzenegger promulgó la ley de RFID (Senate Bill 362) que prohibe a empleadores y otras personas la implantación de chips RFID en seres humanos. La ley entra en vigencia el 1ero de enero de 2008 y sigue leyes similares aprobadas en los estados de Wisconsin y North Dakota.

Texto de la norma

BILL NUMBER: SB 362 CHAPTERED
BILL TEXT

CHAPTER 538
FILED WITH SECRETARY OF STATE OCTOBER 12, vitamin 2007
APPROVED BY GOVERNOR OCTOBER 12, 2007
PASSED THE SENATE AUGUST 30, 2007
PASSED THE ASSEMBLY AUGUST 27, 2007
AMENDED IN ASSEMBLY JUNE 27, 2007
AMENDED IN SENATE APRIL 24, 2007
AMENDED IN SENATE APRIL 9, 2007
AMENDED IN SENATE MARCH 26, 2007

INTRODUCED BY Senator Simitian

FEBRUARY 20, 2007

An act to add Section 52.7 to the Civil Code, relating to
identification devices.

LEGISLATIVE COUNSEL’S DIGEST

SB 362, Simitian. Identification devices: subcutaneous implanting.

Existing law accords every person the right of protection from
bodily restraint or harm, from personal insult, from defamation, and
from injury to his or her personal relations, subject to the
qualifications and restrictions provided by law.
This bill would prohibit a person from requiring, coercing, or
compelling any other individual to undergo the subcutaneous
implanting of an identification device, as defined. The bill would
provide for the assessment of civil penalties for a violation
thereof, as specified, and would allow an aggrieved party to bring an
action against a violator for damages and injunctive relief, subject
to a 3-year statute of limitation, or as otherwise provided.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 52.7 is added to the Civil Code, to read:
52.7. (a) Except as provided in subdivision (g), a person shall
not require, coerce, or compel any other individual to undergo the
subcutaneous implanting of an identification device.
(b) (1) Any person who violates subdivision (a) may be assessed an
initial civil penalty of no more than ten thousand dollars
($10,000), and no more than one thousand dollars ($1,000) for each
day the violation continues until the deficiency is corrected. That
civil penalty may be assessed and recovered in a civil action brought
in any court of competent jurisdiction. The court may also grant a
prevailing plaintiff reasonable attorney’s fees and litigation costs,
including, but not limited to, expert witness fees and expenses as
part of the costs.
(2) A person who is implanted with a subcutaneous identification
device in violation of subdivision (a) may bring a civil action for
actual damages, compensatory damages, punitive damages, injunctive
relief, any combination of those, or any other appropriate relief.
(3) Additionally, punitive damages may also be awarded upon proof
of the defendant’s malice, oppression, fraud, or duress in requiring,
coercing, or compelling the plaintiff to undergo the subcutaneous
implanting of an identification device.
(c) (1) An action brought pursuant to this section shall be
commenced within three years of the date upon which the
identification device was implanted.
(2) If the victim was a dependent adult or minor when the
implantation occurred, actions brought pursuant to this section shall
be commenced within three years after the date the plaintiff, or his
or her guardian or parent, discovered or reasonably should have
discovered the implant, or within eight years after the plaintiff
attains the age of majority, whichever date occurs later.
(3) The statute of limitations shall not run against a dependent
adult or minor plaintiff simply because a guardian ad litem has been
appointed. A guardian ad litem’s failure to bring a plaintiff’s
action within the applicable limitation period will not prejudice the
plaintiff’s right to do so.
(4) A defendant is estopped to assert a defense of the statute of
limitations when the expiration of the statute is due to conduct by
the defendant inducing the plaintiff to delay the filing of the
action, or due to threats made by the defendant causing duress upon
the plaintiff.
(d) Any restitution paid by the defendant to the victim shall be
credited against any judgment, award, or settlement obtained pursuant
to this section. Any judgment, award, or settlement obtained
pursuant to an action under this section shall be subject to the
provisions of Section 13963 of the Government Code.
(e) The provisions of this section shall be liberally construed so
as to protect privacy and bodily integrity.
(f) Actions brought pursuant to this section are independent of
any other actions, remedies, or procedures that may be available to
an aggrieved party pursuant to any other law.
(g) This section shall not in any way modify existing statutory or
case law regarding the rights of parents or guardians, the rights of
children or minors, or the rights of dependent adults.
(h) For purposes of this section:
(1) “Identification device” means any item, application, or
product that is passively or actively capable of transmitting
personal information, including, but not limited to, devices using
radio frequency technology.
(2) “Person” means an individual, business association,
partnership, limited partnership, corporation, limited liability
company, trust, estate, cooperative association, or other entity.
(3) “Personal information” includes any of the following data
elements to the extent they are used alone or in conjunction with any
other information used to identify an individual:
(A) First or last name.
(B) Address.
(C) Telephone number.
(D) E-mail, Internet Protocol, or Web site address.
(E) Date of birth.
(F) Driver’s license number or California identification card
number.
(G) Any unique personal identifier number contained or encoded on
a driver’s license or identification card issued pursuant to Section
13000 of the Vehicle Code.
(H) Bank, credit card, or other financial institution account
number.
(I) Any unique personal identifier contained or encoded on a
health insurance, health benefit, or benefit card or record issued in
conjunction with any government-supported aid program.
(J) Religion.
(K) Ethnicity or nationality.
(L) Photograph.
(M) Fingerprint or other biometric identifier.
(N) Social security number.
(O) Any unique personal identifier.
(4) “Require, coerce, or compel” includes physical violence,
threat, intimidation, retaliation, the conditioning of any private or
public benefit or care on consent to implantation, including
employment, promotion, or other employment benefit, or by any means
that causes a reasonable person of ordinary susceptibilities to
acquiesce to implantation when he or she otherwise would not.
(5) “Subcutaneous” means existing, performed, or introduced under
or on the skin.


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