2010 California Code
Government Code
Chapter 3.25. Online Privacy For Reproductive Health Services Providers, Employees, Volunteers, And Patients

6218.  (a) (1) No person, business, or association shall knowingly
publicly post or publicly display on the Internet the home address,
home telephone number, or image of any provider, employee, volunteer,
or patient of a reproductive health services facility or other
individuals residing at the same home address with the intent to do
either of the following:
   (A) Incite a third person to cause imminent great bodily harm to
the person identified in the posting or display, or to a coresident
of that person, where the third person is likely to commit this harm.
   (B) Threaten the person identified in the posting or display, or a
coresident of that person, in a manner that places the person
identified or the coresident in objectively reasonable fear for his
or her personal safety.
   (2) A provider, employee, volunteer, or patient of a reproductive
health services facility whose home address, home telephone number,
or image is made public as a result of a violation of paragraph (1)
may do either or both of the following:
   (A) Bring an action seeking injunctive or declarative relief in
any court of competent jurisdiction. If a jury or court finds that a
violation has occurred, it may grant injunctive or declarative relief
and shall award the successful plaintiff court costs and reasonable
attorney's fees.
   (B) Bring an action for money damages in any court of competent
jurisdiction. In addition to any other legal rights or remedies, if a
jury or court finds that a violation has occurred, it shall award
damages to that individual in an amount up to a maximum of three
times the actual damages, but in no case less than four thousand
dollars ($4,000).
   (b) (1) No person, business, or association shall publicly post or
publicly display on the Internet the home address or home telephone
number of any provider, employee, volunteer, or patient of a
reproductive health services facility if that individual has made a
written demand of that person, business, or association to not
disclose his or her home address or home telephone number. A demand
made under this paragraph shall include a sworn statement declaring
that the person is subject to the protection of this section and
describing a reasonable fear for the safety of that individual or of
any person residing at the individual's home address, based on a
violation of subdivision (a). A written demand made under this
paragraph shall be effective for four years, regardless of whether or
not the individual's affiliation with a reproductive health services
facility has expired prior to the end of the four-year period.
   (2) A provider, employee, volunteer, or patient of a reproductive
health services facility whose home address or home telephone number
is made public as a result of a failure to honor a demand made
pursuant to paragraph (1) may bring an action seeking injunctive or
declarative relief in any court of competent jurisdiction. If a jury
or court finds that a violation has occurred, it may grant injunctive
or declarative relief and shall award the successful plaintiff court
costs and reasonable attorney's fees.
   (3) This subdivision shall not apply to a person or entity defined
in Section 1070 of the Evidence Code.
   (c) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address, home telephone number, or
image of a provider, employee, volunteer, or patient of a
reproductive health services facility with the intent to do either of
the following:
   (A) Incite a third person to cause imminent great bodily harm to
the person identified in the posting or display, or to a coresident
of that person, where the third person is likely to commit this harm.
   (B) Threaten the person identified in the posting or display, or a
coresident of that person, in a manner that places the person
identified or the coresident in objectively reasonable fear for his
or her personal safety.
   (2) A provider, employee, volunteer, or patient of a reproductive
health services facility whose home address, home telephone number,
or image is solicited, sold, or traded in violation of paragraph (1)
may bring an action in any court of competent jurisdiction. In
addition to any other legal rights and remedies, if a jury or court
finds that a violation has occurred, it shall award damages to that
individual in an amount up to a maximum of three times the actual
damages, but in no case less than four thousand dollars ($4,000).
   (d) An interactive computer service or access software provider,
as defined in Section 230(f) of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider
intends to abet or cause bodily harm that is likely to occur or
threatens to cause bodily harm to a provider, employee, volunteer, or
patient of a reproductive health services facility or any person
residing at the same home address.
   (e) Nothing in this section is intended to preclude punishment
under any other provision of law.



6218.05.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "Reproductive health care services" means health care services
relating to the termination of a pregnancy in a reproductive health
care services facility.
   (b) "Reproductive health care services provider, employee,
volunteer, or patient" means a person who obtains, provides, or
assists, at the request of another person, in obtaining or providing
reproductive health care services, or a person who owns or operates a
reproductive health care services facility.
   (c) "Reproductive health care services facility" includes a
hospital, an office operated by a licensed physician and surgeon, a
licensed clinic or a clinic exempt from licensure, or other licensed
health care facility that provides reproductive health care services
and includes only the building or structure in which the reproductive
health care services are actually provided.
   (d) "Publicly post" or "publicly display" means to intentionally
communicate or otherwise make available to the general public.
   (e) "Image" includes, but is not limited to, any photograph, video
footage, sketch, or computer-generated image that provides a means
to visually identify the person depicted.