§ 1786.53. — 1786.53. (Amended by Stats. 2002, Ch. 1030, Sec. 7.)

California § 1786.53.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Title: 1.6A.
• Part 4.: TITLE 1.6A. INVESTIGATIVE CONSUMER REPORTING AGENCIES
• Art. 4.: ARTICLE 4. Remedies

Text

(a)
Any person who collects, assembles, evaluates, compiles, reports, transmits, transfers, or communicates information on a consumer’s character, general reputation, personnel characteristics, or mode of living, for employment purposes, which are matters of public record, and does not use the services of an investigative consumer reporting agency, shall provide that information to the consumer pursuant to subdivision (b). For purposes of this section:
(1)
“Adverse
action,” as relating to employment, means a denial of employment or any decision made for an employment purpose that adversely affects any current or prospective employee.
(2)
The term “person” does not include an agency subject to the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8).
(3)
“Public records” means records documenting an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment.
(b)
(1)
Any person described in subdivision (a), or any person who receives information pursuant to subdivision (a), shall provide a copy of the related public record to the consumer within seven days after receipt of the information, regardless of whether the information is received in a written or oral form.
(2)
Any person shall provide on any job application form, or any other written form, a box that, if checked by the consumer, permits the consumer to waive his or her right to receive a copy of any public record obtained pursuant to this section.
(3)
If any person obtains a public record pursuant to this section for the purpose of conducting an investigation for suspicion of wrongdoing or misconduct by the subject of the investigation, the person may withhold the information until the completion of the investigation. Upon completion, the person shall provide a copy of the public record pursuant to paragraph (1), unless the consumer waived his or her rights pursuant to paragraph (2).
(4)
If any person takes any adverse action as a result of receiving information pursuant to subdivision (a), the person shall provide to the
consumer a copy of the public record, regardless of whether the consumer waived his or her rights pursuant to paragraph (2).
(c)
Nothing in subdivision (a) or (b) requires any person to provide the same information to any consumer on more than one occasion.

Legislative History

Amended by Stats. 2002, Ch. 1030, Sec. 7. Effective September 28, 2002.