Crimes: invasion of privacy

Individuals can no longer bring or continue these specified claims when they arise from conduct on websites, online apps, or mobile apps. The change also reaches certain pending cases filed in the prior two years.

What the law does ​

• Reserves lawsuits for alleged violations of Penal Code Section 638.51 by private actors to the Attorney General when the alleged conduct occurred on a website, online application, or mobile application.
• Applies that limit retroactively to pending claims in actions filed within two years before the law's operative date.
• Leaves other remedies under Section 637.2 unchanged, including statutory damages of $5,000 per violation or three times actual damages, where the new limit does not apply.
• Makes the law severable so remaining provisions can continue if one part is invalidated.

Who it affects ​

• Individuals with pending or potential claims over alleged online use of pen-register or trap-and-trace devices by private actors.
• Private actors accused of those alleged online violations.
• The Attorney General, as the sole authorized plaintiff for those claims.

Context ​

The law does not alter separate protections under the Civil Code's Invasion of Privacy Act.