Health and Location Data Privacy: family planning centers and geofencing health care providers
Health & Location Privacy (AB 45)
Location · Health
Prohibits collecting, using, selling, sharing, or keeping personal information of people at or within a precise geolocation (1,850-foot radius) of a family planning center except as needed to provide requested goods or services, and bans geofencing in-person health care providers to track, collect data from, notify, or advertise to patients or staff. AB 45 (2025) also shields identifiable health research records from out-of-state and law-enforcement demands tied to reproductive care.
- Where
- California
- Citation
- Cal. Civ. Code 1798.99.90-1798.99.93 (Title 1.81.49)
- Status
- In force
- In force since
- 2026-01-01
- Last amended
- 2026-01-01
- Enforced by
- California Attorney General; aggrieved persons and family planning centers
- People can sue
- Yes
- Penalties
- Private action for treble actual damages plus fees for unlawful collection near family planning centers (1798.99.91(c)); AG civil penalty of $25,000 per geofencing violation (1798.99.92(d)).
- Applies to
- Any person collecting, using, or selling personal information of people at or near family planning centers
- Any person geofencing in-person health care providers in California
- Excludes CMIA providers and HIPAA covered entities and their contracted business associates for 1798.99.91
Practices it requires
- Do not collect, use, disclose, sell, share, or retain personal information of a person at or within a precise geolocation of a family planning center, except as needed to provide requested goods or services.Cal. Civ. Code 1798.99.91(a)-(b) · From 2026-01-01
- Do not geofence an in-person health care provider to identify, track, collect data from, notify, or advertise to people seeking, receiving, or providing care.Cal. Civ. Code 1798.99.92(a) · From 2026-01-01
- Do not sell or share personal information to a third party for prohibited geofencing, or use data obtained through it.Cal. Civ. Code 1798.99.92(b)-(c) · From 2026-01-01
- Do not release identifiable health research records in response to subpoenas or law enforcement requests aimed at enforcing other states' laws that interfere with reproductive rights.Cal. Civ. Code 1798.99.93 · From 2026-01-01
Sources
- Official text
- Cal. Civ. Code 1798.99.90 (California Legislative Information)
- Cal. Civ. Code 1798.99.91
- Cal. Civ. Code 1798.99.92
- Cal. Civ. Code 1798.99.93
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: 1798.99.90 shows 'Amended by' AB 45, implying the title existed before 2026; the earlier enactment was not identified. effective_date reflects AB 45's operative provisions.
Research reference, not legal advice.