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Definition[]

Australia[]

Personal information is:

information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.[1]

California[]

Personal information is:

(g) . . . an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:
(1) Social security number.
(2) Driver's license number or California Identification Card number.
(3) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account.
(4) Medical information.
(5) Health insurance information.

(h)(1) For purposes of this section, 'personal information' does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.[2]

Personal information

means either of the following:
(1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted:
(A) Social security number.
(B) Driver's license number or California identification card number.
(C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account.
(D) Medical information.
(E) Health insurance information.
(F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5.
(2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account.[3]

Personal information

(1) means information that identifies, relates to, describes, Is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:
(A) Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers.
(B) Any personal information described in subdivision (e) of Section 1798.80.
(C) Characteristics of protected classifications under California or federal iaw.
(D) Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
(E) Biometric information.
(F) Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an internet website, application, or advertisement.
(G) Geolocation data.
(H) Audio, electronic, visual, thermal, olfactory, or similar information.
(I) Professional or employment-related information.
(J) Education information, defined as information that is not publicly available personally Identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C, section 1232g, 34C.F.R, Part 99).
(K) Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
(L) Sensitive personal information.

(2) "Personal information" does not include publicly available information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this paragraph, "publicly available" means: information that is lawfully made available from federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfulty made available to the general public by the consumer or from widely distributed media, or by the consumer; or information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience. "Publicly available" does not mean biometric information collected by a business about a consumer without the consumer's knowledge. "Personal information" does not Include consumer information that is deidentifled or aggregate consumer information.[4]

General[]

Personal information is

individually identifiable information about an individual collected online, including:
(a) A first and last name;
(b) A home or other physical address including street name and name of a city or town;
(c) Online contact information as defined in this section;
(d) A screen or user name where it functions in the same manner as online contact information, as defined in this section;
(e) A telephone number;
(f) A Social Security number;
(g) A persistent identifier that can be used to recognize a user over time and across different websites or online services. Such persistent identifier includes, but is not limited to, a customer number held in a cookie, an Internet Protocol (IP) address, a processor or device serial number, or unique device identifier;
(h) A photograph, video, or audio file where such file contains a child's image or voice;
(i) Geolocation information sufficient to identify street name and name of a city or town; or
(j) Information concerning the child or the parents of that child that the operator collects online from the child and combines with an identifier described in this definition.[5]

Nevada[]

1. "Personal information" means a natural person's first name or first initial and last name in combination with any one or more of the following data elements, when the name and data elements are not encrypted:
(a) Social security number.
(b) Driver's license number, driver authorization card number or identification card number.
(c) Account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to the person's financial account.
(d) A medical identification number or a health insurance identification number.
(e) A user name, unique identifier or electronic mail address in combination with a password, access code or security question and answer that would permit access to an online account.
2. The term does not include the last four digits of a social security number, the last four digits of a driver's license number, [or] the last four digits of a driver authorization card number or the last four digits of an identification card number or publicly available information that is lawfully made available to the general public from federal, state or local governmental records.[6]

References[]

  1. Privacy Act 1988, §6.
  2. Cal. Civ. Code §1798.29(g).
  3. Cal. Civ. Code § 1798.82(h).
  4. Cal. Civ. Code § 1798.140(v).
  5. 16 C.F.R. Part 312.2.
  6. Nev. Rev. Stat. §603A.040.

See also[]

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