Skip to main content
Find a Lawyer

California Code, Business and Professions Code - BPC § 22588

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Notwithstanding Section 22584 of the Business and Professions Code, a business providing proctoring services in an educational setting shall collect, use, retain, and disclose only the personal information strictly necessary to provide those services.

(b) This section shall not prohibit a business from collecting, using, retaining, or disclosing personal information if doing so is necessary for any of the following:

(1) To comply with federal, state, or local law.

(2) To comply with a court order or subpoena.

(3) To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, or local agency authorized by law to conduct that inquiry or investigation, or authorized to serve a subpoena or summons, as applicable.

(A) A law enforcement agency may direct a business, pursuant to a law enforcement agency-approved investigation with an active case number, not to delete a consumer's personal information, and, upon receipt of that direction, a business shall not delete the personal information for 90 days, in order to allow the law enforcement agency to obtain a court order or subpoena to obtain the consumer's personal information.

(B) A business that has received direction from a law enforcement agency not to delete a consumer's personal information that otherwise would not be permissible to retain or disclose pursuant to this section shall not use or disclose the consumer's personal information for any purpose except in response to a court order or subpoena.

(4) To cooperate with a law enforcement agency concerning conduct or activity that the business reasonably and in good faith believes to violate federal, state, or local law.

(5) To cooperate with a government agency request for emergency access to a consumer's personal information if a natural person is at imminent risk of death or serious physical injury, provided that all of the following are met:

(A) The request is approved by a high-ranking agency officer for emergency access to a consumer's personal information.

(B) The request is based on the agency's good faith determination that it has a lawful basis to access the information on a nonemergency basis.

(C) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted.

(6) To exercise or defend a legal claim.

(c) For purposes of this section, “personal information” has the same meaning as in Section 1798.140 of the Civil Code.

(d) For purposes of this section, “proctoring services” includes, but is not limited to, services offered by a business to observe, monitor, or administer an exam.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - California Code, Business and Professions Code - BPC § 22588 - last updated January 01, 2025 | https://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-22588/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard