TITLE 1.8. PERSONAL DATA [1798. - 1798.78.]
Title 1.8 added by Stats. 1977, Ch. 709.
§§ 1798–1798.78 · 64 sections
CHAPTER 1. Information Practices Act of 1977 §§ 1798–1798.78 · 64 sections
ARTICLE 1. General Provisions and Legislative Findings §§ 1798–1798.1 · 2 sections
ARTICLE 2. Definitions § 1798.3 · 1 section
- § 1798.3 As used in this chapter: (a) The term “personal information” means any information that is maintained by an agency that identifies or describes an individual,…
ARTICLE 5. Agency Requirements §§ 1798.14–1798.23 · 10 sections
- § 1798.14 Each agency shall maintain in its records only personal information which is relevant and necessary to accomplish a purpose of the agency required or…
- § 1798.15 Each agency shall collect personal information to the greatest extent practicable directly from the individual who is the subject of the information rather…
- § 1798.16 (a) Whenever an agency collects personal information, the agency shall maintain the source or sources of the information, unless the source is the data subject…
- § 1798.17 Each agency shall provide on or with any form used to collect personal information from individuals the notice specified in this section. When contact with the…
- § 1798.18 Each agency shall maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness. Such standard need not be met…
- § 1798.19 Each agency when it provides by contract for the operation or maintenance of records containing personal information to accomplish an agency function, shall…
- § 1798.20 Each agency shall establish rules of conduct for persons involved in the design, development, operation, disclosure, or maintenance of records containing…
- § 1798.21 Each agency shall establish appropriate and reasonable administrative, technical, and physical safeguards to ensure compliance with the provisions of this…
- § 1798.22 Each agency shall designate an agency employee to be responsible for ensuring that the agency complies with all of the provisions of this chapter.
- § 1798.23 The Department of Justice shall review all personal information in its possession every five years commencing July 1, 1978, to determine whether it should…
ARTICLE 6. Conditions of Disclosure §§ 1798.24–1798.24b · 3 sections
- § 1798.24 An agency shall not disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains unless the…
- § 1798.24a Notwithstanding Section 1798.24, information may be disclosed to any city, county, city and county, or district, or any officer or official thereof, if a…
- § 1798.24b (a) Notwithstanding Section 1798.24, except subdivision (v) thereof, information shall be disclosed to the protection and advocacy agency designated by the…
ARTICLE 7. Accounting of Disclosures §§ 1798.25–1798.29 · 5 sections
- § 1798.25 (a) Each agency shall keep an accurate accounting of the date, nature, and purpose of each disclosure of a record made pursuant to subdivision (i), (k), (l),…
- § 1798.26 With respect to the sale of information concerning the registration of any vehicle or the sale of information from the files of drivers’ licenses, the…
- § 1798.27 Each agency shall retain the accounting made pursuant to Section 1798.25 for at least three years after the disclosure for which the accounting is made, or…
- § 1798.28 Each agency, after July 1, 1978, shall inform any person or agency to whom a record containing personal information has been disclosed during the preceding…
- § 1798.29 (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following…
ARTICLE 8. Access to Records and Administrative Remedies §§ 1798.30–1798.44 · 14 sections
- § 1798.30 Each agency shall either adopt regulations or publish guidelines specifying procedures to be followed in order fully to implement each of the rights of…
- § 1798.32 Each individual shall have the right to inquire and be notified as to whether the agency maintains a record about himself or herself. Agencies shall take…
- § 1798.33 Each agency may establish fees to be charged, if any, to an individual for making copies of a record. Such fees shall exclude the cost of any search for and…
- § 1798.34 (a) Except as otherwise provided in this chapter, each agency shall permit any individual upon request and proper identification to inspect all the personal…
- § 1798.35 Each agency shall permit an individual to request in writing an amendment of a record and, shall within 30 days of the date of receipt of such request: (a)…
- § 1798.36 Each agency shall permit any individual who disagrees with the refusal of the agency to amend a record to request a review of such refusal by the head of the…
- § 1798.37 The agency, with respect to any disclosure containing information about which the individual has filed a statement of disagreement, shall clearly note any…
- § 1798.38 If information, including letters of recommendation, compiled for the purpose of determining suitability, eligibility, or qualifications for employment,…
- § 1798.39 Sections 1798.35, 1798.36, and 1798.37 shall not apply to any record evidencing property rights.
- § 1798.40 This chapter shall not be construed to require an agency to disclose personal information to the individual to whom the information pertains, if the…
- § 1798.41 (a) Except as provided in subdivision (c), if the agency determines that information requested pursuant to Section 1798.34 is exempt from access, it shall…
- § 1798.42 In disclosing information contained in a record to an individual, an agency shall not disclose any personal information relating to another individual which…
- § 1798.43 In disclosing information contained in a record to an individual, an agency need not disclose any information pertaining to that individual which is exempt…
- § 1798.44 This article applies to the rights of an individual to whom personal information pertains and not to the authority or right of any other person, agency, other…
ARTICLE 9. Civil Remedies §§ 1798.45–1798.53 · 8 sections
- § 1798.45 An individual may bring a civil action against an agency whenever such agency does any of the following: (a) Refuses to comply with an individual’s lawful…
- § 1798.46 In any suit brought under the provisions of subdivision (a) of Section 1798.45: (a) The court may enjoin the agency from withholding the records and order the…
- § 1798.47 Any agency that fails to comply with any provision of this chapter may be enjoined by any court of competent jurisdiction. The court may make any order or…
- § 1798.48 In any suit brought under the provisions of subdivision (b) or (c) of Section 1798.45, the agency shall be liable to the individual in an amount equal to the…
- § 1798.49 An action to enforce any liability created under Sections 1798.45 to 1798.48, inclusive, may be brought in any court of competent jurisdiction in the county in…
- § 1798.50 A civil action shall not lie under this article based upon an allegation that an opinion which is subjective in nature, as distinguished from a factual…
- § 1798.51 Where a remedy other than those provided in Articles 8 and 9 is provided by law but is not available because of lapse of time an individual may obtain a…
- § 1798.53 Any person, other than an employee of the state or of a local government agency acting solely in his or her official capacity, who intentionally discloses…
ARTICLE 10. Penalties §§ 1798.55–1798.57 · 3 sections
- § 1798.55 The intentional violation of any provision of this chapter or of any rules or regulations adopted thereunder, by an officer or employee of any agency shall…
- § 1798.56 Any person who willfully requests or obtains any record containing personal information from an agency under false pretenses shall be guilty of a misdemeanor…
- § 1798.57 Except for disclosures which are otherwise required or permitted by law, the intentional disclosure of medical, psychiatric, or psychological information in…
ARTICLE 11. Miscellaneous Provisions §§ 1798.60–1798.69 · 9 sections
- § 1798.60 An individual’s name and address may not be distributed for commercial purposes, sold, or rented by an agency unless such action is specifically authorized by…
- § 1798.61 (a) Nothing in this chapter shall prohibit the release of only names and addresses of persons possessing licenses to engage in professional occupations. (b)…
- § 1798.62 Upon written request of any individual, any agency which maintains a mailing list shall remove the individual’s name and address from such list, except that…
- § 1798.63 The provisions of this chapter shall be liberally construed so as to protect the rights of privacy arising under this chapter or under the Federal or State…
- § 1798.64 (a) Each agency record which is accepted by the Director of General Services for storage, processing, and servicing in accordance with provisions of the State…
- § 1798.66 The time limits specified in Article 8 (commencing with Section 1798. 30) may be extended to 60 days by the Franchise Tax Board if the following conditions…
- § 1798.67 Where an agency has recorded a document creating a lien or encumbrance on real property in favor of the state, nothing herein shall prohibit any such agency…
- § 1798.68 (a) Information which is permitted to be disclosed under the provisions of subdivision (e), (f), or (o), of Section 1798.24 shall be provided when requested by…
- § 1798.69 (a) Except as provided in subdivision (b), the State Board of Equalization may not release the names and addresses of individuals who are registered with, or…
ARTICLE 12. Construction With Other Laws §§ 1798.70–1798.78 · 9 sections
- § 1798.70 This chapter shall be construed to supersede any other provision of state law, including Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of…
- § 1798.71 This chapter shall not be deemed to abridge or limit the rights of litigants, including parties to administrative proceedings, under the laws, or case law, of…
- § 1798.72 Nothing in this chapter shall be construed to authorize the disclosure of any record containing personal information, other than to the subject of such…
- § 1798.73 Nothing in this chapter shall be construed to deny or limit any right of privacy arising under Section 1 of Article I of the California Constitution.
- § 1798.74 The provisions of Chapter 13 (commencing with Section 67110) of Part 40 of the Education Code shall, with regard to student records, prevail over the…
- § 1798.75 This chapter shall not be deemed to supersede Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, except as to the provisions of…
- § 1798.76 Nothing in this chapter shall be construed to revoke, modify, or alter in any manner any statutory provision or any judicial decision which (a) authorizes an…
- § 1798.77 Each agency shall ensure that no record containing personal information shall be modified, transferred, or destroyed to avoid compliance with any of the…
- § 1798.78 This chapter shall not be deemed to supersede the provisions of Chapter 1299 of the Statutes of 1976.