2009 California Education Code - Section 92630-92630.9 :: Article 4. Alumni

92630.  (a) The regents and alumni associations may distribute the
names, addresses, and electronic mail addresses of alumni of the
University of California or the Hastings College of the Law to a
business as described in subdivision (b) in order to accomplish any
or all of the following:
   (1) To provide those persons with informational materials relating
to the university or college and its programs and activities.
   (2) To provide those persons, the regents, the board of directors,
and the alumni associations with commercial opportunities that
provide a benefit to those persons, or to the regents, the board of
directors, or the alumni associations.
   (3) To promote and support the educational mission of the
university, the regents, the board of directors, or the alumni
associations.
   (b) The disclosures authorized in subdivision (a) shall be
permitted only if all of the following requirements are met:
   (1) (A) The regents, the board of directors, or the alumni
associations have a written agreement with a business, as defined in
subdivision (a) of Section 1798.80 of the Civil Code that maintains
control over this data that requires the business to maintain the
confidentiality of the names, addresses, and electronic mail
addresses of the alumni, that requires that the University of
California or the Hastings College of the Law retain the right to
approve or reject any purpose for which the private information is to
be used by the business and to review and approve the text of
mailings sent to alumni pursuant to this section, and that prohibits
the business from using the information for any purposes other than
those described in subdivision (a). The text of a mailing intended to
be sent to alumni pursuant to this section shall not be approved by
the regents or the affected alumni association unless and until the
mailing conspicuously identifies the university or the alumni
association as associated with the business described in the mailing.
   (B) If an affinity partner, as defined in Section 4054.6 of the
Financial Code, sends any message to any electronic mail address
obtained pursuant to this section, that message shall include at
least both of the following:
   (i) The identity of the sender of the message.
   (ii) A cost-free means for the recipient to notify the sender not
to electronically transmit any further message to the recipient.
   (2) The regents, the board of directors, or an alumni association
shall not disclose to, or share a consumer's nonpublic personal
information with, a business, as defined in paragraph (1), unless the
institution, association, or organization has clearly and
conspicuously notified the consumer pursuant to subdivision (c), that
the nonpublic personal information may be disclosed to the business
and that the alumnus has not directed that the nonpublic personal
information not be disclosed.
   (3) The disclosure of alumni names, addresses, and electronic mail
addresses does not include the names, addresses, and electronic mail
addresses of alumni who, pursuant to subdivision (c) or in another
manner, have directed the regents, the board of directors, or an
alumni association not to disclose their names, addresses, or
electronic mail addresses.
   (4) No information regarding either of the following is disclosed:
   (A) Any current students of the University of California or the
Hastings College of the Law.
   (B) Any alumnus who, as a student of a campus of the University of
California or the Hastings College of the Law, indicated that,
pursuant to the Family Educational Rights and Privacy Act, he or she
did not wish his or her name, address, and electronic mail address to
be disclosed.
   (c) (1) The regents, the board of directors, or the affected
alumni association shall satisfy the notice requirements of
subdivision (b) if it uses the form set forth in paragraph (2). The
form set forth in this subdivision or a form that complies with
subparagraphs (A) to (J), inclusive, of this paragraph shall be
provided by the regents, the board of directors, or the alumni
association to the alumnus as required in this subdivision, and shall
describe the nature of the information the alumnus would receive
should the alumnus choose not to opt out, so that the alumnus may
make a decision and provide direction to the regents and the alumni
association regarding the sharing of his or her name, address, and
electronic mail address:
   (A) The form uses the title "IMPORTANT PRIVACY CHOICE" and the
header, if applicable, as follows: "Restrict Information Sharing With
Affinity Partners."
   (B) The titles and headers in the form are clearly and
conspicuously displayed, and no text in the form is smaller than
10-point type.
   (C) The form is a separate document, except as provided by
subparagraph (B) of paragraph (3).
   (D) The choice or choices provided in the form are stated
separately, and may be selected by checking a box.
   (E) The form is designed to call attention to the nature and
significance of the information in the document.
   (F) The form presents information in clear and concise sentences,
paragraphs, and sections.
   (G) The form uses short explanatory sentences (an average of 15 to
20 words) or bullet lists whenever possible.
   (H) The form avoids multiple negatives, legal terminology, and
highly technical terminology whenever possible.
   (I) The form avoids explanations that are imprecise and readily
subject to different interpretations.
   (J) The form is not more than one page.
   (2) The form reads as follows:

   IMPORTANT PRIVACY CHOICE
   You have the right to control whether we share your name, address,
and electronic mail address with our affinity partners (companies
that we partner with to offer products or services to our alumni).
Please read the following information carefully before you make your
choice below:
   Your Rights
   You have the following rights to restrict the sharing of your
name, address, and electronic mail address with our affinity
partners. This form does not prohibit us from sharing your
information when we are required to do so by law. This includes
sending you information about the alumni association, the university,
or other products or services.
   Your Choice
   Restrict Information Sharing With Affinity Partners:
   Unless you say "NO," we may share your name, address, and
electronic mail address with our affinity partners. Our affinity
partners may send you offers to purchase various products or services
that we may have agreed they can offer in partnership with us.
   ( ) NO, please do not share my name, address, and electronic mail
address with your affinity partners.
   Time Sensitive Reply
    You may decide at any time that you do not want us to share your
information with our partners. Your choice marked here will remain
unless you state otherwise. However, if we do not hear from you, we
may share your name, address, and electronic mail address with our
affinity partners.
   If you decide that you do not want to receive information from our
partners, you may do one of the following:
   (1) Call this toll-free telephone number: (xxx-xxx-xxxx).
   (2) Reply electronically by contacting us through the following
Internet option: xxxxxxxxxxxx.com.
   (3) Fill out, sign, and send back this form to us at the following
address (you may want to make a copy for your records).
   Xxxxxxxxxxxxxxxxx
   Xxxxxxxxxxxxxxxxx
   Xxxxxxxxxxxxxxxxx
   Name:
   Address:
   Signature:

   (3) (A) The regents, the board of directors, or the affected
alumni association shall not be in violation of this subdivision
solely because they include in the form one or more brief examples or
explanations of the purpose or purposes for which, or the context
within which, names, addresses, and electronic mail addresses will be
shared, as long as those examples meet the clarity and readability
standards set forth in paragraph (1).
   (B) The form shall be provided to alumni in each of the following
communications:
   (i) The solicitation to students, upon their graduation, from the
regents, the board of directors, or the alumni association,
encouraging students to join the alumni association or to avail
themselves of the services or benefits of the association, shall
include the form.
   (ii) The alumni association magazine or newsletter, or both, shall
include the form on an annual or more frequent basis.
   (iii) The Web site for the alumni association shall include a link
to the form.
   (iv) A one-time mailing to all alumni on the university or college
mailing list as of January 1, 2006.
   (v) An annual electronic communication to those alumni for whom
electronic mail addresses are available.
   (4) The regents, the board of directors, or the affected alumni
associations shall provide at least two alternative cost-free means
for alumni to communicate their privacy choice, such as calling a
toll-free telephone number, or using electronic means. The regents,
the board of directors, or the alumni association shall clearly and
conspicuously disclose in the form required by this subdivision the
information necessary to direct the alumnus on how to communicate his
or her choices, including the toll-free telephone or facsimile
number or Web site address that may be used, if those means of
communication are offered.
   (5) (A) An alumnus may direct at any time that his or her name,
address, and electronic mail address not be disclosed. The regents,
the board of directors, or the affected alumni association shall
comply with the direction of an alumnus concerning the sharing of his
or her name, address, and electronic mail address within 45 days of
receipt by the regents, the board of directors, or the alumni
association. When an alumnus directs that his or her name, address,
or electronic mail address not be disclosed, that direction is in
effect until otherwise stated by the alumnus.
   (B) Nothing in this subdivision shall prohibit the disclosure of
the name, address, or electronic mail address of an alumnus as
allowed by other applicable provisions of state law.
   (6) The regents, the board of directors, or the affected alumni
association may provide a joint notice from the regents, from the
board of directors, or from one or more alumni associations, as
identified in the notice, so long as the notice is accurate with
respect to the regents or the board of directors and the alumni
association or associations participating in the joint notice.
   (d) This section shall not be construed to authorize the release
of any social security numbers.

92630.5.  This article shall apply to the University of California
only to the extent that the regents act, by resolution, to make it
applicable. This article shall apply to the Hastings College of the
Law only to the extent that the Board of Directors of the Hastings
College of the Law acts, by resolution, to make it applicable.

92630.9.  This article shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.