2009 California Civil Code - Section 1798.30-1798.44 :: Article 8. Access To Records And Administrative Remedies

CIVIL CODE
SECTION 1798.30-1798.44

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 individuals set forth in this
article.

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 reasonable steps to assist individuals
in making their requests sufficiently specific.
   Any notice sent to an individual which in any way indicates that
the agency maintains any record concerning that individual shall
include the title and business address of the agency official
responsible for maintaining the records, the procedures to be
followed to gain access to the records, and the procedures to be
followed for an individual to contest the contents of these records
unless the individual has received this notice from the agency during
the past year.
   In implementing the right conferred by this section, an agency may
specify in its rules or regulations reasonable times, places, and
requirements for identifying an individual who requests access to a
record, and for disclosing the contents of a record.

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 review of the record, and shall not
exceed ten cents ($0.10) per page, unless the agency fee for copying
is established by statute.

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 information in any record
containing personal information and maintained by reference to an
identifying particular assigned to the individual within 30 days of
the agency's receipt of the request for active records, and within 60
days of the agency's receipt of the request for records that are
geographically dispersed or which are inactive and in central
storage. Failure to respond within these time limits shall be deemed
denial. In addition, the individual shall be permitted to inspect any
personal information about himself or herself where it is maintained
by reference to an identifying particular other than that of the
individual, if the agency knows or should know that the information
exists. The individual also shall be permitted to inspect the
accounting made pursuant to Article 7 (commencing with Section
1798.25).
   (b) The agency shall permit the individual, and, upon the
individual's request, another person of the individual's own choosing
to inspect all the personal information in the record and have an
exact copy made of all or any portion thereof within 15 days of the
inspection. It may require the individual to furnish a written
statement authorizing disclosure of the individual's record to
another person of the individual's choosing.
   (c) The agency shall present the information in the record in a
form reasonably comprehensible to the general public.
   (d) Whenever an agency is unable to access a record by reference
to name only, or when access by name only would impose an
unreasonable administrative burden, it may require the individual to
submit such other identifying information as will facilitate access
to the record.
   (e) When an individual is entitled under this chapter to gain
access to the information in a record containing personal
information, the information or a true copy thereof shall be made
available to the individual at a location near the residence of the
individual or by mail, whenever reasonable.

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) Make each correction in accordance with the individual's
request of any portion of a record which the individual believes is
not accurate, relevant, timely, or complete and inform the individual
of the corrections made in accordance with their request; or
   (b) Inform the individual of its refusal to amend the record in
accordance with such individual's request, the reason for the
refusal, the procedures established by the agency for the individual
to request a review by the head of the agency or an official
specifically designated by the head of the agency of the refusal to
amend, and the name, title, and business address of the reviewing
official.

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 agency or an official specifically
designated by the head of such agency, and, not later than 30 days
from the date on which the individual requests such review, complete
such review and make a final determination unless, for good cause
shown, the head of the agency extends such review period by 30 days.
If, after such review, the reviewing official refuses to amend the
record in accordance with the request, the agency shall permit the
individual to file with the agency a statement of reasonable length
setting forth the reasons for the individual's disagreement.

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 portion of the record which is
disputed and make available copies of such individual's statement and
copies of a concise statement of the reasons of the agency for not
making the amendment to any person or agency to whom the disputed
record has been or is disclosed.

1798.38.  If information, including letters of recommendation,
compiled for the purpose of determining suitability, eligibility, or
qualifications for employment, advancement, renewal of appointment or
promotion, status as adoptive parents, or for the receipt of state
contracts, or for licensing purposes, was received with the promise
or, prior to July 1, 1978, with the understanding that the identity
of the source of the information would be held in confidence and the
source is not in a supervisory position with respect to the
individual to whom the record pertains, the agency shall fully inform
the individual of all personal information about that individual
without identification of the source. This may be done by providing a
copy of the text of the material with only such deletions as are
necessary to protect the identity of the source or by providing a
comprehensive summary of the substance of the material. Whichever
method is used, the agency shall insure that full disclosure is made
to the subject of any personal information that could reasonably in
any way reflect or convey anything detrimental, disparaging, or
threatening to an individual's reputation, rights, benefits,
privileges, or qualifications, or be used by an agency to make a
determination that would affect an individual's rights, benefits,
privileges, or qualifications. In institutions of higher education,
"supervisory positions" shall not be deemed to include chairpersons
of academic departments.

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 information meets any of the following
criteria:
   (a) Is compiled for the purpose of identifying individual criminal
offenders and alleged offenders and consists only of identifying
data and notations of arrests, the nature and disposition of criminal
charges, sentencing, confinement, release, and parole and probation
status.
   (b) Is compiled for the purpose of a criminal investigation of
suspected criminal activities, including reports of informants and
investigators, and associated with an identifiable individual.
   (c) Is contained in any record which could identify an individual
and which is compiled at any stage of the process of enforcement of
the criminal laws, from the arrest or indictment stage through
release from supervision and including the process of extradition or
the exercise of executive clemency.
   (d) Is maintained for the purpose of an investigation of an
individual's fitness for licensure or public employment, or of a
grievance or complaint, or a suspected civil offense, so long as the
information is withheld only so as not to compromise the
investigation, or a related investigation. The identities of
individuals who provided information for the investigation may be
withheld pursuant to Section 1798.38.
   (e) Would compromise the objectivity or fairness of a competitive
examination for appointment or promotion in public service, or to
determine fitness for licensure, or to determine scholastic aptitude.
   (f) Pertains to the physical or psychological condition of the
individual, if the agency determines that disclosure would be
detrimental to the individual. The information shall, upon the
individual's written authorization, be disclosed to a licensed
medical practitioner or psychologist designated by the individual.
   (g) Relates to the settlement of claims for work related illnesses
or injuries and is maintained exclusively by the State Compensation
Insurance Fund.
   (h) Is required by statute to be withheld from the individual to
whom it pertains.
   This section shall not be construed to deny an individual access
to information relating to him or her if access is allowed by another
statute or decisional law of this state.

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 inform the individual in writing of the
agency's finding that disclosure is not required by law.
   (b) Except as provided in subdivision (c), each agency shall
conduct a review of its determination that particular information is
exempt from access pursuant to Section 1798.40, within 30 days from
the receipt of a request by an individual directly affected by the
determination, and inform the individual in writing of the findings
of the review. The review shall be conducted by the head of the
agency or an official specifically designated by the head of the
agency.
   (c) If the agency believes that compliance with subdivision (a)
would seriously interfere with attempts to apprehend persons who are
wanted for committing a crime or attempts to prevent the commission
of a crime or would endanger the life of an informant or other person
submitting information contained in the record, it may petition the
presiding judge of the superior court of the county in which the
record is maintained to issue an ex parte order authorizing the
agency to respond to the individual that no record is maintained. All
proceedings before the court shall be in camera. If the presiding
judge finds that there are reasonable grounds to believe that
compliance with subdivision (a) will seriously interfere with
attempts to apprehend persons who are wanted for committing a crime
or attempts to prevent the commission of a crime or will endanger the
life of an informant or other person submitting information
contained in the record, the judge shall issue an order authorizing
the agency to respond to the individual that no record is maintained
by the agency. The order shall not be issued for longer than 30 days
but can be renewed at 30-day intervals. If a request pursuant to this
section is received after the expiration of the order, the agency
must either respond pursuant to subdivision (a) or seek a new order
pursuant to this subdivision.

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 may be contained in the record.
To comply with this section, an agency shall, in disclosing
information, delete from disclosure such information as may be
necessary. This section shall not be construed to authorize
withholding the identities of sources except as provided in Sections
1798.38 and 1798.40.

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 under Section 1798.40. To comply
with this section, an agency may, in disclosing personal information
contained in a record, delete from the disclosure any exempt
information.

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 state governmental entity, or
governmental entity to obtain this information.


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