2009 California Civil Code - Section 1798.60-1798.69 :: Article 11. Miscellaneous Provisions

SECTION 1798.60-1798.69

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 law.

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) Nothing in this chapter shall prohibit the release of only
names and addresses of persons applying for licenses to engage in
professional occupations for the sole purpose of providing those
persons with informational materials relating to available
professional educational materials or courses.

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 such agency need not remove the
individual's name if such name is exclusively used by the agency to
directly contact the individual.

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 Constitution.

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 Administrative Manual for the
purposes of this chapter shall be considered to be maintained by the
agency which deposited the record and shall continue to be subject
to the provisions of this chapter. The Director of General Services
shall not disclose the record except to the agency which maintains
the record, or pursuant to rules established by such agency which are
not inconsistent with the provisions of this chapter.
   (b) Each agency record pertaining to an identifiable individual
which was or is transferred to the State Archives as a record which
has sufficient historical or other value to warrant its continued
preservation by the California state government, prior to or after
July 1, 1978, shall, for the purposes of this chapter, be considered
to be maintained by the archives.

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 exist:
   (a) The request is made during the period January 1 through June
30; and
   (b) The records requested are stored on magnetic tape.

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 from disclosing information relating
to the identity of the person against whom such lien or encumbrance
has been recorded for the purpose of distinguishing such person from
another person bearing the same or a similar name.

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 a district attorney.
   A district attorney may petition a court of competent jurisdiction
to require disclosure of information when an agency fails or refuses
to provide the requested information within 10 working days of a
request. The court may require the agency to permit inspection unless
the public interest or good cause in withholding such records
clearly outweighs the public interest in disclosure.
   (b) Disclosure of information to a district attorney under the
provisions of this chapter shall effect no change in the status of
the records under any other provision of law.

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 are holding licenses or
permits issued by, the State Board of Equalization except to the
extent necessary to verify resale certificates or to administer the
tax and fee provisions of the Revenue and Taxation Code.
   (b) Nothing in this section shall prohibit the release by the
State Board of Equalization to, or limit the use by, any federal or
state agency, or local government, of any data collected by the board
that is otherwise authorized by law.

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