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Access to Records and Administrative Remedies

According to California Civil Code Chapter 1 “Information Practices Act of 1977” Article 8 “Access to Records and Administrative Remedies” Section 1798.30. “Every organization shall either adopt regulations or publish guidance setting out the procedures to be followed with a view to fully enforcing each of the individual rights set out in the Article”.

According to the next Section of the Law 1798.32. – every person shall be entitled to inquire and be informed as to whether the organization keeps a record of him or herself. Agencies shall take reasonable steps to assist individuals in making their demands clear enough.

Also any notice sent to an individual stating that the organization keeps any records relating to that individual shall include the title and business address of the officer responsible for keeping the records, the procedures to be followed for obtaining access to the records and the procedures to be followed by an individual for contesting the contents of those records, except as given in the Notice.

What the individuals are allowed by each Agency?

Each organization shall allow an individual to request, in writing, an amendment to the record and, within 30 days of receipt of these kind of request, shall:

  • make each correction, in accordance with the individual’s request, of any portion of the record that the individual/ person considers not to be accurate, appropriate, timely or complete and notify the individual/ person of the corrections made in accordance with their request; or
  • Inform the person of his refusal to amend the record in compliance with the request of that individual/ person, the reason for the refusal, the protocols defined by the agency for the individual/ person to request a review by the head of the agency or an official explicitly appointed by the head of the denial agency, and the name, title, and business address of the reviewing officer.

When according to the Law the personal information can be disclosed?

The chapter shall not be construed as requiring an entity to reveal personal information to the person to whom the information relates if the information fulfills any of the following criteria:

  • is collected for the purpose of identifying specific criminal offenders and potential offenders and consists solely of identifying arrest data and records, the existence and disposition of criminal offenders.
  • Is collected for the purpose of a criminal investigation into suspected criminal activity, including information from informants and witnesses, and connected with an identifiable individual.
  • Is included in any document that could identify a person and is collected at any point of the criminal law enforcement process, from the arrest or conviction stage to release from supervision, including the extradition process or executive clemency proceedings.
  • 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.
  • 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.
  • This applies to the individual’s physical or psychological state, if the organization decides the disclosure would be harmful to the person. The details shall be revealed to a licensed medical practitioner or psychologist appointed by the individual upon the written permission of the individual.
  • Relates to the resolution of lawsuits for work-related illness or injury, and is administered exclusively by the State Compensation Insurance Fund.
  • The law demands that the person to whom it refers be withheld.

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