BILL NUMBER: AB 2203	CHAPTERED  08/26/02

	CHAPTER  240
	FILED WITH SECRETARY OF STATE  AUGUST 26, 2002
	APPROVED BY GOVERNOR  AUGUST 24, 2002
	PASSED THE SENATE  AUGUST 8, 2002
	PASSED THE ASSEMBLY  MAY 2, 2002
	AMENDED IN ASSEMBLY  APRIL 10, 2002

INTRODUCED BY   Assembly Member Florez

                        FEBRUARY 20, 2002

   An act to add Section 5029 to the Penal Code, relating to penal
institutions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2203, Florez.  Penal institutions:  confidentiality of
personnel information.
   Existing law provides for penal institutions and for the personnel
employed by those penal institutions.
   This bill would require the Director of Corrections to ensure that
documents, computers, or computer accessible media containing
personal information, as defined, relating to an employee of the
Department of Corrections  are not removed from any state prison
without proper authorization.  The bill would prohibit the knowing
removal of employee personal information, without proper
authorization, and would require notice to be given if removed
personal information is lost or stolen, or can no longer be accounted
for.  The bill would state the intent of the Legislature that these
provisions not interfere with various Whistleblower Protection
provisions, the authority of the Office of the Inspector General, or
the authority of the State Auditor.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5029 is added to the Penal Code, to read:
   5029.  (a) The Director of Corrections shall ensure that
documents, computers, or computer accessible media containing
personal information relating to an employee of the Department of
Corrections are not removed from the state prison without proper
authorization from the warden or his or her designee.
   (b) Any employee of the Department of Corrections who, without
proper authorization, knowingly removes personal information relating
to an employee of the Department of Corrections from the state
prison in violation of subdivision (a), or who fails to provide the
appropriate notice as required in subdivision (c), is subject to
disciplinary action.
   (c) (1) An employee who removes personal information shall, once
the employee is aware that the information either is lost or stolen
or cannot be accounted for, make a reasonable effort to immediately
notify the warden, or his or her designee, of that fact.
   (2) The warden, or his or her designee, shall attempt to notify
the employee whose personal information either is lost or stolen or
cannot be accounted for within 24 hours of receiving the notice under
paragraph (1).
   (d) For purposes of this section, "personal information" shall
have the same meaning as set forth in Section 1798.3 of the Civil
Code.
   (e) It is not the intent of the Legislature, in enacting this
section, to inhibit or prevent a person from making a disclosure of
improper governmental activity that is protected by subparagraphs (A)
and (B) of paragraph (2) of subdivision (a) of Section 6129, or by
the California Whistleblower Protection Act, Article 3 (commencing
with Section 8547) of Chapter 6.5 of Division 1 of Title 2 of the
Government Code, or by the Whistleblower Protection Act, Article 10
(commencing with Section 9149.20) of Chapter 1.5 of Part 1 of
Division 2 of Title 2 of the Government Code.  Furthermore, nothing
in this section shall be construed to interfere with the authority of
the Office of the Inspector General pursuant to Section 6126.5 of
this code, nor the authority of the State Auditor pursuant to Section
8545.2 of the Government Code.