BILL NUMBER: AB 2091	CHAPTERED
	BILL TEXT

	CHAPTER  205
	FILED WITH SECRETARY OF STATE  AUGUST 27, 2010
	APPROVED BY GOVERNOR  AUGUST 27, 2010
	PASSED THE SENATE  AUGUST 2, 2010
	PASSED THE ASSEMBLY  AUGUST 9, 2010
	AMENDED IN SENATE  JUNE 29, 2010
	AMENDED IN SENATE  JUNE 14, 2010

INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 18, 2010

   An act to add Section 6254.19 to the Government Code, relating to
public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2091, Conway. Public records: information security.
   The California Public Records Act requires state and local
agencies to make their records available for public inspection and to
make copies available upon request and payment of a fee unless those
records are exempt from disclosure.
   This bill would exempt from disclosure under the act the
information security records of a public agency if, on the facts of
the particular case, disclosure of those records would reveal
vulnerabilities to, or otherwise increase the potential for an attack
on, an information technology system of a public agency.
   The California Constitution requires a statute limiting the public'
s right of access to information concerning the public's business to
be adopted with findings demonstrating the interest protected and the
need for protecting that interest.
   This bill would make a legislative finding to that effect.


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

  SECTION 1.  Section 6254.19 is added to the Government Code, to
read:
   6254.19.  Nothing in this chapter shall be construed to require
the disclosure of an information security record of a public agency,
if, on the facts of the particular case, disclosure of that record
would reveal vulnerabilities to, or otherwise increase the potential
for an attack on, an information technology system of a public
agency. Nothing in this section shall be construed to limit public
disclosure of records stored within an information technology system
of a public agency that are not otherwise exempt from disclosure
pursuant to this chapter or any other provision of law.
  SEC. 2.  The Legislature finds and declares that this act imposes a
limitation on the public's right of access to writings of public
officials and agencies within the meaning of Section 3 of Article I
of the California Constitution. Pursuant to that constitutional
provision, the Legislature makes the following finding to demonstrate
the interest protected by this limitation and the need for
protecting that interest: The Legislature finds and declares that in
order to protect the integrity of public agency information systems,
it is necessary to limit the public's access to the information
security records of a public agency.