Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2147

Introduced by Assembly Member Melendez

February 20, 2014

An act to begin delete amend Section 1798.24 of the Civil end delete begin insert add Section 8310.9 to the Government end insert Code, relating to begin delete the right to privacy end delete begin insert state end insert begin insert information practices end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 2147, as amended, Melendez. begin delete Privacy: personal information: agency disclosure. end delete begin insert State government Web sites: information practices. end insert

Existing law begin delete outlines end delete begin insert prescribes end insert the procedures for begin insert state end insert agencies to follow in the collection, maintenance, and dissemination of personal information, as defined, in order to protect the privacy of individuals. Existing law prohibits an agency from disclosing begin delete any end delete personal information in a manner that would link the information disclosed to the individual to whom it pertains, with specified exceptions.

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This bill would require a state entity, as defined, that uses an Internet Web site to obtain information by means of an electronic form to include a specified disclosure notice clearly displayed in direct proximity above the button used to submit the form. The disclosure would acknowledge that the information is being collected and may be shared. The bill would also prohibit a state entity using an electronic form, as described above, to utilize or share any information provided until the person entering information into the form specifically acts to submit the form.

end insert begin delete

This bill would, with regard to specified disclosures of personal information, require agencies to obtain prior written voluntary consent of the individual before releasing the personal information to an independent contractor or other worker who is not an agency employee or to a natural person or corporation, partnership, limited liability company, firm, association, or other nongovernment entity.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 8310.9 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 8310.9. end insert   

(a) For purposes of this section, “state entity” means
any agency, department, bureau, board, or commission of any
kind.

(b) A state entity that uses an Internet Web site to obtain
information by means of an electronic form shall include the
following disclosure notice clearly displayed in a minimum of
12-point boldface type, in direct proximity above the button used
to submit the form:

By submitting this form, I acknowledge that this information is
being collected by the state and may be shared with another state
agency or a private party in accordance with Section 1798.24 of
the Civil Code and the Information Practices Act of 1977 generally.

(c) A state entity that uses an Internet Web site to obtain
information by means of an electronic form shall not utilize or
share any information provided until the person entering
information into the form specifically acts to submit the form.
Information in partially completed forms that have not been
formally submitted shall not be utilized or otherwise shared.

end insert

begin delete

SECTION 1.  

Section 1798.24 of the Civil Code is amended
to read:

1798.24.  

No agency may disclose any personal information in
a manner that would link the information disclosed to the individual
to whom it pertains unless the information is disclosed, as follows:

(a) To the individual to whom the information pertains.

(b) With the prior written voluntary consent of the individual
to whom the record pertains, but only if that consent has been
obtained not more than 30 days before the disclosure, or in the
time limit agreed to by the individual in the written consent.

(c) To the duly appointed guardian or conservator of the
individual or a person representing the individual if it can be proven
with reasonable certainty through the possession of agency forms,
documents or correspondence that this person is the authorized
representative of the individual to whom the information pertains.

(d) To those officers, employees, attorneys, agents, or volunteers
of the agency that has custody of the information if the disclosure
is relevant and necessary in the ordinary course of the performance
of their official duties and is related to the purpose for which the
information was acquired, except personal information may be
disclosed to an independent contractor or other worker who is not
an agency employee only with prior written voluntary consent of
the individual pursuant to subdivision (b).

(e) To a person, or to another agency where the transfer is
necessary for the transferee agency to perform its constitutional
or statutory duties, and the use is compatible with a purpose for
which the information was collected and the use or transfer is
accounted for in accordance with Section 1798.25. For information
transferred pursuant to this subdivision the following shall apply:

(1) With respect to information transferred from a law
enforcement or regulatory agency, or information transferred to
another law enforcement or regulatory agency, a use is compatible
if the use of the information requested is needed in an investigation
of unlawful activity under the jurisdiction of the requesting agency
or for licensing, certification, or regulatory purposes by that agency.

(2) With respect to information transferred to a natural person
or a person that is a corporation, partnership, limited liability
company, firm, association, or other nongovernment entity,
personal information may be disclosed only with prior written
voluntary consent of the individual pursuant to subdivision (b).

(f) To a governmental entity when required by state or federal
law.

(g) Pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).

(h) To a person who has provided the agency with advance,
adequate written assurance that the information will be used solely
for statistical research or reporting purposes, but only if the
information to be disclosed is in a form that will not identify any
individual.

(i) Pursuant to a determination by the agency that maintains
information that compelling circumstances exist that affect the
health or safety of an individual, if upon the disclosure notification
is transmitted to the individual to whom the information pertains
at his or her last known address. Disclosure shall not be made if
it is in conflict with other state or federal laws.

(j) To the State Archives as a record that has sufficient historical
or other value to warrant its continued preservation by the
California state government, or for evaluation by the Director of
General Services or his or her designee to determine whether the
record has further administrative, legal, or fiscal value.

(k) To any person pursuant to a subpoena, court order, or other
compulsory legal process if, before the disclosure, the agency
reasonably attempts to notify the individual to whom the record
pertains, and if the notification is not prohibited by law.

(l) To any person pursuant to a search warrant.

(m) Pursuant to Article 3 (commencing with Section 1800) of
Chapter 1 of Division 2 of the Vehicle Code.

(n) For the sole purpose of verifying and paying government
health care service claims made pursuant to Division 9
(commencing with Section 10000) of the Welfare and Institutions
Code.

(o) To a law enforcement or regulatory agency when required
for an investigation of unlawful activity or for licensing,
certification, or regulatory purposes, unless the disclosure is
otherwise prohibited by law.

(p) To another person or governmental organization to the extent
necessary to obtain information from the person or governmental
organization as necessary for an investigation by the agency of a
failure to comply with a specific state law that the agency is
responsible for enforcing.

(q) To an adopted person and is limited to general background
information pertaining to the adopted person’s natural parents,
provided that the information does not include or reveal the identity
of the natural parents.

(r) To a child or a grandchild of an adopted person and
disclosure is limited to medically necessary information pertaining
to the adopted person’s natural parents. However, the information,
or the process for obtaining the information, shall not include or
reveal the identity of the natural parents. The State Department of
Social Services shall adopt regulations governing the release of
information pursuant to this subdivision by July 1, 1985. The
regulations shall require licensed adoption agencies to provide the
same services provided by the department as established by this
subdivision.

(s) To a committee of the Legislature or to a Member of the
Legislature, or his or her staff when authorized in writing by the
member, where the member has permission to obtain the
information from the individual to whom it pertains or where the
member provides reasonable assurance that he or she is acting on
behalf of the individual.

(t) (1) To the University of California, a nonprofit educational
institution, or, in the case of education-related data, another
nonprofit entity, conducting scientific research, provided the
request for information is approved by the Committee for the
Protection of Human Subjects (CPHS) for the California Health
and Human Services Agency (CHHSA) or an institutional review
board, as authorized in paragraphs (4) and (5). The approval
required under this subdivision shall include a review and
determination that all the following criteria have been satisfied:

(A) The researcher has provided a plan sufficient to protect
personal information from improper use and disclosures, including
sufficient administrative, physical, and technical safeguards to
protect personal information from reasonable anticipated threats
to the security or confidentiality of the information.

(B) The researcher has provided a sufficient plan to destroy or
return all personal information as soon as it is no longer needed
for the research project, unless the researcher has demonstrated
an ongoing need for the personal information for the research
project and has provided a long-term plan sufficient to protect the
confidentiality of that information.

(C) The researcher has provided sufficient written assurances
that the personal information will not be reused or disclosed to
any other person or entity, or used in any manner, not approved
in the research protocol, except as required by law or for authorized
oversight of the research project.

(2) The CPHS or institutional review board shall, at a minimum,
accomplish all of the following as part of its review and approval
of the research project for the purpose of protecting personal
information held in agency databases:

(A) Determine whether the requested personal information is
needed to conduct the research.

(B) Permit access to personal information only if it is needed
for the research project.

(C) Permit access only to the minimum necessary personal
information needed for the research project.

(D) Require the assignment of unique subject codes that are not
derived from personal information in lieu of social security
numbers if the research can still be conducted without social
security numbers.

(E) If feasible, and if cost, time, and technical expertise permit,
require the agency to conduct a portion of the data processing for
the researcher to minimize the release of personal information.

(3) Reasonable costs to the agency associated with the agency’s
process of protecting personal information under the conditions
of CPHS approval may be billed to the researcher, including, but
not limited to, the agency’s costs for conducting a portion of the
data processing for the researcher, removing personal information,
encrypting or otherwise securing personal information, or assigning
subject codes.

(4) The CPHS may enter into written agreements to enable other
institutional review boards to provide the data security approvals
required by this subdivision, provided the data security
requirements set forth in this subdivision are satisfied.

(5) Pursuant to paragraph (4), the CPHS shall enter into a written
agreement with the institutional review board established pursuant
to Section 49079.5 of the Education Code. The agreement shall
authorize, commencing July 1, 2010, or the date upon which the
written agreement is executed, whichever is later, that board to
provide the data security approvals required by this subdivision,
provided the data security requirements set forth in this subdivision
and the act specified in paragraph (1) of subdivision (a) of Section
49079.5 are satisfied.

(u) To an insurer if authorized by Chapter 5 (commencing with
Section 10900) of Division 4 of the Vehicle Code.

(v) Pursuant to Section 280, 282, 8009, or 18396 of the Financial
Code.

This article shall not be construed to require the disclosure of
personal information to the individual to whom the information
pertains when that information may otherwise be withheld as set
forth in Section 1798.40.

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