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AB-422 Information Practices Act of 1977: definitions.(2011-2012)

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CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 422


Introduced  by  Assembly Member Silva

February 14, 2011


An act to amend Section 1798.3 of the Civil Code, relating to the Information Practices Act of 1977.


LEGISLATIVE COUNSEL'S DIGEST


AB 422, as introduced, Silva. Information Practices Act of 1977: definitions.
Existing law, known as the Information Practices Act of 1977, imposes limitations on the right of state governmental agencies to disclose personal information about an individual.
This bill would make technical, nonsubstantive changes to the definitions in that act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1798.3 of the Civil Code is amended to read:

1798.3.
 As used in this chapter, the following terms have the following meanings:

(a)The term “personal information” means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.

(b)The term “agency”

(a) “Agency” means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:
(1) The California Legislature.
(2) Any agency established under Article VI of the California Constitution.
(3) The State Compensation Insurance Fund, except as to any records which contain personal information about the employees of the State Compensation Insurance Fund.
(4) A local agency, as defined in subdivision (a) of Section 6252 of the Government Code.

(c)The term “disclose”

(b) “Disclosure” means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.

(d)The term “individual”

(c) “Individual” means a natural person.

(e)The term “maintain”

(d) “Maintain” includes maintain, acquire, use, or disclose.

(f)The term “person”

(e) “Person” means any natural person, corporation, partnership, limited liability company, firm, or association.
(f) “Personal information” means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.
(g) The term “record” “Record” means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual’s name, photograph, finger or voice print, or a number or symbol assigned to the individual.
(h) The term “system of records” “System of records” means one or more records, which pertain to one or more individuals, which is maintained by any agency, from which information is retrieved by the name of an individual or by some identifying number, symbol or other identifying particular assigned to the individual.
(i) The term “governmental entity,” Governmental entity,” except as used in Section 1798.26, means any branch of the federal government or of the local government.
(j) The term “commercial purpose” “Commercial purpose” means any purpose which that has financial gain as a major objective. It does not include the gathering or dissemination of newsworthy facts by a publisher or broadcaster.
(k) The term “regulatory agency” “Regulatory agency” means the Department of Financial Institutions, the Department of Corporations, the Department of Insurance, the Department of Real Estate, and agencies of the United States or of any other state responsible for regulating financial institutions.