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AB-3332 Agencies: access to records.(2019-2020)

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Date Published: 04/27/2020 09:00 PM
AB3332:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3332

Introduced by Assembly Member Chau

February 21, 2020

An act to amend Section 1798 of 1798.32 of, and to add Section 1798.2 to, the Civil Code, relating to privacy.


LEGISLATIVE COUNSEL'S DIGEST


AB 3332, as amended, Chau. Privacy. Agencies: access to records.
Existing law, the Information Practices Act of 1977, gives to an individual certain rights with respect to personal information, as defined, about that individual that is maintained by certain state public entities.
This bill would expressly prohibit those entities from discriminating or retaliating against an individual for exercising rights under the act. The bill would also make nonsubstantive changes to a provision in the act.

The Information Practices Act of 1977 restricts disclosure of personal information, as specified, that is contained in public records and that would otherwise be public.

This bill would make a nonsubstantive change to the provision relating to the citation of the Information Practices Act of 1977.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 1798.2 is added to the Civil Code, to read:

1798.2.
 An agency shall not discriminate or retaliate against an individual for exercising rights under this title.

SEC. 2.

 Section 1798.32 of the Civil Code is amended to read:

1798.32.
 Each (a) An individual shall have the right to inquire and be notified as to whether the agency maintains a record about himself or herself. the individual. Agencies shall take reasonable steps to assist individuals in making their requests sufficiently specific.

Any

(b) A notice sent to an individual which that in any way indicates that the agency maintains any record concerning that individual shall include the title and business address of the agency official responsible for maintaining the records, the procedures to be followed to gain access to the records, and the procedures to be followed for an individual to contest the contents of these records records, unless the individual has received this notice from the agency during the past year.

In

(c) In implementing the right conferred by this section, an agency may specify in its rules or regulations reasonable times, places, and requirements for identifying an individual who requests access to a record, record and for disclosing the contents of a record.

SECTION 1.Section 1798 of the Civil Code is amended to read:
1798.

This chapter shall be known, and may be cited, as the Information Practices Act of 1977.