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AB-2627 Electronically collected personal information: local agencies: the California Community Colleges: memorandum of understanding.(2021-2022)

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Date Published: 09/16/2022 02:00 PM
AB2627:v94#DOCUMENT

Assembly Bill No. 2627
CHAPTER 333

An act to add Section 53087.9 to the Government Code, relating to personal information.

[ Approved by Governor  September 15, 2022. Filed with Secretary of State  September 15, 2022. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2627, Bauer-Kahan. Electronically collected personal information: local agencies: the California Community Colleges: memorandum of understanding.
Existing law prohibits a state agency from distributing any electronically collected personal information about users to any third party without prior written permission from the user, except as specified.
This bill would authorize a local agency, at the request of the governing board of a California Community College district, to enter into a memorandum of understanding that would allow the agency and the district to share electronically collected personal information about users, unless the user has not provided informed written consent for that disclosure, for purposes of facilitating outreach to, and enrollment of, individuals in the California Community Colleges system and notifying the user of all available support resources.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 53087.9 is added to the Government Code, immediately following Section 53087.8, to read:

53087.9.
 (a) (1) A local agency, as defined in subdivision (a) of Section 6252, may, at the request of the governing board of a California Community College district, enter into a memorandum of understanding that would allow the agency and the district to share electronically collected personal information about users, subject to compliance with subdivision (a) of Section 11015.5, unless the user has not provided informed written consent for that disclosure.
(2) Electronically collected personal information provided by the local agency to the California Community College district pursuant to paragraph (1) shall only be used for facilitating outreach to, and enrollment of, individuals in the California Community Colleges system and notifying the user of all available support resources.
(3) The California Community College district shall not provide student personal information or student level data to the local agency unless it is for the purposes described in Section 76241 of the Education Code.
(4) In enacting this subdivision, it is the intent of the Legislature that a local agency comply with subdivision (a) of Section 11015.5 before distributing any electronically collected personal information.
(5) A California Community College district that enters into a memorandum of understanding pursuant to this section shall do all of the following:
(A) Comply with the United States Constitution and applicable federal laws, including the Family Educational Rights and Privacy Act of 2001 (20 U.S.C. Sec. 1232g) and its implementing regulations (34 C.F.R. 99).
(B) Comply with the California Constitution, and applicable state laws and regulations, including, but not limited to, Section 1798.24 of the Civil Code.
(C) (i) Ensure that material used by the California Community College district for outreach, enrollment, and notification of resources protects the user’s identity so that the user’s membership in the targeted population is not revealed.
(ii) To ensure that the user’s identifying information is protected, the memorandum of understanding shall stipulate that only permanent employees of the California Community College district whose job responsibilities require access to perform the functions described in clause (i) shall handle unitary data. A student classified as either an employee or volunteer shall not have access to any user identifying information.
(D) Limit the memorandum of understanding to personal identifying user data received from the local agency to the service area of the community college district. A California Community College district that receives data from the service area of another community college district shall delete the data without using it.
(6) A California Community College district shall not use the electronically collected personal information provided by the local agency for purposes of prepopulating admission applications or enrollment documents.
(7) Upon first contact with the user, the California Community College district shall notify the individual of any educational services available to them and include an opportunity to opt out of future contact. In any and all subsequent contact, the California Community College district shall notify the user of the opportunity to opt out of future contact. The California Community College district shall delete without reuse or distribution any electronically collected information upon the request by the user or when the user has enrolled at the California Community College district.
(8) A California Community College district shall not disclose the electronically collected personal information provided by the local agency.
(b) For purposes of this section, both of the following definitions apply:
(1) “Electronically collected personal information” means a user’s name, home address, home telephone number, cellular phone number, electronic mail address, and education.
(2) “User” means an individual who communicates with a state or local agency or with an agency employee or official electronically.
(c) This section does not permit an agency to act in a manner inconsistent with the standards and limitations adopted pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) or the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code).