Chapter 1 – General Administration

13030.15 Accounting for Disclosures

• Each operational unit within CDCRCalifornia Department of Corrections and Rehabilitation, including headquarters, division offices/sections/ units, field offices, facilities, and parole regions, shall keep an accurate accounting of the date, nature, and purpose of each disclosure made under the following circumstances:

  • To persons or government entities when required by them to perform their constitutional or statutory duties. The use must be compatible with a purpose for which the personal information was collected.

  • To a governmental entity when required by State or federal law.

  • Under compelling circumstances which affect the health or safety of an individual.

  • Under a subpoena, court order, or other compulsory legal process.

  • Under a search warrant.

  • To a law enforcement or regulatory government entity when required for an investigation of unlawful activity or for licensing, certification, or regulatory purposes, unless otherwise prohibited by law.

  • To a person or government entity to the extent necessary to obtain information from the person or entity as necessary for an investigation by the person or entity of a failure to comply with a specific state law which that person or entity is responsible for enforcing.

• Also Include

  • The accounting shall also include the name, title, and business address of the person or government entity to which the disclosure was made. Routine disclosures pertaining to crimes, offenders, and suspected offenders to law enforcement or regulatory government entities of federal, State, and local government require an accurate accounting. However, if disclosure is made to a government entity when required by state of federal law, it shall be sufficient to record the date of disclosure, the law enforcement or regulatory government entity requesting disclosure, and the purpose of the disclosure (e.g., investigation, licensing, certification, or regulatory purposes).

  • A CDC Form 819, IPAInformation Practices Act Personal Information Disclosure Log, shall be used to record disclosures. It shall be retained in the individual’s file for three years from the date of disclosure or until the record is destroyed, whichever is earlier. The individual about whom information is disclosed is entitled to inspect this document, except information that is exempt pursuant to DOMDepartment Operations Manual 13030.19.