Chapter 1 – General Administration

13030.19 Exempt Personal Information Withheld From Individual

• The CDCRCalifornia Department of Corrections and Rehabilitation is not required to disclose personal information to the individual about whom the information pertains, if the information meets any of the following criteria:

  • Is compiled for the purpose of identifying individual criminal offenders and alleged offenders and consists only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status.

  • Is compiled for the purpose of a criminal investigation of suspected criminal activities, including reports of informants and investigators, and is associated with an identifiable individual.

  • Is contained in any record which could identify an individual and which is compiled at any stage of the process of enforcement of the criminal laws, from the arrest or indictment stage through release from supervision, including the process of extradition or the exercise of executive clemency.

• For Investigative Purposes

  • Is maintained for purpose of an investigation of an individual’s fitness for licensure or public employment, or of a grievance or complaint, or of a suspected civil offense, as long as the information is withheld only so as not to compromise the investigation or a related investigation. The identities of individuals who provided information for the investigation maybe withheld when the provisions of DOMDepartment Operations Manual 13030.13.3 are met.

  • Would compromise the objectivity or fairness of a competitive examination for appointment or promotion in public services, or to determine fitness for licensure, or to determine scholastic aptitude.

• Condition of Individual

  • Pertains to the physical or psychological condition of the individual, if determines that disclosure would be detrimental to the individual. The information shall, upon the individual’s written authorization, be disclosed to a licensed physician designated by the individual. When a determination is made that information is exempt under this exclusion, it shall be documented as follows:

  • For employees, a physician shall make a statement on the document (or attach a statement to the document) that disclosure of the information would be detrimental to the person about whom it was prepared.

  • For inmates/parolees, a physician shall prepare a CDC Form 128C, Medical Chrono, stating that disclosure of the information to the inmate/parolee would be detrimental. The information shall be included in ERMSElectronic Records Management System by designated staff as soon as possible.

  • Relates to the settlement of claims for work-related illnesses or injuries and is maintained exclusively by SCIFState Compensation Insurance Form.

  • Is required by statute to be withheld from the individual to whom it pertains.