Chapter 1 – General Administration

13030.33 Civil Remedies and Penalties

• Any individual may initiate a civil action if CDCRCalifornia Department of Corrections and Rehabilitation:

  • Refuses to comply with an individual’s lawful request to inspect their records.

  • Fails to maintain any record concerning an individual with accuracy, timeliness, and completeness where the failure results in a determination adverse to the individual about whom the information pertains.

  • Fails to comply with the IPAInformation Practices Act in such a way that it has an adverse effect on the individual about whom the information pertains.

• Court May

  • In any suit brought against CDCRCalifornia Department of Corrections and Rehabilitation, the court may:

    • Examine the contents of any record to determine whether the records may be withheld as being exempt from the individual.

    • Award to the individual reasonable attorney’s fees and other litigation costs, including payment for mental suffering, if the court’s finding is adverse to CDCRCalifornia Department of Corrections and Rehabilitation.

• Penalties

  • Penalties for noncompliance with the IPAInformation Practices Act are as follows:

    • Any employee of CDCRCalifornia Department of Corrections and Rehabilitation who intentionally violates any part of the IPAInformation Practices Act shall be subject to adverse action, including termination of employment.

    • Any person who requests or obtains any record containing personal information from CDCRCalifornia Department of Corrections and Rehabilitation under false pretenses shall be guilty of a misdemeanor and may be fined up to $5,000, or imprisoned up to one year, or both.

    • The intentional disclosure of medical, psychiatric, or psychological information is punishable as a misdemeanor if the wrongful disclosure results in economic loss or personal injury to the individual, except when the disclosure is required or permitted by law.