Chapter 1 – General Administration

13040.14 Exemptions from Disclosure

• Records exempt from public disclosure include, but are not limited to, the following:

  • Working Documents

    • Preliminary drafts, notes, memorandums, etc., which are not retained in the ordinary course of business, are exempt from disclosure provided that the public interest in withholding the record clearly outweighs the public interest in disclosure.

  • Litigation Records

    • Records pertaining to pending litigation in which CDCRCalifornia Department of Corrections and Rehabilitation is a party or to claims made under the California Tort Claims Act are exempt from disclosure until the pending litigation or claim has been finally adjudicated or otherwise settled. Records specifically created by the lawyer or agency (attorney work-product) for the litigation are exempt from disclosure.

  • Unwarranted Invasions of Privacy

    • Personnel, medical, or similar files are exempt from disclosure if disclosure would constitute an unwarranted invasion of personal privacy or would cause disclosure of exempt personal information under DOMDepartment Operations Manual, Chapter 1, Article 15, Information Practices.

  • Examination Data

    • Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination, except as provided in the Education Code 99150(4), are exempt from disclosure.

  • Prohibitions in Other Laws

    • Records are exempt from disclosure when provisions of federal or state law, including, but not limited to, provisions of the Evidence Code 1040, et seq., relating to privilege, and of the Information Practices Act, Civil Code 1798, et seq., prohibit disclosure or establish an exemption from disclosure. See also DOMDepartment Operations Manual, Chapter 1, Article 15, Information Practices.

  • Financial Data

    • Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with the licensing agency to establish his or her personal qualification for a license, certificate, or permit applied for are exempt from disclosure.

  • Complaints, Investigations, and Intelligence Records

    • Records of complaints to, investigations by, or intelligence information or security files of CDCRCalifornia Department of Corrections and Rehabilitation, or such information in the possession of CDCRCalifornia Department of Corrections and Rehabilitation, but compiled by another state or local agency for correctional, law enforcement, or licensing purposes are exempt from disclosure. This exemption shall include plans and operating procedures that protect the internal security of CDCRCalifornia Department of Corrections and Rehabilitation and its operational units.

  • Adult Probation Reports

    • Disclosure of adult probation reports to the public is prohibited.

  • Analysis and Conclusions of Investigating Officers

    • The portion of investigative files that reflect the analysis and conclusions of the investigating officer are exempt from disclosure.

  • Extradition and Clemency Records

    • All records compiled in the process of extradition or the exercise of executive clemency are exempt from disclosure.

  • Correspondence of and to the Governor’s Office

    • Correspondence of and to the Governor or employees of the Governor’s office are exempt from public disclosure.

  • Balancing of Public Interests

    • A record is exempt from public disclosure if CDCRCalifornia Department of Corrections and Rehabilitation demonstrates that based on the facts of a particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. (Note: prior approval by the Governor’s office is required whenever CDCRCalifornia Department of Corrections and Rehabilitation plans to invoke the balancing of public interests exemption. CDCRCalifornia Department of Corrections and Rehabilitation’s Office of Legal Affairs shall facilitate the notification to the Governor’s office upon notification from a PRAPublic Records Act Coordinator of CDCRCalifornia Department of Corrections and Rehabilitation’s intention to invoke this exemption).