Section 962 - Definitions(a) "Affiliated" means that a person is an employee of a Nonprofit Bona Fide Research Institution, and is not a consultant or independent contractor for a Nonprofit Bona Fide Research Institution.(b) "Aggregated Data" means data that does not include Personal Identifying Information (PII) and is presented in summary counts and full calendar year increments to mitigate privacy risks and attempts at re-identification.(c) "Bona Fide Research" means research that is characterized by all of the following qualities: (1) The identification, evaluation, or resolution of a problem in a research Field.(2) The intent to contribute to the knowledge of a research field.(3) The utilization of scientific methods and research methodologies.(4) The reasonable expectation that the final research product may support publication in a peer-reviewed journal, program evaluation and quality improvement, or policy development.(d) "Bona Fide Researcher" means a researcher who conducts Bona Fide Research and meets all of the following requirements: (1) Possesses a Master of Science degree, Master of Arts degree, other master's degree, or higher-level degree in a field that conducts research. These fields include, but are not limited to, physical sciences, life sciences, social sciences, and medical sciences.(2) Is Affiliated with a Nonprofit Bona Fide Research Institution for Research Purposes.(3) Has research experience at an accredited university, college, or research organization.(e) "CARPOS" means the California Restraining and Protective Order System.(f) "Data Request Standard Application" means the application developed by the Department's Research Services to obtain approval to receive CARPOS De-Identified Individual-Level Data or Identified Individual-Level Data, which includes the information described in section 966 of these regulations.(g) "Department" means the Department of Justice of the State of California.(h) "De-Identified Individual-Level Data" means data, at the individual level, that does not include any PII.(i) "Entity" means any entity or person that is not a Nonprofit Bona Fide Research Institution, or Bona Fide Researcher.(j) "Identified Individual-Level Data" means data, at the individual level, that includes the PII of any individual to which the data relates.(k) "Nonprofit Bona Fide Research Institution" means an organization that employs a Bona Fide Researcher and that is characterized by all of the following qualities: (1) Is exempt from income tax under title 26 United States Code section 501, subdivision (a) or (c)(3).(2) Has the primary function of presenting formal instruction.(3) Maintains a regular faculty and curriculum.(4) Has regularly enrolled students who attend classes and other educational activities offered by the organization.(5) Is a degree-granting college or university accredited by the United States Department of Education or Council for Higher Education Accreditation.(l) "Personal Identifying Information" or "PII" has the meaning set forth in Penal Code section 530.55, subdivision (b).(m) "Peer Review" means subjecting a researcher's scholarly work, research, or ideas to the scrutiny of other researchers in the same field of research for the all of following purposes: (1) To ensure that the scholarly work meets the accepted standards of the researcher's discipline.(2) To prevent the dissemination of research that is compromised by unwarranted claims, unacceptable interpretations, or personal views.(n) "Department's Research Services" means the Department of Justice Research Services that processes data requests from internal and external requestors.(o) "Research Purposes" means analysis of data to conduct a systematic investigation, including research development, testing, or evaluation, which is designed to develop or contribute to general knowledge or education.(p) "Statistical Purposes" means statistical analysis of data to summarize and describe a population or subpopulation.(q) "Study of the Prevention of Violence" means Bona Fide Research into violence that addresses any of the following: (1) The nature of the violence, including individual and societal determinants of risk for involvement in violence, whether as a victim or a perpetrator.(2) The individual, community, and societal consequences of violence.(3) The prevention and treatment of violence at the individual, community, and societal level.(4) The scientific evidence on which sound violence prevention policies and programs can be based, including but not limited to, the effectiveness of existing laws and policies intended to reduce violence.(r) "Team Member" means any individual identified in the Data Request Standard Application, who has been authorized by the Department's Research Services to access or analyze data obtained by a Bona Fide Researcher.Cal. Code Regs. Tit. 11, § 962
Note: Authority cited: Sections 14231.5 and 14240, Penal Code. Reference: Sections 13125, 13202, 14231.5 and 14240, Penal Code.
Note: Authority cited: Sections 14231.5 and 14240, Penal Code. Reference: Sections 13125, 13202, 14231.5 and 14240, Penal Code.
1. Amendment of chapter 12 heading and new article 2 (section 962) and section filed 4-7-2022; operative 7/1/2022 (Register 2022, No. 14). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. For prior history of Chapter 12, see Register 2006, No. 26.
2. Change without regulatory effect amending subsections (f), (n) and (r) filed 5-29-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 22).