Section 967 - Procedures for Destruction of CARPOS De-Identified Individual-Level Data or Identified Individual-Level Data(a) Except as provided in subdivision (b), when a Bona Fide Researcher has concluded a project and notifies the Department's Research Services of the project's completion in accordance with section 964, subdivision (l), the Bona Fide Researcher shall also simultaneously submit to the Department's Research Services, in writing, a signed and dated certificate of data destruction confirming all of the following: (1) The project title and project number.(2) The type of data to be destroyed.(3) The name of the Bona Fide Researcher.(4) Acknowledgement that all CARPOS De-Identified Individual-Level Data or Identified Individual-Level Data received from the Department's Research Services has been sanitized using one or more of the approved destruction methods listed in National Institute of Standards and Technology (NIST) Special Publication 800-88, Revision 1, Guidelines for Media Sanitation (December 2014), which is hereby incorporated by reference.(5) The date that all electronic files containing CARPOS De-Identified Individual-Level Data or Identified Individual-Level Data were destroyed.(6) The name of the witness or witnesses of the data destruction.(7) The position title of the witness or witnesses of the data destruction.(8) Acknowledgement by the Bona Fide Researcher that failure to comply with this section may result in an audit of the project associated with the CARPOS De-Identified Individual-Level Data or Identified Individual-Level Data.(9) A description of the items disposed of or destroyed.(10) An explanation of the method of destruction used.(b) When a Bona Fide Researcher notifies the Department's Research Services of the project's completion in accordance with section 964, subdivision (l), a Bona Fide Researcher may also simultaneously submit a written request to extend the time for destruction of CARPOS De-Identified Individual-Level Data or Identified Individual-Level Data for purposes of verification and validation of the research project for one additional year. Ninety (90) days before an extension expires, the Department's Research Services shall notify the Bona Fide Researcher to submit an additional request to extend the time for destruction of CARPOS De-Identified Individual-Level Data or Identified Individual-Level Data. The Bona Fide Researcher shall complete the request before the extension expires, or if an additional extension is no longer needed, submit a certificate of data destruction in accordance with subdivision (a). A Bona Fide Researcher may make up to seven requests for a total of seven years. The Department's Research Services shall authorize the extension in writing.(c) This section shall not apply if a Bona Fide Researcher submits a new Data Request Standard Application for a new project which relies on CARPOS De-Identified Individual-Level Data or Identified Individual-Level Data already in possession of the Bona Fide Researcher, and the Department's Research Services approves the new Data Request Standard Application.(d) If a Bona Fide Researcher submits a renewal for a project pursuant to section 966, the project is deemed ongoing and this section does not apply until the project is concluded.Cal. Code Regs. Tit. 11, § 967
Note: Authority cited: Sections 14231.5 and 14240, Penal Code. Reference: Sections 14231.5 and 14240, Penal Code.
Note: Authority cited: Sections 14231.5 and 14240, Penal Code. Reference: Sections 14231.5 and 14240, Penal Code.
1. New chapter 12.3 (articles 1-6), article 1 (sections 967-967.05) and section filed 3-30-99; operative 4-29-99 (Register 99, No. 14).
2. Change without regulatory effect amending subsections (a), (a)(4) and (b)-(c) filed 5-29-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 22).