Section 2087 - Disclosure of Information(a) General. Information about a person and contained in files maintained by the board shall be disclosed only as provided in this section. Only personal or confidential information collected or originated by the board may be disclosed. Any information contained in board files which was collected or originated by another agency or department shall not be disclosed, but the person requesting the information shall be referred to the originating agency. This section shall not apply to life prisoner parole consideration files. (See Penal Code Section 3042.)(b) Nonpersonal Information. (1) Disclosures. Nonpersonal information may be disclosed to anyone who has a legitimate reason for needing the information. Prior to disclosure of the information, the identity of the person requesting and the reason for needing the information shall be established. In disclosing nonpersonal information the board shall ensure that the information is needed for a legitimate reason and that the person requesting it will use the information only as it pertains to that need.
(c) Personal Information. (1) Disclosures. (A) Personal information may be disclosed to persons other than the subject of the information as follows: 1. Consent. a. To anyone if the subject of the information has given written voluntary consent within 30 days of the requested disclosure or within the time limits specified in the consent;b. To the subject's guardian or conservator upon adequate verification that the person is the guardian or conservator;c. To a member of a committee of the legislature or to a legislator if the subject has consented to the disclosure. Consent may be implied if the subject has written to the legislator requesting information or assistance.2. Employees. To officials, employees and volunteers in the board or the department, if the disclosure is necessary for the performance of their functions and relates to a purpose for which the information was collected.3. Public Agencies.a. To a person or state agency if the transfer is necessary for the transferee to perform its statutory or constitutional duties, the transfer is compatible with a purpose for which the information was collected, and the transfer is listed in the OIP Notice;b. To a federal or local agency when required by state law;c. To a law enforcement agency when required for the investigation of unlawful activity, unless disclosure is otherwise prohibited by law;d. To another person or governmental organization when necessary to obtain information for a board investigation of a failure to comply with a state law the board is responsible for enforcing;e. To the State Archives as a record which has sufficient historical or other value to warrant its preservation, or for evaluation by the Director of General Services or his designee to determine whether the record has other value.4. Researchers. a. To a person who has provided adequate written assurance that the information shall be used solely for statistical research if the information is disclosed in a manner that will not identify any subject of the information;b. To the University of California or nonprofit educational institution which has provided adequate assurance of the need for the information, procedures for protecting the information, and assurance that the identity of any individuals shall not be disclosed in identifiable form.5. Compelling Circumstances. Pursuant to a determination by the board that compelling circumstances exist which affect the health or safety of the subject if notice of the disclosure is transmitted to the subject of the information at his last known address.6. Courts. To any person pursuant to a court order if prior to the disclosure, the board reasonably attempts to notify the subject of the disclosure and notice is not prohibited by law.(d) Confidential Information. (1) Definition. Confidential information includes information which, if disclosed, would: (A) Endanger the health or safety of the subject or of other persons;(B) Endanger the security of any department institution;(C) Disclose personal or confidential information about a person other than the subject of the information when the information about the other person would not reasonably be part of the subject's knowledge or experience;(D) Impede an investigation or preclude the department or board from accomplishing its statutory purpose or function in criminal, civil or administrative matters;(E) Compromise the objectivity or fairness of the testing, appointment or promotion process;(F) Release information required by statute to be withheld from the person to whom the information pertains.(2) Disclosure. Confidential information may be disclosed as provided in subsection (c)(2).Cal. Code Regs. Tit. 15, § 2087
1. Repealer of subsections (b)(1) and (c)(1), and renumbering of subsections (b)(2) and (c)(2) to subsections (b)(1) and (c)(1) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52). Note: Authority cited: Section 5076.2, Penal Code. Reference: Sections 1798- 1798.76, Civil Code.
1. Repealer of subsections (b)(1) and (c)(1), and renumbering of subsections (b)(2) and (c)(2) to subsections (b)(1) and (c)(1) filed 12-22-82 by OAL pursuant to Government Code Section 11349.7(j) (Register 82, No. 52).