Cal. R. 2.541

As amended through July 24, 2024

Rule 2.541 - Identity verification, identity management, and user access

(a)Identity verification required

Before allowing a person or entity eligible under the rules in article 4 to have remote access to electronic records, a court must verify the identity of the person seeking access.

(b)Responsibilities of the courts

A court that allows persons eligible under the rules in article 4 to have remote access to electronic records must have an identity verification method that verifies the identity of, and provides a unique credential to, each person who is permitted remote access to the electronic records. The court may authorize remote access by a person only if that person's identity has been verified, the person accesses records using the name and password provided to that individual, and the person complies with the terms and conditions of access, as prescribed by the court.

(c)Responsibilities of persons accessing records

A person eligible to remotely access electronic records under the rules in article 4 may be given such access only if that person:

(1) Provides the court with all of the information it needs to identify the person to be a user;

(2) Consents to all conditions for remote access required by article 4 and the court; and

(3) Is authorized by the court to have remote access to electronic records.

(d)Responsibilities of government entities

(1) If a person is accessing electronic records on behalf of a government entity, the government entity must approve granting access to that person, verify the person's identity, and provide the court with all the information it needs to authorize that person to have access to electronic records.

(2) If a person accessing electronic records on behalf of a government entity leaves his or her position or for any other reason is no longer entitled to access, the government entity must immediately notify the court so that the court can terminate the person's access.

(e)Vendor contracts, statewide master agreements, and identity and access management systems

A court may enter into a contract with a vendor to provide identity verification, identity management, or user access services. Alternatively, courts may use a statewide identity verification, identity management, or access management system, if available, or a statewide master agreement for such systems, if available.

Cal. R. Ct. 2.541

Rule 2.541 adopted effective 1/1/2019.