Compendium of State Privacy and Security Legislation: 1997 Overview - California; Penal Code

• NCJ Number: 170040
• Date Published: May 1997
• Publication Type: Publication

Annotation

This is a 1997 overview of California law pertinent to the privacy and security of criminal justice information.

Abstract

The California Code includes a section that expands the degree of protection afforded to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. A code provision pertinent to the sealing and destruction of arrest records allows that in any case in which a person has been arrested and no accusatory pleading has been filed, the person arrested may petition the law enforcement agency having jurisdiction over the offense to destroy the records of the arrest. Chapter 1 of Title 1 of the California Penal Code addresses the investigation, identification, and information responsibilities of the California Department of Justice. A provision on the dissemination of criminal records requires that such records can be disseminated, whether directly or through any intermediary, only to such agencies statutorily authorized to receive such information. An article on criminal identification and statistics specifies what identification information shall be collected on arrestees, how such records are to be managed and maintained, and the conditions under which such records can be accessed and disseminated. A separate article specifies the duties of the Bureau of Criminal Statistics. Other pertinent articles of the code address the duties of public agencies and officers, the reporting of criminal justice information, information service, and the inspection of public records. Also included in this compendium is Title 1.8 of the California Civil Code, which pertains to the administration and accessing of personal data. Laws pertinent to accessing public records for various background checks for employment are included in the compendium as well.