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How Much Would Information Privacy Bill Impact Your District?

By Vanessa Gonzales posted 04-05-2022 07:45 AM

  
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Assembly Bill 2677 (Gabriel) is set to be heard on April 19 in the Assembly Privacy and Consumer Protection Committee. The bill would remove the exemption for local agencies from the Information Practices Act of 1977 (the “IPA”), applying all of the requirements of the IPA to all special districts should it be signed into law. CSDA wants to hear from its members the impact this bill would have on their district operations.

 

Specifically, AB 2677 would: 

  • Require local agencies to adopt rules of conduct and policies for the retention of personal information* consistent with the applicable provisions of the State Administrative Manual and the State Information Management Manual.
  • Prohibit agencies from using records for any purpose other than the purpose for which the personal information was collected, except as required by federal law, or as authorized or required by state law.
  • Require agencies to retain the source of the personal information they collect and maintain. When collecting personal information, agencies would be required to identify:
    • The name of the agency and the division within that agency that is requesting that information,
    • The purpose for which that personal information is collected,
    • The contact information for the person responsible for maintaining the information,
    • The penalty (if any) for not disclosing the information requested,
    • The authority under which the information is being collected,
    • The potential future disclosures of that information to other agencies (including, as one example, to the federal government, if that disclosure is required by state or federal law), and
    • Include a disclosure of whether the submission of the personal information is voluntary or not.
  • Require that agencies, when collecting personal information, include a declaration of the right of access to records containing personal information which are maintained by the agency.
  • Require agencies to maintain a record of the instances when an individual's personal information has been disclosed.
  • Prohibit agencies from disclosing personal information in a manner that could reasonably result in the identification of the individual that information pertains to, except for specified purposes (including, for example, release to a branch of the federal government, if required by state or federal law).

    * “Personal information” means any information that is maintained by an agency that is reasonably capable of identifying or describing an individual, including, but not limited to, the individual’s name, social security number, physical description, genetic information, address, telephone number, IP address, online browsing history, location information, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.

 

CSDA is looking to gather feedback concerning the impact that this bill would have on its special district members. Readers are invited to share their input on this form, which will help guide CSDA’s advocacy efforts. In order to accurately gauge the potential impact of this legislation, your input is needed.

 

SHARE YOUR FEEDBACK ON THIS LEGISLATION


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