§ 7140. General Provisions.

(a) The purpose and intent of these regulations are:

(1) To protect the right to privacy of each individual who is or has been an applicant or client of the Department. The right to privacy is a fundamental right which is protected by the California Constitution.

(2) To secure to such individuals the right to gain access to information pertaining to them which is maintained by the Department unless there is a clear and overriding public interest in withholding such information.

(3) To secure to such individuals the right to correct any misinformation that is being maintained about them by the Department.

(b) All information collected by the Department is the property of the Department provided such ownership does not abridge the rights of any individual as otherwise provided by this Subchapter.

(c) All provisions of this subchapter also apply to client-related records maintained by any individual or entity under contract with the Department as a provider of goods or services to clients of the Department.

(d) Definitions:

(1) “Access” means the availability of the case record to the applicant or client, authorized representative, and duly appointed guardian or conservator for inspection and copying.

(2) “Case Record” means any information about an applicant or client that is maintained or otherwise possessed by the Department, including but not limited to information regarding medical history, diagnostic studies, employment history, financial status, and education. Information on computer tape, computer cards, microfilm, or any other memory system, which is strictly derivative in nature and is otherwise maintained in the case record is not included. Both active and closed records or files are included. Information gathered during the course of an investigation conducted by or on behalf of the Department, and separately maintained or supervised by the Legal Office of the Department, when such information is compiled in reasonable anticipation of a civil or criminal action or an administrative adjudication, is not included.

(3) “Disclose” means to disclose, release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic, or any other means to any person or entity.

HISTORY

1. New subchapter 6 (sections 7280-7287) filed 6-4-79; effective thirtieth day thereafter (Register 79, No. 23).

2. Renumbering and amendment of former subchapter 6 (sections 7280-7287) to article 6 (sections 7140-7143.5) filed 6-21-90; operative 7-21-90 (Register 90, No. 35). For prior history, see Register 81, No. 47; and 79, No. 23.

3. Amendment of subsection (d)(1) filed 5-2-91; operative 6-1-91 (Register 91, No. 25).

Note

Note: Authority cited: Sections 19006 and 19016, Welfare and Institutions Code and Section 1798.30, Civil Code. Reference: Sections 1798 et seq., Civil Code and 34 CFR Section 361.49.