- Personally identifiable information may only be obtained through lawful means.
- The purposes for which personally identifiable data are collected shall be specified at or prior to the time of collection, and any subsequent use of the data shall be limited to and consistent with the fulfillment of those purposes previously specified.
- Personal data may not be disclosed, made available, or otherwise used for purposes other than those specified, except with the consent of the individual, or as required by law or regulation.
- Personal data collected shall be relevant to the purpose for which it is needed.
- The general means by which personal data is protected against loss, unauthorized access, use, modification, or disclosure shall be posted, unless the disclosure of those general means would compromise legitimate agency objectives or law enforcement purposes.
- Finance does not collect home or business e-mail addresses from persons who browse its website. Finance collects the domain name, Internet Protocol (IP) address, language and country, type of browser and operating system used, and date, time, and web pages visited.
Collection and Disclosure of Personal and Confidential Information
The Information Practices Act of 1977 (Civil Code Section 1798) restricts State agencies in the collection, use, maintenance, and disclosure of personal and confidential information relating to individuals. With specific exceptions, individuals may obtain copies of personal information pertaining to him/her in State records.
Responsibilities of Department Employees
- Employees responsible for the collection, maintenance, use, and dissemination of information about individuals that relates to his/her personal life, including his/her employment and medical history, financial transactions, marital status, and dependents, shall comply with the provisions of the Information Practices Act.
- Personal information shall not be requested which is not necessary and relevant to the function for which the employee is responsible.
- Inquiries and requests relating to personal records of individuals shall be responded to promptly. Reasonable assistance shall be given to individuals to facilitate locating specific records.
- Employees shall not disclose personal and confidential information relating to individuals to unauthorized persons or entities.
- Employees shall not seek out or use personal or confidential information relating to others for his/her own interest or advantage. Intentional violation of this rule may be cause for disciplinary action, including dismissal from State service.
- Employees responsible for maintenance of personal and confidential records shall take reasonable precautions to protect the confidentiality of such records to prevent unauthorized disclosure.
Access to Personal Records
All individuals who are the subject of records maintained by the Department have the right to inquire and be notified as to whether or not a record pertaining to him/her is maintained by the Department. An individual requesting access to information must make such a request in writing when the disclosure cannot be made directly to the subject of the records. Access will be at a reasonable place determined by the record holder.
- Upon proper identification, any individual who requests access to a record pertaining to himself/herself will be granted access as quickly as practical, but no later than 30 days after the request for active records or 60 days for records stored in the State Records Center. “Proper identification” may be personal recognition or photo and signature identification.
- In allowing an individual to see or obtain copies of information about himself/herself, any confidential information relating to another individual shall be deleted.
- If the Department refuses access to an individual to information pertaining to himself/herself because the information is deemed “confidential,” it shall inform the individual of that fact in writing, stating the reason for refusal.
- If an individual requests copies of records pertaining to himself/herself, said copies will be furnished directly to the individual or to another person authorized by the individual. Copies may be sent to a location or mailed to an address given by the individual requesting them. In all cases, proper identification of the requestor is necessary to ensure privacy. The fee for copying is ten (10) cents per page. The copying fee may be waived. Payment may be cash if in person, or by check or money order if by mail. Payment will be made to the holder of the record.
What Constitutes Confidential, Personal, and Non-Personal Information?
Confidential information is information withheld from the subject of the records, but shared with authorized persons and includes:
- Testing or examination material and scoring keys if the disclosure would compromise the fairness of the testing or examination process.
- Investigatory files maintained for the purpose of investigating a violation of law as long as the investigation is in progress.
- Information containing medical, psychiatric or psychological material, if the holder of the record determines that disclosure of such information would be medically or psychologically detrimental to the individual.
Personal information is information shared with the subject of the records and other authorized persons only. It includes information containing educational background, financial transactions, or employment history.
Nonpersonal information may be shared with anyone. It includes:
- Names, addresses, and telephone numbers such as agency telephone directories. This does not include home addresses or telephone numbers.
- Names, salary range, current salary, department, reporting unit, current classification, and appointment tenure (State employees only).
- Public access to materials relating to records of disciplinary actions filed or taken against employees is limited to information that becomes a matter of public record (e.g., notices filed with the State Personnel Board Hearing Office).
- An employee’s current supervisor, and with the employee’s knowledge (not necessarily consent), prospective supervisors at the point of making a hiring commitment within State service have access to those personnel records related directly to current and past performance, e.g., performance evaluations, recommendations, disciplinary actions, and attendance records. Access by prospective employers within State service will be allowed if a signed release form is provided to the Human Resources Manager, with the affected employee being notified of the disclosure. Disclosure to prospective employers outside State service will be limited to that information available to the public, unless the employee has stated in writing more information may be disclosed.
Supervisors and managers do not have access to information relative to the private life of an employee, such as marital status, dependents, salary deductions (purpose), and, with some exceptions, medical information. Persons acting on behalf of the employing department or other State agency (e.g., a person assigned to investigate a grievance or complaint) should have access to an employee’s file on a “need-to-know” basis, where the employee’s past or present experience, training, or performance is relative to the issue.
Amendment of Record
An individual may in writing request an amendment to their personal file. The request should be directed to the Chief, Administrative Services.
The response shall be given within 30 days, or 60 days if the material is filed in the State Records Center. The written response shall advise that the changes requested have been made or inform the individual of the Department’s refusal to make the changes and the reason therefore. If the individual protests the refusal to make the requested changes, the individual may file a statement setting forth the reasons for the individual’s disagreement with the record. The individual will be advised that such statement shall become a part of the individual’s record and be disclosed with any authorized disclosures of such record.
The Chief, Administrative Services, will conduct a review of a refusal to amend or of a determination that information requested is confidential.
The Department’s Chief, Administrative Services, has been designated as the Privacy Officer and Information Practices Act Coordinator for the Department.
If You Send Us E-mail
You may choose to provide us with personal information, as in e-mail with a comment or question. We use the information to improve our service to you or to respond to your request. Sometimes we forward your e-mail to other State employees who may be better able to help you, and this staff may be employed by a different agency within the State. Except for authorized law enforcement investigations or, as required by law, we do not share our e-mail with any other organizations.
We use your e-mail to respond appropriately. This may be to respond to you, to address issues you identify, to further improve our web site, or to forward the e-mail to another agency for appropriate action.
If you place an order with us, we request information from the user on our order form. A user must provide contact information (like name and shipping address) and financial information (like credit card number and expiration date). This information is used for billing purposes and to fill your order/request. If we have trouble processing an order, this contact information is used to get in touch with you.
In the State of California, laws exist to ensure that government is open and that the public has a right to access appropriate records and information possessed by State government. At the same time, there are exceptions to the public’s right to access public records. These exceptions serve various needs including maintaining the privacy of individuals. Both State and federal laws provide exceptions.
All information collected at this site becomes public record that may be subject to inspection and copying by the public, unless an exemption in law exists. In the event of a conflict between this Use Policy and the Public Records Act, the Information Practices Act, or other law governing the disclosure of records, the Public Records Act, the Information Practices Act, or other applicable law will control.
Automatic Collection of Information/Cookies
Cookies created on your computer by using this web site do not contain “personal information” and do not compromise your privacy or security. We use the cookie feature only to store a randomly generated identifying temporary tag on your computer. You can refuse the cookie or delete the cookie file from your computer by using any of the widely available methods. However, if you turn your cookie option off, you may not be able to access some of the features in our interactive applications.
The State, as developer and manager of this web site, has taken several steps to safeguard the integrity of its telecommunications and computing infrastructure, including but not limited to authentication, monitoring, auditing, and encryption. Security measures have been integrated into the design, implementation, and day-to-day practices of the entire State operating environment as part of its continuing commitment to risk management. This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided via the State’s supported web site. The technical standards governing security are enforced by the Department of Finance.
Links to Other Sites
Limitation of Liability
The State attempts to maintain the highest accuracy of content on its web site. Any errors or omissions should be reported for investigation. The State makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this web site and expressly disclaims liability for errors and omissions in the contents of this web site. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources. Reference in this web site to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the State of California, or its employees or agents.
In general, information presented on this web site, unless otherwise indicated, is considered in the public domain. It may be distributed or copied as permitted by law. However, the State does make use of copyrighted data (e.g., photographs) which may require additional permissions prior to your use. In order to use any information on this web site not owned or created by the State, you must seek permission directly from the owning (or holding) sources. The State shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this site except those submissions made under separate legal contract. The State shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this site.