California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Subchapter 5 - Personnel
Article 6 - Information Practices
Section 3450 - Personal Information Record Access and Amendment

Universal Citation: 15 CA Code of Regs 3450

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Any person on whom the department maintains a record or file containing personal information has the right to inspect their record or authorize any person to inspect such records on their behalf and to request amendment to correct outdated, inaccurate or incomplete information.

(1) Requests to inspect a record shall be submitted in writing to the office or official responsible for maintaining the record.

(2) Requests to amend a record or file shall be submitted in writing, including documentary evidence to support the proposed amendment, to the source of the contested information, or if the source is not available, to the office or official responsible for maintaining the record.

(b) The denial of a request to amend information may be appealed in writing first to the institution head or headquarters' division head and then to the director, and shall include all documentation pertaining to the requested amendment. Incarcerated and supervised persons may appeal the denial of a request using the incarcerated/supervised person appeal process established in these regulations.

(c) When an individual's appeal of the request decision is denied, they may submit to the office or official responsible for maintaining the record a statement of disagreement for placement in the record or file. The statement shall normally be limited to three pages and shall remain a part of the record for as long as the disputed information is retained.

(d) No incarcerated or supervised person shall prepare, handle, or destroy any portion of a departmental record containing confidential information as that term is defined in Section 3321.

(e) No incarcerated or supervised person shall prepare, handle, or destroy any portion of a departmental record containing personal information except:

(1) As provided for in Section 3041(e), or

(2) Their copies of such records provided to them by the Department.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Section 1798.20, Civil Code.

Note: Authority cited: Section 5058, Penal Code. Reference: Section 5054, Penal Code; and Section 1798.20, Civil Code.

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