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SANTA CLARA COUNTY CODE OF ORDINANCES: Sec. A16-8. Access to records and administrative remedies.

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. A16-8. Access to records and administrative remedies.

(a) Each agency shall promulgate rules specifying procedures to be followed in order fully to implement each of the rights of individuals set forth in this section.

(b) This section shall apply only to personal information and not confidential information, except as otherwise expressly stated in Subdivision (k) of this section.

(c) Each individual shall have the right to inquire and be notified as to whether the agency maintains a record about himself or herself. Inquiries shall specify the name or title of the system or records as filed under Subdivision (a) of Section A16-4. Agencies shall allow individuals to review the notices that they have submitted to the County Executive pursuant to Subdivision (a) of Section A16-4 and shall take other reasonable steps to assist individuals in making their requests sufficiently specific.

Any such notice sent to an individual which in any way indicates that the agency maintains any such record shall include the title and business address of the agency official responsible for maintaining the records, the procedures to be followed to gain access to the records, and the procedures to be followed for an individual to contest the contents of such records. Such information to be included in such notice to an individual shall also be included in the notice filed with the County Executive pursuant to Subdivision (a) of Section A16-4.

In implementing the right conferred by this section, an agency may specify in its rules reasonable times, places and requirements for identifying an individual who requests access to a record, and for disclosing the contents of a record.

(d) Each agency may establish fees to be charged, if any, to an individual for making copies of a record. Such fees shall exclude the cost of any search for a review of the record, and shall not exceed $0.50 per page, unless the agency fee for copying is established by statute or ordinance.

(e) (1) Each agency shall permit any individual or the authorized representative of that individual, upon request and proper identification, to inspect all the personal information in any record containing personal information, and maintained by reference to an identifying particular assigned to such individual, within 15 working days of the receipt of written request for active records, and within 60 days of the request for inactive records that are in central storage. Failure to respond within the time limits shall be deemed denial. In addition, such individual shall be permitted to inspect any record containing personal information in which an identifying particular assigned to such individual appears, if the agency knows or should know that such a record exists. This individual also shall be permitted to inspect the accounting made pursuant to Subdivision (a) or (b) of Section A16-7 of this division.

(2) The agency shall permit the individual or the authorized representative of the individual and, upon request, another person of the individual's own choosing, to accompany such individual to inspect all the personal information in the record and have an exact copy made of all or any portion thereof within 15 days of such inspection. The agency may require the individual to furnish a written statement authorizing disclosure of such individual's record in the accompanying person's presence.

(3) The agency shall present the information in the record in a form reasonably comprehensible to the general public or a written or oral interpretation of the record.

(4) Whenever an agency is unable to gain access to a record by reference to name only, or when access by name only would impose an unreasonable administrative burden, it may require the individual to submit such other identifying information as will facilitate access to the record.

(5) When an individual is entitled under this section to gain access to the information in a record containing personal information, such information or a true copy thereof, or both, shall be made available to the individual or to the authorized representative of the individual by mail whenever reasonable.

(f) Each agency shall permit an individual to request in writing an amendment of a record and shall, within 30 days of the date of receipt of such request:

(1) Make each correction in accordance with the individual's request of any portion of a record which the individual believes is not accurate, relevant, timely or complete, and inform the individual of the corrections made in accordance with their request; or

(2) Inform the individual of its refusal to amend the record in accordance with such individual's request, the reason for the refusal, the procedures established by the agency for the individual to request a review of the refusal by the head of the agency or an official specifically designated by the head of the agency, and the name, title and business address of the reviewing official.

(g) Each agency shall permit any individual who disagrees with the refusal of the agency to amend a record to request a review of such refusal by the head of the agency or an official specifically designated by the head of such agency and, not later than 30 days from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such review period by 30 days. If, after such review, the reviewing official refuses to amend the record in accordance with the request, the agency shall permit the individual to file with the agency a statement of reasonable length setting forth the reason for the individual's disagreement.

(h) The agency, with respect to any disclosure containing information about which the individual has filed a statement of disagreement, shall clearly note any portion of the record which is disputed, and make available upon request copies of such individual's statement and copies of a concise statement of the reasons of the agency for not making the amendment to any person or agency to whom the disputed record has been or is disclosed.

(i) If information, including letters of recommendation, compiled for the purpose of determining suitability, eligibility or qualifications for employment, advancement, renewal of appointment or promotion, status as adoptive parents, or for the receipt of public contracts, was received with the promise or, prior to July 1, 1979, with the understanding that the identity of the source of the information would be held in confidence, and such source is not in a supervisory position with respect to the individual to whom the record pertains, the agency shall fully inform the individual of all personal information about that individual without identification of the source. This may be done by providing a copy of the text of such material with only such deletions as are necessary to protect the identity of the source or by providing a comprehensive summary of the substance of the material. Whichever method is used, the agency shall insure that full disclosure is made to the subject of any personal information that could reasonably in any way reflect or convey anything detrimental, disparaging or threatening to an individual's reputation, rights, benefits, privileges or qualifications, or that could be used by an agency to make a determination that would affect an individual's rights, benefits, privileges or qualifications.

(j) Subdivisions (f), (g) and (h) of this section shall not apply to that portion of any record evidencing property rights.

(k) (1) Except as provided in Subdivision (k)(3) hereof, if the agency determines that information requested pursuant to Subsection (e) of this section is confidential, it shall inform the individual in writing of the agency's finding that the information contained in the record is confidential, and that disclosure of the contents is not authorized by law.

(2) Except as provided in Subdivision (k)(3) hereof, each agency, within 30 days from the receipt of a request in writing by an individual directly affected by the determination of the agency that particular information is confidential, as defined in this division, shall conduct a review of such determination and inform the individual in writing of the findings of such review. The review shall be conducted by the head of such agency or an official specifically designated by the head of such agency.

(3) If the agency believes that compliance with Subdivision (k)(1) hereof would seriously interfere with attempts to apprehend persons who are wanted for committing a crime or with attempts to prevent the commission of a crime, or would endanger the life of an informant or other person submitting information contained in the confidential record, it may petition the presiding judge of the Superior Court to issue an ex parte order authorizing the agency to respond to the individual that no record is maintained. All proceedings before the court shall be in camera. If the presiding judge finds that there are reasonable grounds to believe that compliance with Subdivision (k)(1) hereof will seriously interfere with attempts to apprehend persons who are wanted for committing a crime, or with attempts to prevent the commission of a crime, or will endanger the life of an informant or other person submitting information contained in the confidential record, the presiding judge shall issue an order authorizing the agency to respond to the individual that no record is maintained by the agency. Such order shall not be issued for longer than 30 days, but can be renewed at 30-day intervals. If a request pursuant to this section is received after the expiration of the order, the agency must either respond pursuant to Subdivision (k)(1) hereof, or seek a new order pursuant to this subdivision.

(l) In disclosing information contained in a record to an individual, an agency shall not disclose any harmful personal information relating to another individual which may be contained in such record and which came from a source other than the data subject. To comply with this section, an agency shall, in disclosing information, delete from disclosure such information as may be necessary.

(m) In disclosing information contained in a record to an individual, an agency shall not disclose any confidential information which may be contained in a record containing personal information. To comply with this section, an agency shall, in disclosing personal information contained in a record, delete from such disclosure any confidential information.

(Ord. No. NS-300.288, § 1, 6-12-79)