SEARCH SCCgov

HOME | A-Z SERVICES | CONTACTS | FAQs | SUGGESTIONS | SITE MAP | ABOUT US   AGENCIES & DEPTS

County Connection |Handling Emergencies |Living and Working |Health and Human Care |Doing Business |Law and Justice

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

Previous heading / Next heading / Table of Contents

__________

Sec. A16-5. Agency requirements.

(a) Each agency shall maintain in its records only that personal or confidential information which is relevant, complete, timely, accurate and necessary to accomplish a stated purpose of the agency or which is required, authorized or mandated by the federal government, state government or County Charter.

(b) Each agency shall collect personal or confidential information, to the greatest extent practicable, directly from the individual who is the subject of the information rather than from another source.

(c) Whenever an agency collects personal information, the agency shall maintain the source or sources of the information, unless the source is the data subject or the subject has received a copy of the source document, including but not limited to the name of any source who is an individual acting in his or her own private or individual capacity. If the source is an agency, governmental entity or other organization, such as a corporation or association, this requirement can be met by maintaining the name of the agency, governmental entity or organization, as long as the smallest reasonably identifiable unit of that agency, governmental entity or organization is named.

The agency shall maintain the source or sources of the information in a readily accessible form so as to be able to provide it to the data subject when they inspect any record pursuant to Subdivision (e) of Section A16-8. This section shall not apply if the source or sources are exempt from disclosure under the provisions of this division.

(d) Each agency shall, with any form used to collect personal or confidential information from individuals, provide:

(1) The name of the agency and the division within the agency that is requesting the information.

(2) The title, business address and telephone number of the agency official or delegate thereof who is responsible for the system of records and who shall, upon request, inform an individual regarding the location of his or her records and the categories of any persons who use the information in those records.

(3) The authority, whether granted by statute, regulations or executive order which authorizes the maintenance of the information.

(4) With respect to each item of information, whether submission of such information is mandatory or voluntary.

(5) The consequences, if any, of not providing all or any part of the requested information.

(6) All purposes within the agency for which the information is to be used.

(7) Any known interagency or intergovernmental transfer which may be made of the information.

(8) The individual's right of access to all records containing personal information which are maintained by the agency. This subsection shall not apply to any confidential information.

(9) The procedure whereby individuals can be notified, upon request, how they can gain access to any record pertaining to them contained in the system of records, and how they can contest its contents and request amendment or deletion of data which the individual believes to be inaccurate, incomplete, irrelevant or untimely.

(e) Each agency shall maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness and completeness. Such standard need not be met except when such records are used to make a determination about the individual. When an agency transfers a record to another agency or to an individual outside the administrative control of the agency, it shall correct, update, withhold or delete any portion of the record that it knows or has reason to believe is inaccurate or untimely.

(f) Each agency, when it provides by contract for the collection, maintenance, use or dissemination of records containing personal or confidential information to accomplish an agency function, shall cause, consistent with its authority, the requirements of this division to be applied to such records.

(g) Each agency shall establish rules of conduct for persons involved in the design, development, operation, disclosure or maintenance of records containing personal or confidential information and instruct each such person with respect to such rules and the requirements of this resolution, including any other rules and procedures adopted pursuant to this division and the remedies and penalties for noncompliance.

(h) Each agency shall establish appropriate and reasonable administrative, technical and physical safeguards to ensure compliance with the provisions of this division, to ensure the security and confidentiality of records, and to protect against anticipated threats or hazards to their security or integrity which could result in any injury.

(i) Each agency shall designate an agency employee to be responsible for ensuring that the agency complies with all of the provisions of this division.

(Ord. No. NS-300.288, § 1, 6-12-79)

__________

County Policy | Privacy Policy | Accessibility | Site Map | Contact Webmaster | Site Help All Content Copyright ©2007, the County of Santa Clara, CA