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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

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

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Sec. A16-6. Conditions of disclosure.

No agency may disclose any personal or confidential information unless the disclosure of such information is:

(a) To the individual to whom the record pertains upon presentation of reasonable identification.

(b) To an agency or a person with the prior informed consent of the individual to whom the record pertains.

(c) To the authorized representative of the individual to whom the record pertains, upon presentation of reasonable identification.

(d) To those employees, volunteers or contractors of the agency which have custody of the information if such disclosure is relevant and necessary in the course of the performance of their official duties and is related to the purpose for which the information was acquired.

(e) To a person, or to another agency, where the transfer is allowed by constitution, statute, regulation or ordinance and such use is within a purpose for which the information was collected, and such use or transfer is listed in the notice provided pursuant to Subdivision (a) of Section A16-4.

(f) To a government entity when required by regulation, ordinance, state law or federal law.

(g) Pursuant to the California Public Records Act, Chapter 3.5 of Division 7 of Title 1 of the Government Code (Government Code § 6250 et seq.), provided that Government Code § 6253 and Government Code § 6254(c) shall not be interpreted to permit the disclosure of personal information contained in individual employment or medical files, or other personal information which would clearly be disparaging of or threatening to the reputation or rights of an individual other than information regarding a County employee acting in his or her official capacity.

(h) To a person who has provided the agency with advance adequate written assurance that the information will be used solely for statistical research or reporting purposes, but only if the information to be disclosed is in a form that will not identify any individual.

(i) Pursuant to a determination by the agency which maintains the information that compelling circumstances affecting the health or safety of the individual exist if, upon such disclosure, notification is transmitted to the individual to whom the information pertains at his or her last known address. Disclosure shall not be made if it is in conflict with state or federal law.

(j) To governmental or private archives as a record which has sufficient historical or other value to warrant its continued preservation, or for evaluation by the archivist or the designate thereof to determine whether the record has such value, except that probation, medical, mental health, alcoholism, drug abuse, or social services records are specifically excluded.

(k) When a request for records in the form of an administrative summons, subpoena duces tecum, notice of the deposition of the custodian of records, or court order is received by an agency which requires the production of personal information concerning individuals named in the request for records.

(l) To any person pursuant to a search warrant.

(m) Pursuant to Article 3 of Chapter 1 of Division 2 of the Vehicle Code (Vehicle Code § 1800 et seq.).

(n) For the sole purpose of verifying and billing private and government sources of third party payment.

(o) To a law enforcement agency when required by law for an investigation of criminal activity, unless such disclosure is otherwise prohibited by law.

(p) To another person, an agency or a governmental entity to the extent necessary to obtain information from such person, agency or governmental entity as necessary for an investigation by the agency of a failure to comply with a specific state law which the agency is responsible for enforcing.

(q) Information as contained in Subdivision (a)(1) of Section A16-3 may, upon written authorization of the data subject or the authorized representative of that individual, be disclosed to a physician, psychiatrist or to other medical, psychological or counseling personnel licensed by the State of California, or to an agency or person designated by the data subject.

(Ord. No. NS-300.288, 6-12-79)

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