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

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Sec. A16-9. Miscellaneous provisions.

(a) An individual's name and address may not be distributed for commercial purposes, sold or rented by an agency unless such action is specifically authorized by law.

(b) Upon written request of any individual, any agency which maintains a mailing list shall remove the individual's name and address from such list, except that such agency need not remove the individual's name if such name is exclusively used by the agency to directly contact the individual.

(c) The provisions of this subdivision shall be liberally construed so as to protect the rights of privacy arising hereunder or under the federal or state constitutions.

(d) (1) Each agency record which is accepted by the Director of Environmental Management and General Services Agency for storage, processing and servicing for the purpose of this division, shall be considered to be maintained by the agency which deposited the record, and shall continue to be subject to the provisions of this division. Such Director shall not disclose the record except to the agency which maintains the record, or pursuant to rules established by such agency which are not inconsistent with the provisions of this division.

(2) Each agency record pertaining to an identifiable individual which was or is transferred to the governmental archives as a record which has sufficient historical or other value to warrant its continued preservation by the County government prior to or after July 1, 1979, shall, for the purposes of this division, be considered to be maintained by the archives.

(e) Where an agency has recorded a document creating a lien or encumbrance on real property in favor of the State or County, nothing herein shall prohibit any such agency from disclosing information relating to the identity of the person against whom such lien or encumbrance has been recorded for the purpose of distinguishing such person from another person bearing the same or a similar name.

(f) Any agency may petition the Board of Supervisors for an exemption from the provisions of this division.

(g) Any law enforcement agency which performs as its function the enforcement of criminal laws, including police efforts to prevent, control or reduce crime or to apprehend criminals, and the activities of prosecutors, correctional, probation, pardon, parole authorities and criminal justice information control, which is limited exclusively to criminal justice agencies and subject to federal and state law, are exempt from the requirements of this division.

(h) All contractors are exempt from the requirements of this division for a period of six months from the effective date of this division.

(i) All procedures concerning employee records which are a portion of negotiated contracts between bargaining units and the Board of Supervisors are exempt from the requirements of this division.

(j) All records pertaining to worker's compensation and liability claim investigatory files are exempt from the requirements of this division.

(Ord. No. NS-300.288, § 1, 6-12-79)

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