1. (a) Pursuant to the Information Practices Act, 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their record or authorize any person to inspect such records on their behalf and to request amendment to correct outdated, inaccurate, or incomplete information.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. (1) In order to identify the individual requesting access to a record or file, and to determine who the contents of a record or file shall be disclosed to, all requests to inspect a record or file shall be submitted in writing to the Warden (if the person is incarcerated), the Regional Parole Administrator (if the person is supervised), or the Secretary (if neither of those circumstances apply). If the written request authorizes a third party to perform the inspection, then a copy of the third party's passport, driver's license, or other form of government-issued photographic identification shall be included with the written request. The department shall permit the inspection to occur within 30 calendar days of receiving the request, unless the request involves records that are geographically dispersed or which are inactive and in central storage, in which case the inspection shall be permitted within 60 calendar days. In addition, the department shall permit the person to have an exact copy made of all or any portion of the record or file within 15 calendar days of the inspection.

   2. (2) Requests to amend a record or file shall be submitted in writing, to the Warden (if the person is incarcerated), the Regional Parole Administrator (if the person is supervised), or the Secretary (if neither of those circumstances apply). No later than 30 calendar days after receiving the request, the department shall either:

      1. (A) adopt the requested amendment and inform the person that the amendment was adopted, or
      2. (B) reject the requested amendment and inform the person that the amendment was rejected, the reason the amendment was rejected, how to request a review of the department's decision, and the deadline to request such a review (as described in subsection 3482(a)).
2. (b) No person shall prepare, handle, or destroy any portion of a departmental record containing confidential information as that term is defined in section 3321.

3. (c) No person shall prepare, handle, or destroy any portion of a departmental record containing personal information except:

   1. (1) As provided for in section 3041(e), or
   2. (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 Sections 1798.20 and 1798.32, Civil Code.

History

1. Repealer of article 6 (sections 3450-3459) and new article 6 (sections 3450-3453) filed 8-22-79; effective thirtieth day thereafter (Register 79, No. 34).

2. Repealer and new section filed 11-9-92; operative 12-9-92 (Register 92, No. 46).

3. Amendment of subsection (d) and new subsections (e)-(e)(2) filed 2-22-95; operative 3-24-95 (Register 95, No. 8).

4. Change without regulatory effect amending subsections (b), (d) and (e) filed 7-1-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 27).

5. Amendment filed 12-26-2024 as an emergency; operative 1-1-2025 (Register 2024, No. 52). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 6-10-2025 or emergency language will be repealed by operation of law on the following day.

6. Amendment refiled 6-10-2025 as an emergency, including further amendment of subsection (a); operative 6-11-2025 (Register 2025, No. 24). Pursuant to Penal Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 9-9-2025 or emergency language will be repealed by operation of law on the following day.

7. Amendment refiled 9-2-2025 as an emergency; operative 9-10-2025 (Register 2025, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-9-2025 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 9-2-2025 order, including amendment of subsection (c)(1), transmitted to OAL 12-8-2025 and filed 1-22-2026; amendments operative 1-22-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 4).