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§ 757.2. System Misuse.

11 CA ADC § 757.2Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 11. Law
Division 1. Attorney General
Chapter 7.5. Department of Justice Regulations for the Fair and Accurate Governance of the Calgang Database
Article 13. System Misuse and Enforcement of these Regulations
11 CCR § 757.2
§ 757.2. System Misuse.
Currentness
(a) Information on a person or organization shall be excluded from the CalGang database if the information is collected merely on the basis:
(1) Of race, gender, age, or ethnic background.
(2) Of religious or political affiliations or beliefs.
(3) Of personal habits or predilections that do not violate any criminal law or threaten the safety of others.
(4) Of involvement in expressive activity that takes the form of non-violent civil disobedience that amounts, at most, to a misdemeanor offense.
(b) A User shall not conduct a query without a right to know and need to know. Additionally, a User shall not perform any of the following actions:
(1) Query themselves, a family member, or friend.
(2) Query a high-profile individual in the media for unauthorized purposes.
(3) Provide information contained in the CalGang database to another person for unauthorized purposes.
(4) Share passwords with any other person.
(c) Information contained in the CalGang database shall be disclosed only as permitted by these regulations. Without limiting the foregoing, information contained in the CalGang database shall not be disclosed or released under any of the following circumstances:
(1) For purposes of enforcing federal immigration law, unless required by California state or federal statute or regulation.
(2) For employment, housing, or military screening purposes.
(3) For non-criminal internal affairs investigations.
(4) To the members of the general public or media.
(5) To another person who does not have a right to know and need to know.
(6) In any official reports.
(d) Any violation of these regulations shall be reported to the Node Administrator and the Department within five working days of learning of any alleged system misuse.
(1) Any violation of these regulations shall be investigated by the head of the Node Agency or User Agency or their designee. The head of the Node Agency or User Agency or their designee shall review the Agency's internal processes and documentation to determine the absence or presence of negligence on the part of the User(s). Pending the results of the investigation, the Node Administrator may suspend access to the Cal-Gang database for any User being investigated.
(2) The Node Administrator shall revoke access to the CalGang database for any User who provides unauthorized access to the CalGang database or discloses information from the CalGang database for unauthorized purposes. Such an account, if suspended, may only be reinstated at the direction of the Department.
(3) Upon completion of the Node Agency or User Agency's review, the head of the Node Agency or User Agency or their designee shall forward the results of the investigation and any corrective actions taken to the Node Administrator and the Department. If the reported results and/or corrective actions do not resolve the problem to the satisfaction of the Department, the Department shall take action pursuant to section 757.4.
(e) Each Node Agency and User Agency shall annually complete, sign, and submit a CalGang Misuse Investigation Reporting form to the Department pursuant to subdivision (c) of section 756.6.

Credits

Note: Authority cited: Section 186.36, Penal Code. Reference: Section 186.36, Penal Code.
History
1. New article 13 (sections 757.2-757.4) and section filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 11, § 757.2, 11 CA ADC § 757.2
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