The Information Practices Act of 1977, California Civil Code, section 1798, et seq., provides specific measures to protect the privacy of individuals who are the subject of State agency records. The Act, with certain exceptions, allows individuals to review and obtain copies of information pertaining to them in State records. In addition to the protections of Information Practices Act, ALRB employees' access to their own personnel records also is subject to provisions of the Government Code and, in some cases, provisions in collective bargaining agreements. Such access is not specifically addressed in this policy.
Agricultural Labor Relations Board employees responsible for the collection, maintenance, use, and dissemination of personal information shall comply with the provisions of the Information Practices Act, Sections 1798 through 1798.78 of the Civil Code. "Personal information" means any information that is maintained by an agency that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. It includes statements made by, or attributed to, the individual.
The ALRB shall make every reasonable effort to see that inquiries and requests relating to personal records of individuals are responded to promptly and without undue and repetitive effort by the requestor. The ALRB shall assist individuals who seek information pertaining to themselves in making their inquiries sufficiently specific and descriptive so as to facilitate locating the records. The ALRB shall make a genuine effort to assist individuals whose comprehension of English is insufficient to enable them to understand information on the records. The ALRB shall respond to inquiries from individuals and requests from them to review, obtain copies of, amend, correct, or dispute their personal records in a courteous and businesslike manner.
An ALRB employee shall not require an individual to disclose personal information that is not necessary and relevant to a lawful State function of the ALRB. No ALRB employee shall disclose personal and confidential information relating to individuals to unauthorized persons or entities. Each employee responsible for the maintenance of personal records shall take those precautions reasonably necessary to assure that proper administrative, technical, and physical safeguards are established and followed in order to protect the confidentiality of records containing personal information and to assure that such records are not disclosed to unauthorized individuals or entities. The intentional disclosure of such information to such persons or agencies may be cause for disciplinary action, including dismissal from State service.
No ALRB employee may seek out or use personal or confidential information relating to others for his/her interest or advantage. Intentional violation of this rule may be cause for disciplinary action, including dismissal from State service.
All individuals shall have the right to inquire in person or in writing and to be notified as to whether or not a record pertaining to them is maintained by this agency. Every reasonable effort will be made to respond to such inquiries immediately, if such information is readily available, or within ten (10) working days if a search is required. Inquiries made in person will be during regular office hours, which are 8 a.m. to 5 p.m., Monday through Friday. Telephone requests for personal information usually will not be responded to, as accurate identification of the requestor is not possible.
Upon proper identification, any individual who requests access to a record pertaining to him or her will be granted access as quickly as practically possible, but in no event later than thirty (30) days of the request for active records or sixty (60) days for records stored in the State Records Center.
If an individual wishes to have copies of records pertaining to him or her, such copies shall be made and a fee of ten cents ($0.10) per page may be charged. Where a creditable claim of inability to pay is made by the individual, fees shall be waived entirely as approved by the person responsible for maintenance of the record or the Regional Director. Copies will be furnished directly to the individual, if request is made in person. Copies may also be furnished directly to another person specifically authorized in writing by the individual. Copies may be mailed to a home address given by the individual requesting them. In all cases proper identification of the requestor as stated previously in these procedures is necessary to ensure privacy.
In allowing an individual to review or obtain copies of information about him/her, any personal information relating to another individual shall be deleted, pursuant to Section 1798.42 of the Civil Code.
The ALRB may refuse access to an individual to information pertaining to him/her if the information falls within any of the exceptions contained in section 1798.40 of the Act. If the individual requests a review of a refusal of access, the ALRB shall conduct such review within thirty (30) days of such request and inform the individual in writing of its final decision.
Any request by an individual to amend or correct personal information in a record maintained by the ALRB shall be responded to within thirty (30) days from the date of receipt of the request. The individual may seek review of a refusal to make the requested changes to the record. The review shall be conducted by the General Counsel or Chairperson of the Board, as appropriate. The reviewing official, or his/her designee, shall review the refusal and make a determination on the issue within thirty (30) days of the date of the request for review. If final determination is to sustain the refusal to make the requested changes, ALRB will permit the individual to file a statement of reasonable length, not to exceed three pages, setting forth the reasons for the individual's disagreement with the record. Such statement shall become part of the individual's record and be disclosed with any authorized disclosure of the record.
ALRB employees shall keep accurate accounting of date, nature, and purpose of disclosure including name, title, and business address of person or agency to whom disclosure was made, pursuant to subdivisions (i), (k), (o), (l), or (p) of Section 1798.24. The accounting record shall be retained for three years after disclosure or until the record is destroyed, whichever is shorter.