§ 7921.505. — 7921.505. (Amended by Stats. 2022, Ch. 361, Sec. 2.)

California § 7921.505.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 10.
• Title 1.: DIVISION 10. ACCESS TO PUBLIC RECORDS
• Part 2.: PART 2. DISCLOSURE AND EXEMPTIONS GENERALLY
• Ch. 2.: CHAPTER 2. General Rules Governing Disclosure
• Art. 2.: ARTICLE 2. Voluntary Disclosure

Text

(a)
As used in this section, “agency” includes a member, agent, officer, or employee of the agency acting within the scope of that membership, agency, office, or employment.
(b)
Notwithstanding any other law, if a state or local agency discloses to a member of the public a public record that is otherwise exempt from this division, this disclosure constitutes a waiver of the exemptions specified in:
(1)
The provisions listed in Section 7920.505.
(2)
Sections 7924.510 and 7924.700.
(3)
Other similar provisions of law.
(c)
This section, however, does not apply to any of the following disclosures:
(1)
A disclosure made pursuant to the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) or a discovery proceeding.
(2)
A disclosure made through other legal proceedings or as otherwise required by law.
(3)
A disclosure within the scope of disclosure of a statute that limits disclosure of specified writings to certain purposes.
(4)
A disclosure not required by law, and prohibited by formal action of an elected legislative body of the local agency that retains the writing.
(5)
A disclosure made to a governmental agency
that agrees to treat the disclosed material as confidential. Only persons authorized in writing by the person in charge of the agency shall be permitted to obtain the information. Any information obtained by the agency shall only be used for purposes that are consistent with existing law.
(6)
A disclosure of records relating to a financial institution or an affiliate thereof, if the disclosure is made to the financial institution or affiliate by a state agency responsible for regulation or supervision of the financial institution or affiliate.
(7)
A disclosure of records relating to a person who is subject to the jurisdiction of the Department of Business Oversight, if the disclosure is made to the person who is the subject of the records for the purpose of corrective action by that person, or, if a corporation, to an officer, director, or other key personnel of the corporation
for the purpose of corrective action, or to any other person to the extent necessary to obtain information from that person for the purpose of an investigation by the Department of Business Oversight.
(8)
A disclosure made by the Commissioner of Business Oversight under Section 450, 452, 8009, or 18396 of the Financial Code.
(9)
A disclosure of records relating to a person who is subject to the jurisdiction of the Department of Managed Health Care, if the disclosure is made to the person who is the subject of the records for the purpose of corrective action by that person, or, if a corporation, to an officer, director, or other key personnel of the corporation for the purpose of corrective action, or to any other person to the extent necessary to obtain information from that person for the purpose of an investigation by the Department of Managed Health Care.
(10)
A disclosure made through the sharing of information between the Independent System Operator and a state agency.

Legislative History

Amended by Stats. 2022, Ch. 361, Sec. 2. (SB 1020) Effective January 1, 2023. Operative January 1, 2023, pursuant to Sec. 7931.000.