If there is insufficient evidence to bring an action against a licentiate then all records of the proceedings shall be confidential and not subject to subpoena. If there are no further proceedings conducted to determine the licentiate's ability to practice within five years, then the licensing agency must destroy all records or the proceedings. If there are new proceedings within five years, then the records must be made available to the respondent.
An agency that collects personal information, including electronically, must maintain the source(s) in accessible form to the data subject unless the source is the data subject or she or he has received a copy of the source document.
Information shall be disclosed to the protection and advocacy agency charged with protecting and advocating the rights of people with disabilities for the purposes of investigating incidents of abuse or neglect of persons with disabilities.
Each agency shall permit an individual to request in writing an amendment of a record and, shall within 30 days of the request, make each correction or inform the individual of its refusal to amend the record in accordance with the request.
Each agency shall permit any individual who disagrees with the refusal of the agency to amend a record to request a review of such refusal If, after such review, the reviewing official refuses to amend the record in accordance with the request, the agency shall permit the individual to file with the agency a statement of reasonable length setting forth the reasons for the individual's disagreement.
The agency, with respect to any disclosure containing information about which the individual has filed a statement of disagreement, shall clearly note any portion of the record which is disputed and make available the statement and ... the reasons of the agency for not making the amendment.
An agency need not disclose personal information to the individual to whom the information pertains, if the information ... pertains to the physical or psychological condition of the individual [and] if the agency determines that disclosure would be detrimental to the individual.
If the agency determines that information requested pursuant to Section 1798.34 is exempt from access, it shall inform the individual in writing of the agency's finding that disclosure is not required by law.
The Information Practices Act does not authorize the disclosure of records containing personal information in violation of any other law, except to the subject of such records.
