California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 12 - California Restraining and Protective Order System › Article 3 - Access and Use › Section 964 - Restrictions on Use or Disclosure of CARPOS De-Identified Individual-Level Data or Identified Individual-Level Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Nonprofit
				  Bona Fide Research Institution, Bona Fide Researcher, or Team Member may only use
				  CARPOS De-Identified Individual-Level Data or Identified Individual-Level Data as
				  specified in the Data Request Standard Application, and as outlined in this
				  section.
(b) For De-Identified
				  Individual-Level Data or Identified Individual-Level Data, a Bona Fide Researcher
				  from a Nonprofit Bona Fide Research Institution shall only obtain CARPOS data during
				  the timeframe defined in the Bona Fide Researcher's Data Request Standard
				  Application.
(c) A Nonprofit Bona Fide
				  Research Institution, Bona Fide Researcher, or Team Member shall not transfer,
				  disclose, or disseminate CARPOS De-Identified Individual-Level Data or Identified
				  Individual-Level Data to any third party, unless approved in the Data Request
				  Standard Application or in writing by the Department's Research Services, and the
				  purpose and transfer, disclosure, or dissemination is authorized by statute or court
				  order. The Department's Research Services shall respond to any request for any
				  transfer, disclosure, or dissemination under this subdivision within 10 business
				  days, and shall either approve it, deny it, or state whether approval depends on any
				  other requirements consistent with these regulations, such as a background
				  check.
(d) A Nonprofit Bona Fide
				  Research Institution, Bona Fide Researcher, or Team Member shall aggregate CARPOS
				  De-Identified Individual-Level Data or Identified Individual-Level Data before it is
				  published, disseminated, disclosed, or released to ensure that it does not create a
				  risk of identifying individuals.
(e) A
				  Nonprofit Bona Fide Research Institution, Bona Fide Researcher, or Team Member shall
				  not publish, disseminate, disclose, or release CARPOS De-Identified Individual-Level
				  Data or Identified Individual-Level Data or documents received from the Department's
				  Research Services in any form if there is a reasonable possibility that an
				  individual can be directly or indirectly identified from the information released,
				  unless approved in writing by the Department's Research Services.
(f) Data is considered to have a reasonable
				  possibility of directly or indirectly identifying an individual, if it includes:
(1) Any of the following identifying information:
(A) Name of Respondent or Petitioner.
(B) Federal Bureau of Investigations (FBI) Number
				  or Universal Control Number.
(C)
				  California Identification and Index Number.
(D) Driver's License Number.
(E) Any other PII, either alone or in combination
				  with other factors, including geographic or county-level information, that creates a
				  risk of indirectly identifying that individual.