Division of Boating and Waterways (DBW) employees, in the performance of their duties, may have occasion to receive, use, maintain, or disclose personal information pertaining to DBW employees and members of the public. The guidelines set forth in this policy memo are designed to ensure that such personal information is received, used, maintained and disclosed in accordance with applicable laws and to ensure that the privacy rights of individuals who are the subject of such information are adequately protected.
This policy applies to personal information received, used and/or maintained by DBW, regardless of it source. This includes, but is not necessarily limited to, personal information contained in personnel records, program records, completed applications and forms, and correspondence, whether in hard copy or electronic form.
The following principles shall apply to the collection, use, maintenance, and disclosure of personal information:
- "Personal information" is that information protected under the Information Practices Act of 1977 (Civil Code section 1798 et seq.). "Personal information" means any information that identifies or describes an individual, including, but not limited to, 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.
- Employees responsible for the collection, use maintenance, and disclosure of personal information shall comply with the provisions of the Information Practices Act, the Public Records Act, and all other laws pertaining to information privacy.
- Personal information may only be obtained through lawful means.
- The type of personal information requested must be relevant to the purpose(s) for which it is being collected. Employees shall not require individuals to disclose personal information that is not necessary and relevant to the lawful state function for which the employee is responsible.
- The purposes for which personal information is collected shall be specified at or prior to the time of collection, and any subsequent use shall be limited to and consistent with the fulfillment of those purposes previously specified.
- Personal information may not be disclosed, made available, or otherwise used for a purpose other than as specified, except with the consent of the subject of the information, or as permitted by law or regulation.
- Personal information shall be protected against loss and unauthorized access, use, modification, or disclosure by the following general means:
- Employees responsible for collection, use, maintenance, or disclosure of records containing personal information shall follow proper administrative, technical, and physical safeguards to protect the accuracy and integrity of personal information and shall ensure that personal information is not disclosed contrary to applicable law. DBW shall implement procedures to review documents to be disclosed pursuant to a Public Records Act request, subpoena, or otherwise and, if necessary, remove/redact personal information prior to release.
- DBW employees with questions about this policy or applicable law regarding the collection, use, maintenance, or disclosure of personal information shall contact Staff Counsel for guidance.
- DBW employees shall not use personal information for their own interest or advantage. Improper use or disclosure of personal information in violation of this policy may be cause for discipline.
- DBW employees shall respond courteously and promptly to individuals who inquire about personal information pertaining to them in DBW records. Employees shall assist individuals who seek such information to make their inquiry sufficiently specific and descriptive so as to facilitate locating the records requested. Employees shall respond to requests to review, obtain copies of, amend, or correct personal information in accordance with Section 1798.30 through 1798.44 of the Civil Code (or successor code sections).
This policy shall be prominently posted at DBW Headquarters and on the DBW website. Copies of this policy shall be distributed to all DBW employees and to contractors who have access to personal information collected by or on behalf of the state. Any questions regarding this policy should be directed to DBW Staff Counsel.