Personally Identifying Information. Confidentiality. Initiative Constitutional Amendment.

Publication Year:
2013
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artifact description
Creates presumption that an individual's personally identifying information, including financial or health information, is confidential when collected for a commercial or governmental purpose. Requires collector of personally identifying information to use all reasonably available means to protect it from unauthorized disclosure. Creates presumption of harm when personally identifying information is disclosed without the subject's authorization. Permits disclosure of personally identifying information without authorization if it is publicly available from government records or there is a countervailing compelling interest in disclosure and no other reasonable way to accomplish that interest. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Unknown but potentially significant costs to state and local governments from additional or more costly lawsuits, increased court workload, data security improvements, and changes to information-sharing practices.