General Comments December 2015

No where in the civil codes am I finding a provision authorizing the state to disclose personal info especially current addresses and current photos of individuals. In fact every code I have read from the vehicle codes to civil codes of procedures along with the following civil codes explicitly states that NO ENTITY can disclose that info without the permission of the individual except under very specific circumstances; Sex offender registration or public safety not being one of them…… I am going to continue researching this but here is what I have found so far..

CIVIL CODE
SECTION 1798.24-1798.24b

1798.24. An agency shall not disclose any personal information in a
manner that would link the information disclosed to the individual
to whom it pertains unless the information is disclosed, as follows:
(a) To the individual to whom the information pertains.
(b) With the prior written voluntary consent of the individual to
whom the record pertains, but only if that consent has been obtained
not more than 30 days before the disclosure, or in the time limit
agreed to by the individual in the written consent.
(c) To the duly appointed guardian or conservator of the
individual or a person representing the individual if it can be
proven with reasonable certainty through the possession of agency
forms, documents or correspondence that this person is the authorized
representative of the individual to whom the information pertains.
(d) To those officers, employees, attorneys, agents, or volunteers
of the agency that has custody of the information if the disclosure
is relevant and necessary in the ordinary course of the performance
of their official duties and is related to the purpose for which the
information was acquired.
(e) To a person, or to another agency where the transfer is
necessary for the transferee agency to perform its constitutional or
statutory duties, and the use is compatible with a purpose for which
the information was collected and the use or transfer is accounted
for in accordance with Section 1798.25. With respect to information
transferred from a law enforcement or regulatory agency, or
information transferred to another law enforcement or regulatory
agency, a use is compatible if the use of the information requested
is needed in an investigation of unlawful activity under the
jurisdiction of the requesting agency or for licensing,
certification, or regulatory purposes by that agency.
(f) To a governmental entity when required by state or federal
law.
(g) Pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(h) To a person who has provided the agency with advance, adequate
written assurance that the information will be used solely for
statistical research or reporting purposes, but only if the
information to be disclosed is in a form that will not identify any
individual.
(i) Pursuant to a determination by the agency that maintains
information that compelling circumstances exist that affect the
health or safety of an individual, if upon the disclosure
notification is transmitted to the individual to whom the information
pertains at his or her last known address. Disclosure shall not be
made if it is in conflict with other state or federal laws.
(j) To the State Archives as a record that has sufficient
historical or other value to warrant its continued preservation by
the California state government, or for evaluation by the Director of
General Services or his or her designee to determine whether the
record has further administrative, legal, or fiscal value.
(k) To any person pursuant to a subpoena, court order, or other
compulsory legal process if, before the disclosure, the agency
reasonably attempts to notify the individual to whom the record
pertains, and if the notification is not prohibited by law.
(l) To any person pursuant to a search warrant.
(m) Pursuant to Article 3 (commencing with Section 1800) of
Chapter 1 of Division 2 of the Vehicle Code.
(n) For the sole purpose of verifying and paying government health
care service claims made pursuant to Division 9 (commencing with
Section 10000) of the Welfare and Institutions Code.
(o) To a law enforcement or regulatory agency when required for an
investigation of unlawful activity or for licensing, certification,
or regulatory purposes, unless the disclosure is otherwise prohibited
by law.
(p) To another person or governmental organization to the extent
necessary to obtain information from the person or governmental
organization as necessary for an investigation by the agency of a
failure to comply with a specific state law that the agency is
responsible for enforcing.
(q) To an adopted person and is limited to general background
information pertaining to the adopted person’s natural parents,
provided that the information does not include or reveal the identity
of the natural parents.
(r) To a child or a grandchild of an adopted person and disclosure
is limited to medically necessary information pertaining to the
adopted person’s natural parents. However, the information, or the
process for obtaining the information, shall not include or reveal
the identity of the natural parents. The State Department of Social
Services shall adopt regulations governing the release of information
pursuant to this subdivision by July 1, 1985. The regulations shall
require licensed adoption agencies to provide the same services
provided by the department as established by this subdivision.
(s) To a committee of the Legislature or to a Member of the
Legislature, or his or her staff when authorized in writing by the
member, where the member has permission to obtain the information
from the individual to whom it pertains or where the member provides
reasonable assurance that he or she is acting on behalf of the
individual.
(t) (1) To the University of California, a nonprofit educational
institution, or, in the case of education-related data, another
nonprofit entity, conducting scientific research, provided the
request for information is approved by the Committee for the
Protection of Human Subjects (CPHS) for the California Health and
Human Services Agency (CHHSA) or an institutional review board, as
authorized in paragraphs (4) and (5). The approval required under
this subdivision shall include a review and determination that all
the following criteria have been satisfied:
(A) The researcher has provided a plan sufficient to protect
personal information from improper use and disclosures, including
sufficient administrative, physical, and technical safeguards to
protect personal information from reasonable anticipated threats to
the security or confidentiality of the information.
(B) The researcher has provided a sufficient plan to destroy or
return all personal information as soon as it is no longer needed for
the research project, unless the researcher has demonstrated an
ongoing need for the personal information for the research project
and has provided a long-term plan sufficient to protect the
confidentiality of that information.
(C) The researcher has provided sufficient written assurances that
the personal information will not be reused or disclosed to any
other person or entity, or used in any manner, not approved in the
research protocol, except as required by law or for authorized
oversight of the research project.
(2) The CPHS or institutional review board shall, at a minimum,
accomplish all of the following as part of its review and approval of
the research project for the purpose of protecting personal
information held in agency databases:
(A) Determine whether the requested personal information is needed
to conduct the research.
(B) Permit access to personal information only if it is needed for
the research project.
(C) Permit access only to the minimum necessary personal
information needed for the research project.
(D) Require the assignment of unique subject codes that are not
derived from personal information in lieu of social security numbers
if the research can still be conducted without social security
numbers.
(E) If feasible, and if cost, time, and technical expertise
permit, require the agency to conduct a portion of the data
processing for the researcher to minimize the release of personal
information.
(3) Reasonable costs to the agency associated with the agency’s
process of protecting personal information under the conditions of
CPHS approval may be billed to the researcher, including, but not
limited to, the agency’s costs for conducting a portion of the data
processing for the researcher, removing personal information,
encrypting or otherwise securing personal information, or assigning
subject codes.
(4) The CPHS may enter into written agreements to enable other
institutional review boards to provide the data security approvals
required by this subdivision, provided the data security requirements
set forth in this subdivision are satisfied.
(5) Pursuant to paragraph (4), the CPHS shall enter into a written
agreement with the institutional review board established pursuant
to Section 49079.5 of the Education Code. The agreement shall
authorize, commencing July 1, 2010, or the date upon which the
written agreement is executed, whichever is later, that board to
provide the data security approvals required by this subdivision,
provided the data security requirements set forth in this subdivision
and the act specified in paragraph (1) of subdivision (a) of Section
49079.5 are satisfied.
(u) To an insurer if authorized by Chapter 5 (commencing with
Section 10900) of Division 4 of the Vehicle Code.
(v) Pursuant to Section 450, 452, 8009, or 18396 of the Financial
Code.
This article shall not be construed to require the disclosure of
personal information to the individual to whom the information
pertains when that information may otherwise be withheld as set forth
in Section 1798.40.

1798.24a. Notwithstanding Section 1798.24, information may be
disclosed to any city, county, city and county, or district, or any
officer or official thereof, if a written request is made to a local
law enforcement agency and the information is needed to assist in the
screening of a prospective concessionaire, and any affiliate or
associate thereof, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code for purposes of consenting to, or
approving of, the prospective concessionaire’s application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest. However, any summary criminal history
information that may be disclosed pursuant to this section shall be
limited to information pertaining to criminal convictions.

1798.24b. (a) Notwithstanding Section 1798.24, except subdivision
(v) thereof, information shall be disclosed to the protection and
advocacy agency designated by the Governor in this state pursuant to
federal law to protect and advocate for the rights of people with
disabilities, as described in Division 4.7 (commencing with Section
4900) of the Welfare and Institutions Code.
(b) Information that shall be disclosed pursuant to this section
includes all of the following information:
(1) Name.
(2) Address.
(3) Telephone number.
(4) Any other information necessary to identify that person whose
consent is necessary for either of the following purposes:
(A) To enable the protection and advocacy agency to exercise its
authority and investigate incidents of abuse or neglect of people
with disabilities.
(B) To obtain access to records pursuant to Section 4903 of the
Welfare and Institutions Code.

VEHICLE CODES…

California Vehicle Code 1808 and the Public Records Act (Government Code Section 6253 et seq.) provide that information collected by the Department is generally considered public information and is subject to inspection by the public. Exceptions to this public disclosure obligation include: Personal Information and Confidential Information.

Personal Information

Personal information is defined as information that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history. An “individual” is defined as a “natural person.”

Release of personal information must be in accordance with the Information Practices Act of 1977 (Civil Code Section 1798 et seq.) and the federal Driver’s Privacy Protection Act of 1994 (DPPA) (Title 18 United States Code Section 2721-2725).

Confidential Information

Confidential information includes, but may not be limited to, an individual’s home address (California Vehicle Code Section 1808.21), home telephone number (Government Code Section 6254.3), physical/mental information (California Vehicle Code Section 1808.5), social security number (California Vehicle Code Section 1653.5), and photograph (California Vehicle Code Sections 12800.5 and 13005.5).

Notice where it states in the following not allowed to disclose private facts about a individual. Are current address and current photo are just two facts that are not subject to public disclosure. Our criminal record including mugshots and addresses we had when convicted are public record not our current info. This is exactly what I am getting at the state is unlawfully disclosing info that is not public record and that info is causing so many of us irreparable harm and even death in some cases.. I know there are much more experienced people in the area of civil law but sometimes those people don’t see the obvious and even if they do they are reluctant to go forward with that issue but if people never try things outside the box then we would ark have slavery and concetration camps and prohibition and ap on:..

… United States

Main article: Privacy laws of the United States

The right to privacy is not explicitly stated anywhere in the Bill of Rights. The idea of a right to privacy was first addressed within a legal context in the United States. Louis Brandeis (later a Supreme Court justice) and another young lawyer, Samuel D. Warren, published an article called “The Right to Privacy” in the Harvard Law Review in 1890 arguing that the U.S. Constitution and common law allowed for the deduction of a general “right to privacy”. [12]

Their project was never entirely successful, and the renowned tort expert Dean Prosser argued that “privacy” was composed of four separate torts, the only unifying element of which was a (vague) “right to be left alone”. [13]

The four torts were:

Appropriating the plaintiff’s identity for the defendant’s benefit

Placing the plaintiff in a false light in the public eye

Publicly disclosing private facts about the plaintiff

Unreasonably intruding upon the seclusion or solitude of the plaintiff

The law said we have 5 (FIVE) working days within our birthday to register which would be 10 days.
but actually Tulare County
Registration is on Tuesdays and Thursdays by appointment only

So this would make it only 4 days.

Are they breaking the law by limiting our time to register?

http://www.ci.visalia.ca.us/faqs/categoryqna.asp?id=5#512

Trump spouts foolishness about banning Muslims and everyone on the right, left, and center raise concerns about the American Constitution. But no one says the slightest thing when unconstitutional laws are directed at Registered Citizens. Not one.

A real sexual predator !

http://www.thedailybeast.com/articles/2015/12/10/the-most-horrific-cop-rape-case-you-ve-never-heard-of.html?ref=yfp

Every A-hole that throws the word “predator” around should be indited for rabble rousing, inciting the public or something like that. A sexual predator is not someone that had consensual sex with someone, went pee behind Taco Bell or looked at a few pictures. The subject of this article is a REAL sexual predator. I think every reporter and their editors, aspiring public official and everyone else needs to read this before they throw the word “predator” around in the irresponsible manner in which they do.

I have said for the past 5 years that police sexual misconduct is rampant and that rogue law enforcement officers with the above-the-law-protection-by-the-brotherhood mentality is a major problem in the U.S. Here’s one for you all: http://www.msn.com/en-us/news/us/ex-oklahoma-cops-rape-conviction-symbol-of-national-problem/ar-AAggTBo?li=BBnb7Kz&ocid=mailsignout.
Law enforcement as a group is far more dangerous than registered citizens. Beware and tell your children to beware, especially those daughters who drive. The chances of them being molested/raped are greater when stopped by a policeman than by some “dangerous predator”. Teach them wisdom and caution.

I just an still amazed at how no one is willing to help me stand up and prove my rights are being violated. Every attorney I speak to either doesn’t do this type of law or is just unwilling to help despite our ability to pay. So this January my wife and I are being stripped of our parental rights, simply because I have to register. Nothing has ever happened to our daughter, she wasent abused or neglected. I am losing my rights because I have to register, and my wife is losing hers because she didn’t divorce me. I thought it was a constitutional right to be able to have and raise a family. I guess California didn’t get that memmo, either that or they just don’t care because they know they can trample our constitutional rights and no one will champion us to prove it. We have done everything we can in family court, what we need is to challenge the law and how it violates our rights. Either that or we become yet another silent victim of the monstrous machine that is our “Justice” system. Merry Christmas All