Last year, the Legislature passed and the Governor enacted SB 272, Chapter 795, Statutes of 2015 (Government Code Section 6270.5). Authored by State Senator Bob Hertzberg (D-Van Nuys), the measure adds enterprise systems to the California Public Records Act’s list of disclosable information. The bill requires local agencies, excluding local education agencies, to post information about their enterprise systems online through the agency’s website by July 1, 2016.

Enterprise Systems

As defined in the bill, enterprise systems are computer systems or software applications that collect, store, exchange or analyze information for the public agency. These systems are limited to those that serve as an original source of data within an agency and are either multi-departmental or contain information collected about the public.

SB 272 stipulates that an enterprise system does not include the following:

– Enterprise systems relating to cybersecurity, infrastructure, utilities, and employee identification are exempt from disclosure;
– Physical access control systems, video monitoring, and other physical control systems;
– Systems related to 911 dispatch and operation or emergency services;
– Specific records that the information technology system collects, stores, exchanges, or analyzes; and
– Systems that would be restricted from disclosure pursuant to existing law, as specified, which exempts from the California Public Records Act (PRA) the disclosure of information security records that would reveal vulnerabilities of an information technology system or increase the potential for cyber-attacks.

The enterprise system catalog must disclose current vendors, system products, their purposes, a general description of data collected, and the frequency of data collection. Local agencies are required to update their catalogs each year to ensure accuracy of the information. Most importantly, Senate Bill 272 requires the cataloged information to be available to the public upon request and be posted to the local agency’s website by the required deadline.

Public information and the internet have been a central theme of recent legislation, making it apparent that the legislature is prioritizing the modernization of open government laws. Senator Hertzberg touted SB 272 as a large step forward in modernizing the California Public Records Act by encouraging online portals for public access to data.

If you have questions regarding the legislation or compliance, please contact Doug White at (916) 468-0947 doug@whitebrennerllp.com or Celia Mata at (916) 468-0623
celia@whitebrennerllp.com.