California Law

The following state laws apply to information security policy and practice at Cal Poly. This list is intended to be representative, not exhaustive. For more detailed information about these and other state laws, visit the California legislative information website, select the applicable code, and search by the referenced number.

• Information Practices Act of 1977 (California Civil Code 1798-1798.78) - Places specific requirements on State agencies in the collection, use, maintenance and dissemination of information relating to individuals
• Notification of Security Breaches (California Civil Code 1798.80-1798.84) - Requires reasonable steps for destruction of personal information no longer to be retained; requires notification of California residents whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person due to a breach of security of a computer system
• California Civil Code Section 1798.85-1798.86 - Limits the use of social security numbers by restricting public posting and display to others, e.g., in printed or mailed materials unless required by law, on identification cards, and over the Internet without proper security measures
• Identity Theft (California Penal Code 530.5) - Makes it a crime to willfully obtain and use the personal identifying information of another person for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, or medical information without their consent
• Privacy and Personal Information Management (California Code of Regulations, Title 5, Education, Sections 42396-42396.5) - Identifies principles of personal information management that shall be implemented within The California State University System (CSU). For more information, visit the California Code of Regulations Website and search for "42396".
• California Public Records Act (Government Code 6250-6265) - Designed to give the public access to information in possession of public agencies, including CSU, that pertains to the conduct of State business
• Use of State Resources (Government Code Section 8314) - Makes it unlawful for State employees to use or permit others to use public resources for campaign activities, personal use, or other purposes not authorized by law. Includes activities for personal enjoyment, private gain or advantage, or an outside endeavor not related to State business. Permits incidental personal use that does not result in substantial gain or advantage to the user or loss to the State.
• Unsolicited Commercial Email (SPAM) (California Business and Professions Code 17538.45 - Prohibits users of California email service providers (including Cal Poly) from sending unsolicited email advertisements directly or indirectly promoting the sale or other distribution of goods or services to the recipient; provides legal remedies for service providers against the sender for damages caused by their action
• Access to Personnel Files (California Education Code, Section 89546)
  Gives Cal Poly employees the right to access to all reports, documents, correspondence, and other material pertaining to them kept by the university. Also gives employees the right to have another person of their choosing accompany them to inspect the employee’s records.
• California Computer Crime Law (California Penal Code 502) - Affords protection to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computers, computer systems, and computer data
• California Penal Code 653m - Annoying or Threatening Communications
  Makes it illegal to use electronic communication devices or media to intentionally annoy, harass or threaten another individual; includes but is not limited to e-mail, telephones, fax machines, pagers, the Internet, and video recording devices
• California Penal Code 311 - Obscenity and Child Pornography
  Defines obscene materials and makes it illegal to possess, produce, publish, distribute, exhibit, or exchange child pornography using computers
• California Penal Code 556-556.4 - Advertising on Government Property
  Makes it illegal to advertise goods for sale, barter or to be given away on State property, including Cal Poly, without lawful permission