An individual may bring a civil action against an agency whenever such agency does any of the following:

(a) Refuses to comply with an individual’s lawful request to inspect pursuant to subdivision (a) of Section 1798.34.

Terms Used In California Civil Code 1798.45

  • agency: means every state office, officer, department, division, bureau, board, commission, or other state agency, except that the term agency shall not include:

    California Civil Code 1798.3

  • individual: means a natural person. See California Civil Code 1798.3
  • maintain: includes maintain, acquire, use, or disclose. See California Civil Code 1798.3
  • record: means any file or grouping of information about an individual that is maintained by an agency by reference to an identifying particular such as the individual's name, photograph, finger or voice print, or a number or symbol assigned to the individual. See California Civil Code 1798.3

(b) Fails to maintain any record concerning any individual with such accuracy, relevancy, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, opportunities of, or benefits to the individual that may be made on the basis of such record, if, as a proximate result of such failure, a determination is made which is adverse to the individual.

(c) Fails to comply with any other provision of this chapter, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual.

(Added by Stats. 1977, Ch. 709.)

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