California Evidence Code 1040 – (a) As used in this section, “official information” means …
(a) As used in this section, “official information” means information acquired in confidence by a public employee in the course of his or her duty and not open, or officially disclosed, to the public prior to the time the claim of privilege is made.
(b) A public entity has a privilege to refuse to disclose official information, and to prevent another from disclosing official information, if the privilege is claimed by a person authorized by the public entity to do so and either of the following apply:
Terms Used In California Evidence Code 1040
- Arrest: Taking physical custody of a person by lawful authority.
- Law: includes constitutional, statutory, and decisional law. See California Evidence Code 160
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
- Public employee: means an officer, agent, or employee of a public entity. See California Evidence Code 195
- Public entity: includes a nation, state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation, whether foreign or domestic. See California Evidence Code 200
- State: means the State of California, unless applied to the different parts of the United States. See California Evidence Code 220
(1) Disclosure is forbidden by an act of the Congress of the United States or a statute of this state.
(2) Disclosure of the information is against the public interest because there is a necessity for preserving the confidentiality of the information that outweighs the necessity for disclosure in the interest of justice; but no privilege may be claimed under this paragraph if any person authorized to do so has consented that the information be disclosed in the proceeding. In determining whether disclosure of the information is against the public interest, the interest of the public entity as a party in the outcome of the proceeding may not be considered.
(c) Notwithstanding any other law, the Employment Development Department shall disclose to law enforcement agencies, in accordance with subdivision (i) of § 1095 of the Unemployment Insurance Code, information in its possession relating to any person if an arrest warrant has been issued for the person for commission of a felony.
(Amended by Stats. 2015, Ch. 20, Sec. 1. (SB 79) Effective June 24, 2015.)