CHAPTER 12M:
PROTECTION OF PRIVATE INFORMATION *

Sec. 12M.1.	Definitions.
Sec. 12M.2.	Nondisclosure of Private Information.
Sec. 12M.3.	Enforcement.
Sec. 12M.4.	Contract Requirements.
Sec. 12M.5.	Exceptions.
Sec. 12M.6.	Preemption.
Sec. 12M.7.	Severability
Sec. 12M.8.	Amendment by the Board of Supervisors.

 

 

Notes

*	*Editor's note    Proposition D, approved November 7, 2006, repealed former Ch. 12M, in its entirety, and enacted provisions designated as a new Ch. 12M to read as herein set out. Former Ch. 12M was entitled, "Nondisclosure of Private Information."

SEC. 12M.1 DEFINITIONS.

   For the purposes of this Chapter, the following definitions shall apply to the terms use herein.

   (a)   "City" shall mean the City and County of San Francisco.

   (b)   "Contract" shall mean an agreement for goods or services, including without limitation agreements for public works or improvements, or grant agreements (1) to be purchased or provided, at the expense of the City and County or to be paid out of moneys deposited in the treasury or out of trust moneys under the control of or collected by the City and County or (2) which grants the Contractor the right to receive revenues from sources other than the City based on its services under the agreement.

   (c)   "Contractor" shall mean any person or persons, associations, cooperatives, firm, partnership, corporation, trustee, trustee in bankruptcy, receiver, or combination thereof, who submits a Bid or Proposal or enters into a Contract with the City and County.

   (d)   "Contracting Department" shall mean the department that recommends or requests that a Contract be executed by the Office of Contract Administration, the Department of Public Works, or other department or public official authorized to execute the contract on the department's behalf.

   (e)   "Private Information" shall mean any information that (1) could be used to identify an individual, including without limitation name, address, social security number, medical information, financial information, date and location of birth, and names of relative; or (2) the law forbids any person from disclosing.

   (f)   "Subcontractor" shall mean any person or persons, association, cooperative, firm, partnership, corporation, trustee, trustee in bankruptcy, receiver, or combination thereof, including without limitation any subcontractor, subconsultant or supplier at any tier, that has an arrangement or agreement, directly or indirectly, with a Contractor to perform any of Contractor's obligations under the Contract.

(Added by Proposition D, 11/7/2006)

SEC. 12M.2. NONDISCLOSURE OF PRIVATE INFORMATION.

   (a)   The City shall not disclose Private Information to any person or entity unless specifically authorized to do so by the subject individual or by Contract or where required by Federal or State law or judicial order. The City shall not enter into any Contract for the primary purpose of disclosing Private Information and shall not receive any compensation for the disclosure of Private Information.

   (b)   No Contractor or Subcontractor who receives Private Information from the City in the performance of a Contract may disclose that information to a Subcontractor or any other person or entity, unless the Contract authorizes the disclosure, the Contractor has first received written approval from the Contracting Department to disclose the information, or the disclosure is expressly required by judicial order. The disclosure and the use of the information shall be in accordance with any conditions or restrictions stated in the Contract or the Contracting Department's approval and shall not be used except as necessary in the performance of the obligations under the Contract. The department head or the department head's designee shall sign any approvals of the Contracting Department.

(Added by Proposition D, 11/7/2006)