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CalHHS Open Data Portal Privacy Policy

LAST MODIFIED: Janaury 27, 2023

 

The State of California Health and Human Services Agency (CalHHS) is committed to promoting and protecting the privacy rights of individuals, as enumerated in Article 1 of the California Constitution, the Information Practices Act of 1977, and other state and federal laws.

It is the policy of CalHHS to limit the collection and safeguard the privacy of personal information collected or maintained by CalHHS and its Departments and Offices. CalHHS' information management practices conform to the requirements of the Information Practices Act (Civil Code Section 1798 et seq.), the Public Records Act (Government Code Section 6250 et seq.), Government Code Sections 11015.5 and 11019.9, and other applicable laws pertaining to information privacy. This Privacy Policy only applies to the CalHHS Open Data Portal website.

"Personal information" is information about a natural person that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history, readily identifiable to that specific individual. A domain name or Internet Protocol address is not considered personal information; however, it is considered "electronically collected personal information."

According to Government Code § 11015.5, "electronically collected personal information" means any information that is maintained by an agency that identifies or describes an individual user, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, password, electronic mail address, and information that reveals any network location or identity, but excludes any information manually submitted to a State agency by a user, whether electronically or in written form, and information on or relating to individuals who are users, serving in a business capacity, including, but not limited to, business owners, officers, or principals of that business.

"Electronically collected personal information" that we automatically collect includes your domain name or Internet Protocol address, and statistical information about which web pages you visit. If you voluntarily participate in an activity that asks for specific information (i.e., completing a request for assistance, personalizing the content of the website, sending an email, or participating in a survey) more detailed data will be collected. If you choose not to participate in these activities, your choice will in no way affect your ability to use any other feature of the website.

If any type of personal information is requested on the website or volunteered by the user, State law, including the Information Practices Act of 1977, Government Code Section 11015.5, and the federal Privacy Act of 1974 may protect it. However, this information may be a public record once you provide it, and may be subject to public inspection and copying if not otherwise protected by federal or State law.

The CalHHS Open Data Portal is hosted by OpenGov, a private internet service provider that hosts and maintains the CalHHS Open Data Portal. OpenGov is not the State of California. Clicking on OpenGov’s link and/or logging into an account means that you are entering OpenGov’s website. Please note that OpenGov may collect and use personal information from users in order to manage and provide service to the CalHHS Open Data Portal. For explanation on what information OpenGov collects and uses, please see OpenGov’s Privacy Policy at https://opengov.com/privacy-policy.

CalHHS adheres to the following principles in connection with the collection and management of personal information:

  1. CalHHS collects personal information on individuals only as allowed by law. CalHHS limits the collection of personal information to what is relevant and necessary to accomplish the lawful purpose of CalHHS and its Departments and Offices. For example, CalHHS may need to know an individual's home address, e-mail address, or telephone number, in order to answer the individual's questions or in order to provide requested assistance.

  2. CalHHS does not collect home, business or e-mail addresses, or account information from persons who simply browse CalHHS's internet website. CalHHS collects personal information about individuals through CalHHS' website only if an individual provides such information to CalHHS voluntarily through email, registration forms, or surveys, for example. The information that CalHHS automatically collects when user(s) visit the website includes, but may not be limited to, the client internet protocol address, the date and time when the website is visited, web pages displayed, and any forms that are uploaded. CalHHS uses encrypted and unencrypted session cookies, text files stored temporarily on a visitor's computer by a web browser, to enable easy movement through the site. The information collected in this manner is not subject to requests made pursuant to the Public Records Act, and site visitors may request to have their information discarded without reuse or distribution by contacting us.

  3. CalHHS uses Google Analytics to help improve the website. CalHHS uses Google Analytics to help understand how visitors interact with the website so that the site can be improved. CalHHS allows Google to use only anonymous data of the type described above. You can read the privacy policy for Google Analytics. You can choose not to have your data collected by Google Analytics by downloading their opt-out browser add-on.

  4. CalHHS endeavors to tell people who provide personal information to CalHHS the purpose for which the information is collected. CalHHS strives to tell persons, who are asked to provide personal information, about the general uses CalHHS’ Departments and Offices will make of that information. This is done at the time of collection. With each request for personal information, CalHHS provides information on the authority under which the request is made, the principal uses CalHHS intends to make of the information, and the possible disclosures CalHHS is obligated to make to other government agencies and to the public.

  5. CalHHS’ use of your email. You may choose to provide us with personal information, as in email with a comment or question. We use the information to improve our service to you or to respond to your request. Sometimes we forward your email to other State employees who may be better able to help you, and this staff may be employed by a different agency within the State. Except for authorized law enforcement investigations or, as required by law, we do not share our email with any other organizations. We use your email to respond appropriately. This may be to respond to you, to address issues you identify, to further improve our website, or to forward the email to another agency for appropriate action. Submission of an email to CalHHS, CalHHS staff and/or communication through the website does not create any attorney-client, physician-patient, or other privileged or confidential relationship. Accordingly, do not disclose any information to us that you wish to remain private or confidential.

  6. CalHHS provides people who provide personal information with an opportunity to review that information. Individuals, who provide personal information, are allowed to review the information and contest its accuracy or completeness.

  7. CalHHS uses personal information only as specified and consistent with those purposes; unless CalHHS obtains the consent of the subject of the information, or as required or allowed by law. The Public Records Act exists to ensure that California government is open and that the public has a right to have access to appropriate records and information possessed by many state and local government agencies. At the same time, there are exceptions that recognize the public's right to access records. These exceptions serve various needs, including maintaining the privacy of individuals. In the event of a conflict between this Policy and the Public Records Act, the Information Practices Act or other law governing the disclosure of records, the applicable law will control.

  8. CalHHS uses information security safeguards. Reasonable precautions are taken to protect the personal information of individuals collected or maintained against loss, unauthorized access, and illegal use or disclosure. Secure Socket Layer (SSL) encryption software for the CalHHS Security Tool protects the security of each individual’s personal information during transmission through CalHHS's website. Such personal information is stored by CalHHS in secure locations. CalHHS's staff is trained on procedures for the management of personal information, including limitations on the release of information. Access to personal information is limited to those members of CalHHS's staff whose work requires such access. Confidential information is destroyed according to CalHHS's records retention schedule. CalHHS conducts periodic reviews to ensure that proper information management policies and procedures are understood and followed.

  9. CalHHS use of cookies. Cookies are simple text files stored on your computer by your web browser. The main State portal does not use cookies to maintain personalization, however some departmental applications may. The State makes every attempt to avoid the use of cookies. When needed to maintain the functionality of an application, unlike the common usage of cookies, the State only uses cookies during the session in which you access our interactive applications. Cookies created on your computer by using this website do not contain "personal information" and do not compromise your privacy or security. We use the cookie feature only to store a randomly generated identifying temporary tag on your computer. You can refuse the cookie or delete the cookie file from your computer by using any of the widely available methods. However, if you turn your cookie option off, you may not be able to access some of the features in our interactive applications.

  10. How CalHHS collects and uses your information. We do collect personal information directly from individuals who volunteer to use some of our services. Collection of this information is required to deliver the specific services, but use of these services is voluntary.

If you do nothing during your visit to the website but browse or download information, we automatically collect and store the following information about your visit:

  1. The Internet Protocol Address and domain name used, but not the email address. The Internet Protocol Address is a numerical identifier assigned either to your Internet service provider or directly to your computer. We use the Internet Protocol Address to direct Internet traffic to you and generate statistics used in the management of this site;

  2. The type of browser and operating system you used;

  3. The date and time you visited this site;

  4. The web pages or services you accessed at this site;

  5. The website you visited prior to coming to this website;

  6. The website you visit as you leave this website; and

  7. If you downloaded a document, the document that was downloaded.

The information we automatically collect or store is used to improve the content of our web services and to help us understand how people are using our services. This information does not identify you personally and is used for gathering website statistics. The information we automatically collect and store in our logs about your visit helps us to analyze our website to continually improve the value of the materials available. Our website logs do not identify a visitor by personal information, and we make no attempt to link other websites with the individuals that browse the State's website.

Participation in the Listserve program (periodic updates of CalHHS Open Data Portal)

You have the option of receiving automatic updates of open data and related data news. The intention of the listserve program is to obtain and share contacts within California communities to build a network of interested users who want to use CalHHS Open Data. We need certain minimal amounts of information to connect users who wish to be informed of and participate in open data activities with State, local communities, and partners. Information collected, such as first and last name, when submitted for updates will be used and shared only for the purposes of that program and as explained here.

Government Code § 11015.5 prohibits all state agencies from distributing or selling any electronically collected personal information, as defined above, about users to any third party without the permission of the user. The State does not sell any "electronically collected personal information." Any distribution of "electronically collected personal information" will be solely for the purposes for which it was provided to us.

The State may provide or distribute certain lists and statistical reports of regulatory information as provided by law, but no personal information is sold or distributed, and all relevant legal protections still apply to the State's websites.

The CalHHS Open Data Portal website may contain links to third party sites, service providers, or features that are not owned or controlled by the State. The State is in no way responsible or liable for any third party sites, services, or features, and such links do not imply approval by the State of the listed destinations, warrant the accuracy of any information in those destinations, or constitute endorsement of the entities to whose sites the links are made or of the opinions expressed therein.

These third party sites, services, or features may be governed by the privacy policies or other terms of the third parties that provide them, and some may require you to create and log in to an account on the third party site. By using third party sites, services, or features, you do so at your own risk and you expressly relieve the State from any and all liability arising from your use of those third party sites, services, or features.

If you have a question or comment about any of these other sites, services, or features, please contact the respective third party provider directly.

CalHHS will provide additional explanations of this privacy policy, if requested. If any individuals have any further questions about CalHHS' privacy policy, they are encouraged to contact CalHHS at [email protected], or by calling (916) 326-3600.