Article 3.5 - Social Security Number Truncation Program

California Government Code — §§ 27300-27307

Sections (8)

Added by Stats. 2007, Ch. 627, Sec. 8. Effective January 1, 2008.

As used in this article, the following terms have the following meanings:

(a)“Official record” means the permanent archival record of all instruments, papers, and notices as accepted for recording by a county recorder.

(b)“Public record” means a record that is in an electronic format and is an exact copy of an official record except that any social security number contained in the copied record is truncated. The public record shall

have the same legal force and effect as the official record.

(c)“Truncate” means to redact the first five digits of a social security number.

(d)“Truncated social security number” means a social security number that displays only the last four digits of the number.

§ 27301

Amended by Stats. 2017, Ch. 621, Sec. 1. (SB 184) Effective January 1, 2018.

(a)The county recorder of each county shall establish a social security number truncation program in order to create a public record version of each official record.

(1)The program shall include both of the following components, which the recorder shall implement concurrently:

(A)For each official record recorded between January 1, 1980, and December 31, 2008, the recorder shall create in an electronic format an exact copy of the record except that any social security number contained in the copied record shall be truncated. In order to create a public record copy, the recorder shall first

truncate the social security numbers in all records that already exist in an electronic format and then create an electronic version of all other records and truncate social security numbers contained in those records. Each group of records shall be handled in descending chronological order.

(B)For each official record recorded on or after January 1, 2009, the recorder shall create a copy of that record in an electronic format and truncate any social security number contained in that record.

(2)The program may include a component for each official record recorded before January 1, 1980, pursuant to which the county recorder may create a copy of that record in an electronic format and truncate any social security number contained in that record.

(b)Nothing in this article shall be construed to restrict, delay, or modify access to any official record, or modify any existing agreements regarding access to any official record, prior to the creation and availability of a public record version of that official record. A county recorder shall not charge any new fee or increase any existing fees in order to fund the social security number truncation program pursuant to this article, except as provided in subdivision (d) of Section 27361.

(c)Notwithstanding paragraph (1) of subdivision (a), a county recorder shall not be required to create a public record version of an official record if the fee authorized in Section 27304 is determined by the recorder to be insufficient to meet the cost of creating the public record version.

In that case, the county recorder shall determine whether the fee is sufficient to meet the cost of creating a public record version of only a fraction of the official records described in paragraph (1) of subdivision (a). If the fee is sufficient to meet the cost of creating a public record version of a

fraction of the official records, the recorder shall be required to create a public record version of that fraction only.

§ 27302

Added by Stats. 2007, Ch. 627, Sec. 8. Effective January 1, 2008.

(a)A county recorder shall be deemed to be in compliance with the requirements of Section 27301 and shall not be liable for failure to truncate a social security number if he or she uses due diligence to locate social security numbers in official records and truncate social security numbers in the public record version of those official records. The use of an automated program with a high rate of accuracy shall be deemed to be due diligence.

(b)In the event that a county

recorder fails to truncate a social security number contained in a public record, any person may request that the county recorder truncate the social security number contained in that record. Notwithstanding that a county recorder may be deemed to be in compliance with Section 27301 pursuant to subdivision (a), a county recorder that receives a request that identifies the exact location of an untruncated social security number within a specifically identified public record, shall truncate that number within 10 business days of receiving the request. The public record with the truncated social security number shall replace the record with the untruncated number.

§ 27303

Added by Stats. 2007, Ch. 627, Sec. 8. Effective January 1, 2008.

When a public record version of an official record exists, both of the following shall apply:

(a)Upon a request for inspection, copying, or any other public disclosure of an official record that is not exempt from disclosure, a county recorder shall make available only the public record version of that record.

(b)A county recorder shall publicly disclose an official record only in response to a subpoena or order of a court of competent

jurisdiction.

§ 27303.5

Added by Stats. 2011, Ch. 382, Sec. 1.4. (SB 194) Effective January 1, 2012.

Notwithstanding Section 27303, a county recorder may provide a copy of a DD214 official record when requested by a person listed in subdivision (b) of Section 6107 and upon certification by that person that a full social security number is required to receive benefits and he or she is authorized to receive a copy as specified in that subdivision.

§ 27304

Added by Stats. 2007, Ch. 627, Sec. 8. Effective January 1, 2008.

(a)Each county may use funds generated by fees authorized by subdivision (d) of Section 27361 to implement a social security number truncation program required by this article.

(b)No later than June 1, 2008, the county recorder of each county shall petition the board of supervisors in that county for the authority to levy the fee authorized by subdivision (d) of Section 27361.

(c)It is the intent of the

Legislature that in the interest of enabling county recorders to act expeditiously to protect the privacy of Californians, counties be permitted to seek revenue anticipation loans or other outside funding sources for the implementation of a social security number truncation program to be secured by the anticipated revenue from the fee authorized by subdivision (d) of Section 27361.

§ 27305

Added by Stats. 2007, Ch. 627, Sec. 8. Effective January 1, 2008.

(a)To assist the Legislature in monitoring the progress of each county recorder’s social security number truncation program, the County Recorders Association of California, no later than January 1, 2009, and annually thereafter, shall submit to the chairpersons of the Assembly Committee on Judiciary and of the Senate Committee on Judiciary, and to the Office of Privacy Protection, or any successor agency, a report on the progress each county recorder has made in complying with this article.

(b)Upon the Office of Privacy Protection making a determination that all counties have completed the component of the program described in subdivision (a) of Section 27301, the report described in subdivision (a) of this section shall no longer be required.

§ 27307

Added by Stats. 2007, Ch. 627, Sec. 8. Effective January 1, 2008.

A county recorder is authorized to take all actions required by this article notwithstanding subdivision (d) of Section 27203 or any other provision of law.