Simitian Pushes for a 21st Century Privacy Policy
SAN JOSE – To remain effective in protecting public data privacy and ensuring digital security, the Santa Clara County Board of Supervisors directed County staff to return to the Board in five months with a plan to update the County Ordinance Code and other County policies.
As proposed by County Supervisor Joe Simitian, the proposal seeks to bring the County’s "Information Practices and Individual Privacy" Ordinance and other County policies up to date amid ever-evolving privacy regulations and technological advancements.
Simitian noted that the County’s Information Practices and Individual Privacy was adopted in 1979 and hasn’t been updated since. To provide context, Simitian noted that, “Back in 1979 Jimmy Carter was president, disco was big, and millions of Americans were glued to their TVs watching Dallas, Knots Landing, and Vega$.” For Board colleague Mike Wasserman, a sports fan, Simitian noted that, “1979 is also the last time the Pittsburgh Pirates won a World Series. It’s time for a 21st century update,” said Simitian.
On a more serious note, Simitian observed that Division A16 of the County Code, which relates to information practices and individual privacy, is just one prominent example of an outdated section in the County’s Ordinance Code. The regulation doesn’t consider the significant advancements that followed its adoption, including the internet and email in the form we are familiar with today; HIPAA, one of the most important health privacy-related laws ever passed; and California's landmark security breach notification law, authored by Simitian during his tenure in the state Legislature.
The County is responsible for a number of activities that require the collection and storage of personally identifiable information about its two million residents. Those activities include running hospitals and jails, administering elections, collecting taxes, and maintaining lists of property ownership. At the same time, the County acquires new technologies and implements new systems that analyze, parse, or leverage that data in new ways, while hackers and criminals develop new tools to access information they shouldn’t.
“We gather a lot of information about our residents, and a lot of it is incredibly sensitive,” said Simitian. “While the goal of using these technologies and systems is to better serve the public, we shouldn’t be blind to the fact that existing and new technologies and data could be used improperly–whether intentionally or unintentionally. We need to recognize that the County has an ongoing obligation to protect the information we collect from our residents.”
By way of contrast, Simitian pointed to Division A40 of the Ordinance Code, relating to surveillance technology and community safety, a more modern regulation addressing the impact of surveillance technology advances on the privacy of the County’s residents. Passed in 2016 at Simitian’s urging, the County’s Surveillance Ordinance focuses on improving transparency and accountability surrounding the acquisition and deployment of technologies.
“Inconsistencies and anachronisms embedded in County Codes have the potential to affect nearly every aspect of County government,” said Simitian. “Whether it’s ensuring individual employees are using best practices to protect personally identifiable information or preventing a largescale ransomware attack, we want to know that the policies driving our practices are modern and sound. Folks living in Silicon Valley should expect nothing less.”
Simitian continued, “That’s why I’m asking for an update of our relevant Ordinances and other applicable policies so that the County’s formal guidance uniformly accounts for the complexities inherent in modern data privacy and security.”
At the Board of Supervisors' direction, County Administration and County Counsel will report to the Board on August 16 with options for updating the County Ordinance Code, Board policies, and other County department protocols, procedures, and operations related to data privacy and security.
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