§ 1098
381 words·~2 min read·
/ca/government-code/1098A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any current public officer or employee who willfully and knowingly discloses for pecuniary gain, to any other person, confidential information acquired by him or her in the course of his or her official duties, or uses any such information for the purpose of pecuniary gain, is guilty of a misdemeanor.
(b)As used in this section:
(1)“Confidential information” means information to which all of the following apply:
(A)At the time of the use or disclosure of the information, the information is not a public record subject to disclosure under the Public Records Act.
(B)At the time of the use or disclosure of the information, the disclosure is prohibited by
(i)a statute, regulation, or rule which applies to the agency in which the officer or employee serves;
(ii)the statement of incompatible activities adopted pursuant to Section 19990 by the agency in which the officer or employee serves; or
(iii)a provision in a document similar to a statement of incompatible activities if the agency in which the officer or employee serves is a local agency.
(C)The use or disclosure of the information will have, or could reasonably be expected to have, a material financial effect on any investment or interest in real property which the officer or employee, or any person who provides pecuniary gain to the officer or employee in return for the information, has at the time of the use or disclosure of the information or acquires within 90 days following the use or disclosure of the information.
(2)For purposes of paragraph (1):
(A)“Interest in real property” has the definition prescribed by Section 82033.
(B)“Investment” has the definition prescribed by Section 82034.
(C)“Material financial effect” has the definition prescribed by Sections 18702 and 18702.2 of Title 2 of the California Administrative Code, as those sections read on September 1, 1987.
(3)“Pecuniary gain” does not include salary or other similar compensation from the officer’s or the employee’s agency.
(c)This section shall not apply to any disclosure made to any law enforcement agency, nor to any disclosure made pursuant to Sections 10542 and 10543.
(d)This section is not intended to supersede, amend, or add to subdivision
(b)of Section 8920 regarding prohibited conduct of Members of the Legislature.