OPEN DATA EXCEPTIONS - 5160.2

The Information Practices Act (IPA) of 1977 (Civil Code Section 1798, et seq.) provides measures to assure fair treatment of individuals who are the subject of state entity records, providing specific requirements for the collection, use, maintenance and dissemination of information relating to individuals. Nothing in SAM Section 5160 shall be construed to require Agencies/state entities to make data available to the public, if, on the facts of the particular case, disclosure of that data would increase the potential to harm an Agency/state entity or the public. The exceptions provided below may be applied, in specific instances, to exempt an Agency/state entity from sharing data with the public.

Any exceptions used must be approved through the Agency/state entity’s internal data governance process and documented in the enterprise data inventory for the purposes of ensuring effective oversight and management of information assets.

Applicable exceptions are as follows:

1. The sharing of the data is restricted by statute, practice or legal precedent, including— but not limited to—patent or intellectual property law, the Export Asset Regulations, the International Traffic in Arms Regulation, and the Federal laws and regulations governing classified information;
2. The sharing of the data would create an identifiable risk to the detriment of national security, confidentiality of Government information, or individual privacy;
3. The sharing of the data would create an identifiable risk to the stability, security, or integrity of the Agency/state entity’s systems or personnel;
4. The sharing of data would create an identifiable risk to the Agency/state entity’s mission, programs, or operations.