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California Evidence Code Section 1040

Legal Research Home > California Laws > Evidence Code > California Evidence Code Section 1040

1040.  (a) As used in this section, "official information" means
information acquired in confidence by a public employee in the course
of his or her duty and not open, or officially disclosed, to the
public prior to the time the claim of privilege is made.
   (b) A public entity has a privilege to refuse to disclose official
information, and to prevent another from disclosing official
information, if the privilege is claimed by a person authorized by
the public entity to do so and:
   (1) Disclosure is forbidden by an act of the Congress of the
United States or a statute of this state; or
   (2) Disclosure of the information is against the public interest
because there is a necessity for preserving the confidentiality of
the information that outweighs the necessity for disclosure in the
interest of justice; but no privilege may be claimed under this
paragraph if any person authorized to do so has consented that the
information be disclosed in the proceeding. In determining whether
disclosure of the information is against the public interest, the
interest of the public entity as a party in the outcome of the
proceeding may not be considered.
   (c) Notwithstanding any other provision of law, the Employment
Development Department shall disclose to law enforcement agencies, in
accordance with the provisions of subdivision (k) of Section 1095
and subdivision (b) of Section 2714 of the Unemployment Insurance
Code, information in its possession relating to any person if an
arrest warrant has been issued for the person for commission of a
felony.
Section: 1040  1041  1042  1043  1044  1045  1046  1047  Next

Last modified: March 17, 2014