Governor Jerry Brown
DSH Director Pam Ahlin

Department of State Hospitals


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Conditions of Use and Privacy Policy

Thank you for visiting the Department of State Hospital's (DSH) website and reviewing the Privacy Policy. DSH's Privacy Policy covers DSH’s practices regarding personal information and is also available on this website.

By visiting this website, you are accepting the policies and practices as described herein. This notice covers the following topics:

Please note that the Conditions of Use reflects DSH's current business practices but are subject to change without notice.

Also note that each department within the State may have additional privacy and use policies specific to its mission and needs of its work. Be sure to review those policies as you access additional State websites.

PERSONAL INFORMATION AND CHOICE

"Personal information" is information about a natural person that identifies or describes an individual, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history, readily identifiable to that specific individual. A domain name or Internet Protocol address is not considered personal information, however, it is considered "electronically collected personal information".

According to Government Code § 11015.5, "Electronically collected personal information" means any information that is maintained by an agency that identifies or describes an individual user, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, password, electronic mail address, and information that reveals any network location or identity, but excludes any information manually submitted to a state agency by a user, whether electronically or in written form, and information on or relating to individuals who are users, serving in a business capacity, including, but not limited to, business owners, officers, or principals of that business.

"Electronically collected personal information" we automatically collect includes your domain name or Internet Protocol address, and statistical information about which web pages you visit. If you voluntarily participate in an activity that asks for specific information (i.e. completing a request for assistance, personalizing the content of the web site, sending an e-mail or participating in a survey) more detailed data will be collected. If you choose not to participate in these activities, your choice will in no way affect your ability to use any other feature of the web site.

If any type of personal information is requested on the web site or volunteered by the user, state law, including Information Practices Act of 1977, Government Code Section 11015.5, and the federal Privacy Act of 1974 may protect it. However, this information may be a public record once you provide it, and may be subject to public inspection and copying if not otherwise protected by federal or state law.

Additionally, departments and agencies of the State of California are required to adhere to the Privacy Policy which is also accessible on this web site. Please see Department of General Services Management Memo 00-14 PDF Icon, effective January 1, 2001.

A SPECIAL NOTE ABOUT CHILDREN

Children are not eligible to use services that require submission of personal information, and DSH require that minors under the age of 18 do not submit any personal information to DSH. This includes submitting personal information to DSH as part of a user profile or personalization profile. If you are a minor, you can use these services only if used together with your parents or guardians. If you are a minor, you should seek guidance from your parents.

If DSH decides to begin collecting personal information from children, it will notify parents that it is being requested, disclose the reasons for collecting it, and disclose DSH's intended use of it. DSH will seek parental consent before collecting any personally identifiable information. If it does collect it, parents may request information on the type of data being collected, view their child's information, and, if they choose, prohibit DSH from making further use of their child's information. DSH will not provide personal information about children to third parties.

INFORMATION COLLECTED AND HOW IT IS USED

We do collect personal information directly from individuals who volunteer to use some of our services. Collection of this information is required to deliver the specific services, but use of these services is voluntary.

If you do nothing during your visit to the web site, but browse or download information, we automatically collect and store the following information about your visit::

  1. The type of browser and operating system you used;
  2. The date and time you visited this site;
  3. The web pages or services you accessed at this site;
  4. The web site you visited prior to coming to this web site;
  5. The web site you visit as you leave this web site;
  6. If you downloaded a form, the form that was downloaded.

The information we automatically collect or store is used to improve the content of our web services and to help us understand how people are using our services. This information does not identify you personally and is used for gathering web site statistics. The information we automatically collect and store in our logs about your visit helps us to analyze our web site to continually improve the value of the materials available. Our web site logs do not identify a visitor by personal information, and we make no attempt to link other web sites with the individuals that browse the State's web site.

Government Code § 11015.5 (6) prohibits all state agencies from distributing or selling any electronically collected personal information as defined above, about users to any third party without the permission of the user. The State does not sell any "electronically collected personal information". Any distribution of "electronically collected personal information" will be solely for the purposes for which it was provided to us.

The State may provide or distribute certain lists and statistical reports of regulatory information as provided by law, but no personal information is sold or distributed and all relevant legal protections still apply to the State's web sites.

WHAT HAPPENS TO INFORMATION YOU SUBMIT TO US?

If you choose to submit information to us the information will be transmitted through secure lines to our departmental database. Any private information will only be used for the purposes for which it was provided and will not be shared with another entity except as prescribed by law. Please see our Privacy Policy for additional information.

USE OF INTERNET REQUEST FOR ASSISTANCE FORM INFORMATION

Any information you provide to us will only be shared with entities involved in your case as necessary. Information you provide may be included with other consumers' information to be used for statistical reporting, trending data, and/or investigative actions. For example, we may need to retain information that becomes part of an enforcement action or consumer complaint case for a period of time after the closing date of the case.

If you provide us with information regarding an issue that does not fall within our regulatory jurisdiction, we may refer your information to the appropriate local, state, or federal agency on your behalf.

SURVEYS

If during your visit to the State's web site you participate in a survey or send an e-mail, the following additional information will be collected:

  1. The e-mail address and contents of the e-mail; and
  2. Information volunteered in response to the survey.

The information collected is not limited to text characters and may include audio, video, and graphic information formats you send us.

The information is retained in accordance with Government Code § 11015.5.

IF YOU SEND US E-MAIL

You may choose to provide us with personal information, as in e-mail with a comment or question. We use the information to improve our service to you or to respond to your request. Sometimes we forward your e-mail to other State employees who may be better able to help you, and this staff may be employed by a different agency within the State. Except for authorized law enforcement investigations or as required by law, we do not share our e-mail with any other organizations.

We use your e-mail to respond appropriately. This may be to respond to you, to address issues you identify, to further improve our web site, or to forward the e-mail to another agency for appropriate action.

ORDER FORMS

If you place an order with us, we request information from the user on our order form. A user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date]. This information is used for billing purposes and to fill your order/request. If we have trouble processing an order, this contact information is used to get in touch with you.

PUBLIC DISCLOSURE

In the State of California, laws exist to ensure that government is open and that the public has a right to access appropriate records and information possessed by state government. At the same time, there are exceptions to the public's right to access public records. These exceptions serve various needs including maintaining the privacy of individuals. Both state and federal laws provide exceptions.

All information collected at this site becomes public record that may be subject to inspection and copying by the public, unless an exemption in law exists. In the event of a conflict between this Use Policy and the Public Records Act, the Information Practices Act or other law governing the disclosure of records, the Public Records Act, the Information Practices Act or other applicable law will control.

PERSONAL INFORMATION

Under Government Code § 11015.5, if you choose you may have any personal information collected about you discarded without reuse or distribution, provided we are contacted in a timely fashion.

AUTOMATIC COLLECTION OF INFORMATION/COOKIES

Cookies are simple text files stored on your computer by your web browser. The main State portal does not use cookies to maintain personalization, however some departmental applications may.

The State makes every attempt to avoid the use of cookies. When needed to maintain the functionality of an application, unlike the common usage of cookies, the State only uses cookies during the session in which you access our interactive applications.

Cookies created on your computer by using this web site do not contain "personal information" and do not compromise your privacy or security. We use the cookie feature only to store a randomly generated identifying temporary tag on your computer. You can refuse the cookie or delete the cookie file from your computer by using any of the widely available methods. However, if you turn your cookie option off you may not be able to access some of the features in our interactive applications.

SECURITY

The State, as developer and manager of this web site, has taken several steps to safeguard the integrity of its telecommunications and computing infrastructure, including but not limited to authentication, monitoring, auditing, and encryption. Security measures have been integrated into the design, implementation and day-to-day practices of the entire State operating environment as part of its continuing commitment to risk management. This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided via the State's supported web site. The technical standards governing security are enforced by the Department of Information Technology.

LINKS TO OTHER SITES

DSH's website has links to sites that DSH feel might be useful to you and which may provide services. When you link to another site, you are no longer on DSH's site and are subject to the privacy policy of the new site.

DSH provides this website and the information it contains as a public service. This system is monitored to ensure proper operation, to verify the functioning of applicable security features, and for comparable purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution.

LIMITATION OF LIABILITY

DSH attempts to maintain the highest accuracy of content on its web site. Any errors, or omissions should be reported for investigation.

DSH makes no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this website. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this website or its hyperlinks to other Internet resources. Reference in this website to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or affiliation by DSH, or its employees or agents.

This Use Policy is subject to change without notice.

OWNERSHIP

In general, information presented on this web site, unless otherwise indicated, is considered in the public domain. It may be distributed or copied as permitted by law. However, the State does make use of copyrighted data (e.g., photographs) which may require additional permissions prior to your use. Furthermore, the unique branding of the site and various official seals and marks may not be used without permission of the State. In order to use any information on this web site not owned or created by the State you must seek permission directly from the owning (or holding) sources. The State shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this site except those submissions made under separate legal contract. The State shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this site.

COPYRIGHT

Work considered in the public domain may be distributed or copied as permitted by law. However, DSH does make use of any work protected by copyright, e.g., photographs, which may require permission prior to your use. In order to use any work on this website not created by DSH, you must seek permission directly from the copyright owner. DSH shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this site except those submissions made under separate legal contract. DSH shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this site.

PRIVACY POLICY

The Department of State Hospitals (DSH) is committed to promoting and protecting the privacy rights of individuals, as enumerated in Article 1 of the California Constitution, the Welfare and Institutions Code, Information Practices Act of 1977, other state law and federal laws.

As a covered entity and provider of health care as well as state agency, it is the policy of the DSH to limit the collection and safeguard the privacy of personal information collected or maintained by DSH. DSH’s information management practices conform to the requirements of the Health Information Portability and Accountability Act, Lanterman Petris Short Act, California Medical Information Act, Information Practices Act at Civil Code section 1798 et seq., Public Records Act at Government Code section 6250 et seq., Government Code sections 11015.5 and 11019.9, and other applicable laws pertaining to information privacy.

DSH follows these principles in collecting and managing personal information:

DSH collects personal information on individuals only as allowed by law. DSH limits the collection of personal information to what is relevant and necessary to accomplish a lawful purpose of DSH. Personal information, as defined in the Information Practices Act, is information that identifies or describes an individual including, but not limited to, name, Social Security number, physical description, home address, home telephone number, education, financial matters, and medical or employment history.

DSH does not collect home, business or e-mail addresses, or account information from persons who simply browse our Internet website. DSH collects personal information about individuals through our website only if an individual provides such information to DSH voluntarily through forms or surveys. The information that DSH automatically collects includes the domain name or Internet Protocol address that relates to the machine used to access DSH's website, the type of browser and operating system used, the date and time when the website is visited, web pages displayed, and any forms that are uploaded.

DSH may use session cookies in some areas of this website to improve the overall usability of the site. Cookies are small text files placed on your computer, often without your knowledge, while visiting certain sites on the Internet used to identify your computer. For example, cookies are used by some sites to greet you personally, to post a list of your favorite books to purchase, or to remember what you had in your shopping basket the last time you visited.

On this website, a temporary cookie may be placed on your computer for applications such as online complaint forms or court-appointed conservator registration forms which can be sent electronically. The session cookies are used to facilitate the interaction between you and the fields in the form. The cookies are not used to collect or store information about you and do not track you if you return to our website. The cookie is temporary and will be deleted when you exit your browser.

You can prevent cookies from being placed on your computer by accessing your browser's preferences menu and deleting existing cookies. There also are commercial programs available to help you manage cookies. Before taking such steps, you should be aware that some websites may not work properly if you choose to block the placement of cookies on your computer. You will need to decide whether enabling cookies outweighs privacy concerns.

DSH strives in each instance to tell people who provide personal information to DSH the purpose for which the information is collected. At the time of collection, we also strive to tell persons who are asked to provide personal information about the general uses that we will make of that information.

DSH tells people who provide personal information about their opportunity to review that information. DSH allows individuals who provide personal information to review the information and contest its accuracy or completeness.

DSH only uses or discloses personal information for the specified purposes, or purposes consistent with those purposes, unless we get the consent of the subject of the information, or unless required by law or regulation. The Public Records Act exists to ensure that government is open and that the public has a right to have access to appropriate records and information possessed by state government. At the same time, there are exceptions in both state and federal law to the public's right to access public records. These exceptions serve various needs including maintaining the privacy of individuals. In the event of a conflict between this Policy and the Public Records Act, the Information Practices Act or other law governing the disclosure of records, the controlling law will apply.

DSH uses information security safeguards. DSH takes reasonable precautions to protect the personal information collected or maintained by the Department against loss, unauthorized access, and illegal use or disclosure. DSH uses encryption software to protect the security of individuals' personal information during transmission of such information through DSH's websites. Such personal information is stored by DSH in secure locations. DSH's staff is trained on procedures for the management of personal information, including limitations on the release of information. Access to personal information is limited to those members of the Department’s staff whose work requires such access. Confidential information is destroyed according to DSH's records retention schedule. DSH conducts periodic reviews to ensure that proper information management policies and procedures are understood and followed.

DSH encourages all individuals to use appropriate safeguards to secure their computers and the information on those computers. For more on online privacy and security, please see the California Office of the Attorney General’s Online Privacy page.

Please note that this Privacy Policy reflects DSH's current business practices and is subject to change without notice.

If you have questions or would like additional information regarding DSH's privacy policy, you may send an e-mail to privacy@dsh.ca.gov