Data collection: sexual orientation, gender identity, and intersex status: disclosure

The law limits public and outside-government disclosure of sensitive voluntary demographic information while preserving tightly limited uses for services, research, reporting, and required programs.

What the law does ​

• Defines protected SOGISC information to include sexual orientation, gender identity, intersex status, certain sex-characteristic information, and data that could reasonably reveal transgender or intersex status.
• Bars covered state entities and public postsecondary institutions from disclosing identifiable SOGISC data outside California state or local government or authorized agents, except for limited federal-program, court-order, public-health, vendor, legal, and Civil Rights Department purposes.
• Requires any permitted identifiable disclosure to be limited to the minimum necessary and comply with the Information Practices Act.
• Makes SOGISC information confidential and generally exempt from California Public Records Act disclosure unless deidentified or lawfully disclosed under the Information Practices Act.
• Requires separation and minimum necessary sharing of SOGISC data in shared state-federal systems when federal program participation requires it, after an entity completes needed automation and notifies the Legislature.
• Subjects violations to Information Practices Act penalties and sets a January 1, 2028 deadline for the State Department of Social Services to comply with the new outside-disclosure restriction.

Who it affects ​

• Californians who voluntarily provide sexual orientation, gender identity, or intersex-status information to covered state entities or public colleges.
• Covered health, social-services, education, labor, employment, rehabilitation, and developmental-services agencies.
• California public college faculty, staff, and students whose demographic information is collected.