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CALIFORNIA LA W REVISION N COM MIS SION STAFF ME MO RAN DUE Study H-855 September 19, 2005, Memorandum 2005-32 Statutory Clarification and Simplification of CID Law: Member Rights In this study, the

Study H-837, The Right to Access to Economic Resources and Other Information, is being produced by a staff team under the direction of the Commission's Special Counsel. The purpose of this staff report is to develop further in-depth recommendations for the Commission, based partly on the initial findings of the staff study. These recommendations for further statutory development and changes in the existing laws are presented in the Appendix below. We believe that the recommendations that follow are the most appropriate starting point for Congress and the public on what changes are needed in the existing laws, if any, regarding member rights, and their related issues. The staff also intends to develop further recommendations concerning the structure and operation of special programs to which common interests groups can participate, should they wish to do so. Our final recommendations include: 1. Recognize that C D may be an appropriate venue for an individual requesting an exception in case of hardship, and that the Commission's general program for protecting citizen's privacy and confidentiality is to be upheld; 2. In the interests of achieving greater consistency in the application of C D and, by extension, CID, identify the applicable provisions of both federal and state laws that may apply in the context of cases involving C D — Member interests; 3. The Commission should develop a uniform and more flexible approach in C D — Member interests where it is possible to conclude that the requested exemption is reasonable; 4. The Commission must continue to vigorously maintain its regulatory authority over C D — Member interests. 5. The Commission's C D — Member interest guidelines should be revised to better reflect the specific circumstances in a specific case; 6. If the C D ?program ?exception ?for C D — Member interests is to be given statutory status, it is appropriate that the guidelines specify which particular elements and types of information or material are to be protected by C D — Member interests, if any; and 7. The Commission should adopt new rules of construction consistent with state, local and territorial privacy statutes to apply to situations involving C D — Member interests, where applicable; 8. Require that applicants seek prior approval for any request for an exemption from the requirements of C D — Member interests; 9. The Commission should ensure that its C D — Member interest programs include appropriate and effective access protections to the identity of persons seeking exemption from C D — Member interests that include a request for a C D — Member interests exception.

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