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HomeEvidence CodeDiv. 8Ch. 4Art. 9§ 1040 Public Information Privilege

§ 1040 Public Information Privilege

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1040 Public Information Privilege

Key Takeaways

  • •The government can keep some information secret if it's private and not shared with the public yet.
  • •They can only keep it secret if a law says so or if keeping it secret is more important than sharing it.
  • •They can't keep it secret just to help themselves win a case.
  • •If the police have a warrant for a big crime, some departments must share info to help catch the person.

Example

A police officer knows secret details about an ongoing investigation.

The police can refuse to tell the public these details if sharing them would hurt the case or break a law. But if a judge says it's okay to share, they have to tell.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1040 Public Information Privilege

(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 either of the following apply: (1) Disclosure is forbidden by an act of the Congress of the United States or a statute of this state. (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 law, the Employment Development Department shall disclose to law enforcement agencies, in accordance with subdivision (i) of Section 1095 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. (Amended by Stats. 2015, Ch. 20, Sec. 1. (SB 79) Effective June 24, 2015.)

Last verified: January 22, 2026

Key Terms

official information

Related Statutes

  • § 1041 Whistleblower Identity Protection
  • § 1042 Privileged Information In Criminal Cases
  • § 1043 Officer Records Discovery Process
  • § 1044 Medical Record Access Rights
  • § 1045 Peace Officer Complaint Records

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1040.
View Official Source