Section 1040 Of Article 9. Official Information And Identity Of Informer From California Evidence Code >> Division 8. >> Chapter 4. >> Article 9.
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 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.