Department of Technology: contracting: background checks.

Existing law establishes the Department of Technology (CDT) within the Government Operations Agency. Under existing law, the Director of Technology (director) leads the department and serves as the State Chief Information Officer. Existing law requires the director to require fingerprint images and associated information from an employee, prospective employee, contractor, subcontractor, volunteer, or vendor whose duties include, or would include, working on data center, telecommunications, or network operations, engineering, or security with access to confidential or sensitive information and data on the network or computing infrastructure. This bill would instead require the CDT to require a criminal background check based on fingerprint images and associated information from an employee, prospective employee, contractor, subcontractor, volunteer, or vendor if their duties would include access to confidential or sensitive information or data in any form related to the network or computing infrastructure, including, but not limited to, data center, telecommunications, engineering, or security. Existing law requires the Department of Justice to forward requests received for federal criminal offender record information under these provisions to the Federal Bureau of Investigation. This bill would instead require the Department of Justice to transmit fingerprint images and related information to the Federal Bureau of Investigation for the purpose of obtaining a federal criminal history records check and require the department to review the information returned from the Federal Bureau of Investigation and compile a response. Existing law requires the director to develop a written appeal process for those determined ineligible for employment because of their criminal offender record, and provides that individuals shall not be found to be ineligible for employment until the appeal process is in place. This bill would remove the prohibition on employment ineligibility until the appeal process is in place. Existing law requires the director to take under consideration any evidence of rehabilitation, including participation in treatment programs, as well as the age and specifics of the offense when considering the background information received under these provisions. This bill would require the director to additionally consider the classification of data that the individual may access.