California Court Limits Computer Crime Statute: Public Records Not Confidential Simply Because Stored Internally
Key Takeaway:
Teran v. Superior Court of Los Angeles County (2025) 112 Cal.App.5th 371
A recent California appellate court decision clarifies that publicly accessible police disciplinary records cannot be criminally prosecuted simply because they are stored in confidential files or labeled as confidential by an employer.
What Happened:
- Diana Maria Teran, a former Los Angeles County Sheriff’s Department (LASD) employee, faced charges for allegedly misusing information obtained during her LASD employment while working later at the Los Angeles County District Attorney’s Office (LADA).
- Teran had access to personnel databases and disciplinary records at LASD and later shared court decisions involving LASD deputies with colleagues at LADA.
- Though the documents were labeled confidential and stored internally, they were also publicly available through court records, albeit difficult to locate.
Court’s Ruling:
- The court held that Penal Code § 502(c)(2), which addresses unauthorized computer data use, does not apply to information that is publicly accessible.
- Merely designating information as confidential or placing it in confidential personnel files does not make it legally confidential.
- Public records related to police disciplinary proceedings remain public, even if they are maintained in otherwise confidential files.
What This Means for You:
- Employers and employees should understand that internal confidentiality labels do not override public access rights.
- Handling or sharing publicly accessible information should not, on its own, lead to criminal liability under Penal Code § 502.
1 A public offense is committed if a person “[k]nowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.”
Summer Associate Nicolas Pierce contributed to this article.
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