SEC. 103.3. DEFINITIONS. — San Francisco Administrative Code

For purposes of this Chapter 103, the following terms have the following meanings:

“List, Database, or Registry” means any public, private, or joint public-private collection of information stored in any form.

“Personal Information” means any information that can, on its own or in combination with other information, be used to contact, track, locate, identify, or reasonably infer the identity of, a specific individual.

(Added by Ord. 78-17, File No. 170092, App. 3/17/2017, Eff. 4/16/2017)

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SEC. 103.4. ASSISTANCE WITH GOVERNMENT REGISTRY OR DATABASE.	SEC. 103.4. ASSISTANCE WITH GOVERNMENT REGISTRY OR DATABASE.

(a) No officer, employee, department, board, commission, or other entity of the City shall use City moneys, facilities, property, equipment, or personnel to create, implement, provide investigation for, enforce, or assist in the creation, implementation, provision of investigation for, or enforcement of, or provide support in any manner for, any government program that (1) creates or compiles a List, Database, or Registry of individuals on the basis of religious affiliation, kinship, belief, or practice; national origin; or ethnicity or (2) requires registration of individuals in a List, Database, Registry, or otherwise, on the basis of religious affiliation, kinship, belief, or practice; national origin; or ethnicity.

(b) Notwithstanding any other law, no officer, employee, department, board, commission, or other entity of the City shall provide or disclose to any government authority Personal Information regarding any individual that is requested for the purpose of (1) creating or compiling a List, Database, or Registry of individuals based on religious affiliation, kinship, belief, or practice; national origin; or ethnicity, or (2) requiring registration of individuals in a List, Database, registry, or otherwise, on the basis of religious affiliation, kinship, belief, or practice; national origin; or ethnicity. This includes a prohibition on making available Personal Information from any City database for the purposes mentioned in the foregoing sentence, including any City database maintained by a private vendor under contract with the City.

(c) This Section 103.4 shall apply to all individuals, regardless of citizenship or immigration status, race, age, or any other factor.

(d) Nothing in this Chapter 103 prohibits any officer, employee, department, board, commission, or other entity of the City from sending to, or receiving from, any local, state, or federal agency, aggregate information about religious affiliation, kinship, belief, or practice; national origin; or ethnicity within a geographic area, institution, category, or group, where such information is not associated with Personal Information, including but not limited to, names, addresses, and telephone numbers, and cannot be used to identify individuals on the basis of religious affiliation, kinship, belief, or practice; national origin; or ethnicity.

kinship, belief, or practice; national origin; or ethnicity within a geographic area, institution, category, or group, where such information is not associated with Personal Information, including but not limited to, names, addresses, and telephone numbers, and cannot be used to identify individuals on the basis of religious affiliation, kinship, belief, or practice; national origin; or ethnicity.

(e) Nothing in this Chapter 103 prohibits any officer, employee, department, board, commission, or other entity of the City from sending to, or receiving from, a Federal agency charged with enforcement of Federal immigration law information regarding an individual’s citizenship or immigration status, lawful or unlawful. “Information regarding an individual’s citizenship or immigration status, lawful or unlawful” for purposes of this Chapter 103, shall be interpreted consistent with Section 1373 of Title 8 of the United States Code. This subsection (e) shall expire by operation of law if a court of competent jurisdiction enters a judgment ruling 8 U.S.C. § 1373(a) facially unconstitutional or unconstitutional as applied to the City.

(f) Nothing in this Chapter 103 prohibits the City from creating or maintaining a List, Database, or Registry that contains ethnicity or national origin information where such information is collected for purposes of complying with anti-discrimination laws or laws regarding the administration of public benefits, or for purposes of ensuring City programs adequately serve the City’s diverse communities, or where the City collects this information to ensure equal access to City programs, services, benefits, and contracts.

(Added by Ord. 78-17, File No. 170092, App. 3/17/2017, Eff. 4/16/2017)