SB1114 - Data collection: sexual orientation, gender identity, and intersex status: disclosure.

Enrolled August 28, 2026 Passed IN Senate August 26, 2026 Passed IN Assembly August 25, 2026 Amended IN Assembly August 21, 2026 Amended IN Assembly August 13, 2026 Amended IN Senate May 14, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1114 Introduced by Senator Cabaldon (Coauthor: Assembly Member Zbur) February 17, 2026 An act to amend Sections 44230.6 and 66027 of the Education Code, and to amend Section 8310.8 of, and to add Section 8310.8.5 to, the Government Code, relating to data collection. LEGISLATIVE COUNSEL'S DIGEST SB 1114, Cabaldon. Data collection: sexual orientation, gender identity, and intersex status: disclosure. Existing law, the Lesbian, Gay, Bisexual, Transgender, and Intersex Disparities Reduction Act, requires the State Department of Public Health, among other specified state entities, in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, to collect voluntary self-identification information pertaining to sexual orientation, gender identity, and variations in sex characteristics/intersex status (SOGISC). This bill would define “information pertaining to SOGISC” to mean information pertaining to a person’s sexual orientation identity, gender identity, identification as intersex, or identification as possessing sex characteristics that vary from those typically associated with a person’s sex assigned at birth. Existing law, the Information Practices Act of 1977, prescribes a set of requirements, prohibitions, and remedies applicable to agencies, as defined, with regard to their collection, storage, and disclosure of personal information, as defined. Under existing law, a person who willfully requests or obtains any record containing personal information from an agency under false pretenses is guilty of a misdemeanor. Existing law establishes the University of California, administered by the Regents of the University of California, the California State University, administered by the Trustees of the California State University, and the California Community Colleges, administered by the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in the state. Existing law requests the Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district to allow the faculty, staff, and students to identify their sexual orientation, gender identity, and gender expression on any forms used to collect specified demographic data and to report that data, as provided. This bill would prohibit information pertaining to SOGISC collected pursuant to the Lesbian, Gay, Bisexual, Transgender, and Intersex Disparities Reduction Act, or collected by public postsecondary education institutions in accordance with the above paragraph, from being disclosed in a manner allowing personal identification to any entity outside of California state or local government, or an authorized agency thereof, subject to specified exceptions, and would require information pertaining to SOGISC reported in an identifiable form to be limited to the minimal extent required to meet the applicable exception, and in compliance with the Information Practices Act of 1977. The bill would require state entities under these provisions, after notifying the Legislature that the entity has the necessary automation capabilities, to share information pertaining to SOGISC in accordance with specified requirements when state and federal programs share systems or intake processes and that information is required for federal program participation. The bill would require the State Department of Social Services to comply with these provisions as early as possible following the notification set forth above, but no later than January 1, 2028. The bill would provide that these provisions also apply to information that could reasonably be used to infer a person’s transgender or intersex status, as specified, and a that violation of these provisions is subject to penalties described in the Information Practices Act of 1977. By expanding the scope of a crime in the Information Practices Act of 1977, the bill would impose a state-mandated local program. Existing law, the California Public Records Act, requires each state and local agency, as defined, to make its records open to public inspection at all times during office hours, except as specifically exempted from disclosure by law. This bill would provide, subject to specified exceptions, that information pertaining to SOGISC is confidential and shall be exempt from disclosure by specified state entities under the California Public Records Act, unless the information pertaining to SOGISC is deidentified, or disclosed in accordance with the Information Practices Act of 1977. This bill would provide that its provisions are severable. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 44230.6 of the Education Code is amended to read: 44230.6. (a) For purposes of the ongoing evaluation of teacher preparation programs at the California State University, the commission may provide to the office of the Chancellor of the California State University or the State Department of Education any data it collects, including non-personally identifiable educator identification numbers established pursuant to Section 44230.5 and any other student identifiers necessary for purposes of the ongoing evaluation of these programs at the California State University. (b) The commission may disclose data pursuant to subdivision (a) only to the extent permitted by state and federal privacy laws, including, but not limited to, the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g). (c) (1) The commission shall directly collect voluntary demographic data as to the ancestry or ethnic origin of California credential applicants and voluntary self-identification information pertaining to sexual orientation and gender identity of an initial or renewal applicant who submits an application online or in paper form as part of the initial or renewal application, or who completes a recommendation for an applicant formally recommended by a commission-approved program. The collection of this data on the application shall meet the requirements of paragraph (1) of subdivision (c) of Section 8310.8 of the Government Code. (2) The commission shall not disclose personally identifiable information collected pursuant to this subdivision. SEC. 2. Section 66027 of the Education Code is amended to read: 66027. (a) (1) The Trustees of the California State University, the Regents of the University of California, and the governing board of each community college district are requested to, in collecting data relative to gender, race, ethnicity, or other demographics, from faculty, staff, or students, allow the faculty, staff, and students to identify their sexual orientation, gender identity, and gender expression on any forms used to collect that demographic data, as appropriate. (2) A governing board shall not be required to update an existing form used to collect demographic data for purposes of this subdivision, but shall provide for the identification of sexual orientation, gender identity, and gender expression on any new or updated form used for the collection of demographic data. (b) The Regents of the University of California, the Trustees of the California State University, and the office of the Chancellor of the California Community Colleges are requested to report aggregate information collected pursuant to subdivision (a), to the extent that individuals from whom that information is collected authorize that information to be released where other demographic data is traditionally aggregated and reported for informational purposes and is appropriate. Any report developed shall be transmitted to the Legislature, pursuant to Section 9795 of, and notwithstanding Section 10231.5 of, the Government Code, no later than January 1 of each year and shall be made available to the general public on the internet website of each respective institution. The information reported pursuant to this subdivision shall not include any individual identifying information. (c) Information collected pursuant this section is subject to the disclosure restrictions described under paragraph (4) of subdivision (d) of Section 8310.8 of the Government Code and penalties described under paragraph (5) of subdivision (d) of Section 8310.8 of the Government Code. SEC. 3. Section 8310.8 of the Government Code, as amended by Section 94 of Chapter 66 of the Statutes of 2026, is amended to read: 8310.8. (a) For the purposes of this section, “information pertaining to SOGISC” means information pertaining to any of the following: (1) A person’s sexual orientation identity. (2) A person’s gender identity. (3) A person’s identification as intersex, or identification as possessing sex characteristics that vary from those typically associated with a person’s sex assigned at birth. (4) For purposes of paragraph (4) of subdivision (d), information pertaining to SOGISC also includes information that could reasonably be used to infer a person’s transgender or intersex status, including any of the following: (A) A person’s self-identification as transgender, nonbinary, or a gender other than man/male or woman/female. (B) Information about a person’s gender identity and their sex assigned at birth that is stored or disclosed in a manner that may result in a person being classified as transgender or intersex. (C) Administrative records of gender marker change or documentation submitted in conjunction with a request for gender marker change. (D) Medical information related to transgender or intersex status not otherwise protected under the federal Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the California Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code). (b) (1) This section shall only apply to the following state entities: (A) The State Department of Health Care Services. (B) The State Department of Public Health. (C) The State Department of Social Services. (D) The California Department of Aging. (E) The State Department of Education, except this section shall not apply to the California Longitudinal Pupil Achievement Data System. (F) The Commission on Teacher Credentialing. (G) The Civil Rights Department. (H) The Labor and Workforce Development Agency. (I) The Department of Industrial Relations. (J) The Employment Training Panel. (K) The Employment Development Department, except this section shall not apply to the unemployment insurance program within the department. (L) The State Department of State Hospitals. (M) The Department of Rehabilitation. (N) The State Department of Developmental Services. (O) The Department of Community Services and Development. (2) This section shall be known, and may be cited, as the Lesbian, Gay, Bisexual, Transgender, and Intersex Disparities Reduction Act. (c) (1) Except as specified in paragraph (2), in addition to the duties imposed by Section 8310.5 and to the extent permissible by federal law, the state entities identified in subdivision (b), in the course of collecting demographic data directly or by contract as to the ancestry or ethnic origin of Californians, shall collect voluntary self-identification information pertaining to SOGISC. (2) The state entities identified in subdivision (b) may, but are not required to, collect demographic data pursuant to this section under either of the following circumstances: (A) Pursuant to federal programs or surveys, whereby the guidelines for demographic data collection categories are defined by the federal program or survey. (B) Demographic data are collected by other entities including: (i) State offices, departments, and agencies not included in subdivision (b). (ii) Surveys administered by third-party entities and the state department is not the sole funder. (iii) Third-party entities, including, but not limited to, private employers, that provide aggregated data to a state department. (3) Notwithstanding paragraph (2), the State Department of Public Health shall collect demographic data pursuant to this section from third parties, including, but not limited to, local health jurisdictions, on any forms or electronic data systems, unless prohibited by federal or state law. This section does not require either of the following: (A) The State Department of Public Health to collect demographic data pursuant to this section from an individual under 18 years of age who is applying for, or participating in, the California Special Supplemental Nutrition Program for Women, Infants, and Children. (B) Health care providers or other third parties to collect, disclose, or report information that is not voluntarily provided self-identification information pertaining to SOGISC. (d) (1) The state entities identified in subdivision (b) shall report to the Legislature the data collected pursuant to this section and the method used to collect those data, and make the data available to the public in accordance with state and federal law, except for personal identifying information, which shall be deemed confidential and shall not be disclosed. (2) The state entities identified in subdivision (b) shall not report demographic data that would permit identification of individuals or would result in statistical unreliability. Demographic reports on data collected pursuant to this section, to prevent identification of individuals, may aggregate categories at a state, county, city, census tract, or ZIP Code level to facilitate comparisons and identify disparities. (3) The state entities identified in subdivision (b) may use information voluntarily provided about SOGISC only for demographic analysis, coordination of care, quality improvement of its services, conducting approved research, fulfilling reporting requirements, and guiding policy or funding decisions. All information about SOGISC collected pursuant to this section shall be use [Text truncated for display. Full text available on Congress.gov.]