Exemptions to Disclosure

Disclosure of the following records is not required:

• • Government records that, by their nature, must be confidential in order for the government to avoid the frustration of a legitimate government function;
  • OIP guidance suggests this exemption may include: “Proprietary Information such as research methods, records and data, computer programs and software and other types of information manufactured or marketed by persons under exclusive legal right, owned by an agency or entrusted to it.”
  • Records that if disclosed, would constitute a clearly unwarranted invasion of personal privacy
  • Records that pursuant to State or federal law are protected from disclosure

Access Rights

• • Any person
  • Unless request is duplicative or substantially similar in nature to an earlier request made w/in the past year which has already been responded to, and which was made by the same requestor
  • Reasonable access to facilities for duplicating records and making memoranda or abstracts
  • Agency can adopt rules to protect from damage to or loss of records, and to prevent manifestly excessive interference w/ the discharge of its other lawful responsibilities and functions
  • Regular business hours

Destruction of Public Records

• • Need permission of comptroller per Section 94-3 to destroy public records [Section 92-31]; may be required to keep copy in archives
  • A listing of all destroyed documents is kept at the department where the record originated, at the office of the attorney general, and at the state archives.