Typical State Non-Disclosure Statute

Typical State Non-Disclosure Statute

[Rough copy of Idaho 9-340C.]

SECTION 2. That Section 9-340C, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL 26 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records 27 are exempt from disclosure: 28 (1) Except as provided in this subsection, all personnel records of a 29 current or former public official other than the public official's public ser- 30 vice or employment history, classification, pay grade and step, longevity, 31 gross salary and salary history, status, workplace and employing agency. All 32 other personnel information relating to a public employee or applicant includ- 33 ing, but not limited to, information regarding sex, race, marital status, 34 birth date, home address and telephone number, applications, testing and 35 scoring materials, grievances, correspondence and performance evaluations, 36 shall not be disclosed to the public without the employee's or applicant's 37 written consent. A public official or authorized representative may inspect 38 and copy his personnel records, except for material used to screen and test 39 for employment. 40

(2) Retired employees' and retired public officials' home addresses, home 41 telephone numbers and other financial and nonfinancial membership records; 42 active and inactive member financial and membership records and mortgage port- 43 folio loan documents maintained by the public employee retirement system. 44 Financial statements prepared by retirement system staff, funding agents and 45 custodians concerning the investment of assets of the public employee retire- 46 ment system of Idaho are not considered confidential under this chapter. 47

(3) Information and records submitted to the Idaho state lottery for the 48 performance of background investigations of employees, lottery retailers and 49 major procurement contractors; audit records of lottery retailers, vendors and 50 major procurement contractors submitted to or performed by the Idaho state 51 lottery; validation and security tests of the state lottery for lottery games; 52 business records and information submitted pursuant to sections 67-7412(8) and 53 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information 3 1 obtained and held for the purposes of lottery security and investigative 2 action as determined by lottery rules unless the public interest in disclosure 3 substantially outweighs the private need for protection from public disclo- 4 sure. 5

(4) Records of a personal nature as follows: 6 (a) Records of personal debt filed with a public agency or independent 7 public body corporate and politic pursuant to law; 8 (b) Personal bank records compiled by a public depositor for the purpose 9 of public funds transactions conducted pursuant to law; 10 (c) Records of ownership of financial obligations and instruments of a 11 public agency or independent public body corporate and politic, such as 12 bonds, compiled by the public agency or independent public body corporate 13 and politic pursuant to law; 14 (d) Records, with regard to the ownership of, or security interests in, 15 registered public obligations; 16 (e) Vital statistics records; and 17 (f) Military records as described in and pursuant to section 65-301, 18 Idaho Code. 19

(5) Information in an income or other tax return measured by items of 20 income or sales, which is gathered by a public agency for the purpose of 21 administering the tax, except such information to the extent disclosed in a 22 written decision of the tax commission pursuant to a taxpayer protest of a 23 deficiency determination by the tax commission, under the provisions of sec- 24 tion 63-3045B, Idaho Code. 25

(6) Records of a personal nature related directly or indirectly to the 26 application for and provision of statutory services rendered to persons apply- 27 ing for public care for the elderly, indigent, or mentally or physically hand- 28 icapped, or participation in an environmental or a public health study, pro- 29 vided the provisions of this subsection making records exempt from disclosure 30 shall not apply to the extent that such records or information contained in 31 those records are necessary for a background check on an individual that is 32 required by federal law regulating the sale of firearms, guns or ammunition. 33

(7) Employment security information and unemployment insurance benefit 34 information, except that all interested parties may agree to waive the exemp- 35 tion. 36

(8) Any personal records, other than names, business addresses and busi- 37 ness phone numbers, such as parentage, race, religion, sex, height, weight, 38 tax identification and social security numbers, financial worth or medical 39 condition submitted to any public agency or independent public body corporate 40 and politic pursuant to a statutory requirement for licensing, certification, 41 permit or bonding. 42

(9) Unless otherwise provided by agency rule, information obtained as 43 part of an inquiry into a person's fitness to be granted or retain a license, 44 certificate, permit, privilege, commission or position, private association 45 peer review committee records authorized in title 54, Idaho Code. Any agency 46 which has records exempt from disclosure under the provisions of this subsec- 47 tion shall annually make available a statistical summary of the number and 48 types of matters considered and their disposition. 49

(10) The records, findings, determinations and decisions of any prelitiga- 50 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code. 51

(11) Complaints received by the board of medicine and investigations and 52 informal proceedings, including informal proceedings of any committee of the 53 board of medicine, pursuant to chapter 18, title 54, Idaho Code, and rules 54 adopted thereunder. 55

(12) Records of the department of health and welfare or a public health 4 1 district that identify a person infected with a reportable disease. 2

(13) Records of hospital care, medical records, including prescriptions, 3 drug orders, records or any other prescription information that specifically 4 identifies an individual patient, prescription records maintained by the board 5 of pharmacy under section 37-2730A, Idaho Code, records of psychiatric care 6 or treatment and professional counseling records relating to an individual's 7 condition, diagnosis, care or treatment, provided the provisions of this sub- 8 section making records exempt from disclosure shall not apply to the extent 9 that such records or information contained in those records are necessary for 10 a background check on an individual that is required by federal law regulating 11 the sale of firearms, guns or ammunition. 12
(14) Information collected pursuant to the directory of new hires act, 13 chapter 16, title 72, Idaho Code. 14
(15) Personal information contained in motor vehicle and driver records 15 that is exempt from disclosure under the provisions of chapter 2, title 49, 16 Idaho Code. 17

(16) Records of the financial status of prisoners pursuant to subsection 18 (2) of section 20-607, Idaho Code. 19

(17) Records of the Idaho state police or department of correction 20 received or maintained pursuant to section 19-5514, Idaho Code, relating to 21 DNA databases and databanks. 22

(18) Records of the department of health and welfare relating to a survey, 23 resurvey or complaint investigation of a licensed nursing facility shall be 24 exempt from disclosure. Such records shall, however, be subject to disclosure 25 as public records as soon as the facility in question has received the report, 26 and no later than the fourteenth day following the date that department of 27 health and welfare representatives officially exit the facility pursuant to 28 federal regulations. Provided however, that for purposes of confidentiality, 29 no record shall be released under this section which specifically identifies 30 any nursing facility resident. 31

(19) Records and information contained in the registry of immunizations 32 against childhood diseases maintained in the department of health and welfare, 33 including information disseminated to others from the registry by the depart- 34 ment of health and welfare. 35
(20) Records of the Idaho housing and finance association (IHFA) relating 36 to the following: 37 (a) Records containing personal financial, family, health or similar per- 38 sonal information submitted to or otherwise obtained by the IHFA; 39 (b) Records submitted to or otherwise obtained by the IHFA with regard to 40 obtaining and servicing mortgage loans and all records relating to the 41 review, approval or rejection by the IHFA of said loans; 42 (c) Mortgage portfolio loan documents; 43 (d) Records of a current or former employee other than the employee's 44 duration of employment with the association, position held and location of 45 employment. This exemption from disclosure does not include the contracts 46 of employment or any remuneration, including reimbursement of expenses, of 47 the executive director, executive officers or commissioners of the associ- 48 ation. All other personnel information relating to an association employee 49 or applicant including, but not limited to, information regarding sex, 50 race, marital status, birth date, home address and telephone number, 51 applications, testing and scoring materials, grievances, correspondence, 52 retirement plan information and performance evaluations, shall not be dis- 53 closed to the public without the employee's or applicant's written con- 54 sent. An employee or authorized representative may inspect and copy that 55 employee's personnel records, except for material used to screen and test 5 1 for employment or material not subject to disclosure elsewhere in the 2 Idaho public records act. 3

(21) Records of the department of health and welfare related to child sup- 4 port services in cases in which there is reasonable evidence of domestic vio- 5 lence, as defined in chapter 63, title 39, Idaho Code, that can be used to 6 locate any individuals in the child support case except in response to a court 7 order. 8

(22) Records of the Idaho state bar lawyer's assistance program pursuant 9 to chapter 49, title 54, Idaho Code, unless a participant in the program 10 authorizes the release pursuant to subsection (4) of section 54-48901, Idaho 11 Code. 12

(223) Records and information contained in the trauma registry created by 13 chapter 20, title 57, Idaho Code, together with any reports, analyses and com- 14 pilations created from such information and records.