I. Records that are mandatorily closed
1. Are there records that a public agency is prohibited from releasing or making public?
Yes. There are many kinds of public records (or information in some types of records) that are required to be kept confidential.
2. What kinds of records are mandatorily closed?
There are many laws (state, federal or court rules/orders) the make certain kinds of records confidential, most having to do with highly personal information of private citizens, or containing information that would harm the general public if it is released. Examples are listed in our KORA outline, available on-line at our Open Government Page.
3. If a public agency is mandatorily required to close a specific type of public record, can the public agency make exceptions to that rule?
That depends entirely upon the confidentiality law in question. Some confidentiality laws have exceptions allowing access in certain circumstances, or to specific people/agencies, while other mandatory closure laws are stricter. The public agency must follow the dictates of any closure law that applies to a specific record.
4. If a public agency releases confidential records (or information in a record) what happens?
It depends upon the situation and the laws involved. Some mandatory confidentiality laws contain penalties. Other statutes are silent on what might happen if confidentiality is not maintained.
5. What if I believe I was personally harmed by release of confidential information contained in public records?
If an individual believes that release of a public record or information has caused them some harm they may contact the agency itself about the matter, to make a complaint about the matter. Unless the law provides for criminal penalties (which can therefore be sought by the Attorney General or a county/district attorney), any civil action seeking damages as a result of release of private information must be pursued privately by the individual(s) alleging the harm/damage.
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