T. C. A. § 10-7-504 West's Tennessee Code Annotated Currentness Title 10. Public Libraries, Archives and Records Chapter 7. Public Records (Refs & Annos) Part 5. Miscellaneous Provisions (Refs & Annos) § 10-7-504. Confidentiality of certain records (a)(1) The medical records of patients in state, county and municipal hospitals and medical facilities, and the medical records of persons receiving medical treatment, in whole or in part, at the expense of the state, county or municipality, shall be treated as confidential and shall not be open for inspection by members of the public. Any records containing the source of body parts for transplantation or any information concerning persons donating body parts for transplantation shall be treated as confidential and shall not be open for inspection by members of the public. (2)(A) All investigative records of the Tennessee bureau of investigation, the office of inspector general, all criminal investigative files of the department of agriculture and the department of environment and conservation, all criminal investigative files of the motor vehicle enforcement division of the department of safety relating to stolen vehicles or parts, and all files of the handgun carry permit and driver license issuance divisions of the department of safety relating to bogus handgun carry permits and bogus driver licenses issued to undercover law enforcement agents shall be treated as confidential and shall not be open to inspection by members of the public. The information contained in such records shall be disclosed to the public only in compliance with a subpoena or an order of a court of record; provided, however, that such investigative records of the Tennessee bureau of investigation shall be open to inspection by elected members of the general assembly if such inspection is directed by a duly adopted resolution of either house or of a standing or joint committee of either house. Records shall not be available to any member of the executive branch except to the governor and to those directly involved in the investigation in the specified agencies. (B) The records of the departments of agriculture and environment and conservation referenced in subdivision (a)(2)(A) shall cease to be confidential when the investigation is closed by the department or when the court in which a criminal prosecution is brought has entered an order concluding all proceedings and the opportunity for direct appeal has been exhausted; provided, however, that any identifying information about a confidential informant or undercover law enforcement agent shall remain confidential. (C) The Tennessee bureau of investigation, upon written request by an authorized person of a state governmental agency, is authorized to furnish and disclose to the requesting agency the criminal history, records and data from its files, and the files of the federal government and other states to which it may have access, for the limited purpose of determining whether a license or permit should be issued to any person, corporation, partnership or other entity, to engage in an authorized activity affecting the rights, property or interests of the public or segments thereof. (3) The records, documents and papers in the possession of the military department which involve the security of the United States and/or the state of Tennessee, including, but not restricted to, national guard personnel records, staff studies and investigations, shall be treated as confidential and shall not be open for inspection by members of the public. (4)(A) The records of students in public educational institutions shall be treated as confidential. Information in such records relating to academic performance, financial status of a student or the student's parent or guardian, medical or psychological treatment or testing shall not be made available to unauthorized personnel of the institution or to the public or any agency, except those agencies authorized by the educational institution to conduct specific research or otherwise authorized by the governing board of the institution, without the consent of the student involved or the parent or guardian of a minor student attending any institution of elementary or secondary education, except as otherwise provided by law or regulation pursuant thereto, and except in consequence of due legal process or in cases when the safety of persons or property is involved. The governing board of the institution, the department of education, and the Tennessee higher education commission shall have access on a confidential basis to such records as are required to fulfill their lawful functions. Statistical information not identified with a particular student may be released to any person, agency, or the public; and information relating only to an individual student's name, age, address, dates of attendance, grade levels completed, class placement and academic degrees awarded may likewise be disclosed. (B) Notwithstanding the provisions of subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by the federal Family Educational Rights and Privacy Act (FERPA), [FN1] an institution of post-secondary education shall disclose to an alleged victim of any crime of violence, as that term is defined in 18 U.S.C. § 16, or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense. (C) Notwithstanding the provisions of subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by FERPA, [FN1] an institution of post-secondary education shall disclose the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence, as that term is defined in 18 U.S.C. § 16, or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institution's rules or policies with respect to such crime or offense. (D) For the purpose of this section, the final results of any disciplinary proceeding: (i) Shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; (ii) May include the name of any other student, such as a victim or witness, only with the written consent of that other student; and (iii) Shall only apply to disciplinary hearings in which the final results were reached on or after October 7, 1998. (E) Notwithstanding the provisions of subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by FERPA, [FN1] an educational institution shall disclose information provided to the institution under § 40-39-106, concerning registered sex offenders who are required to register under § 40-39-103. (F) Notwithstanding the provisions of subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by FERPA, [FN1] an institution of higher education shall disclose to a parent or legal guardian of a student information regarding any violation of any federal, state, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's education records, if: (i) The student is under the age of twenty-one (21); (ii) The institution determines that the student has committed a disciplinary violation with respect to such use or possession; and (iii) The final determination that the student committed such a disciplinary violation was reached on or after October 7, 1998. (G) Notwithstanding subdivision (a)(4)(A), § 37-5-107 or § 37-1-612, the institution shall release records to the parent or guardian of a victim or alleged victim of child abuse or child sexual abuse pursuant to § 37-1-403(i)(2) or § 37-1-605(d)(2). Any person or entity that is provided access to records under this subdivision (a)(4)(G) shall be required to maintain the records in accordance with state and federal laws and regulations regarding confidentiality. (5)(A) The following books, records and other materials in the possession of the office of the attorney general and reporter which relate to any pending or contemplated legal or administrative proceeding in which the office of the attorney general and reporter may be involved shall not be open for public inspection: (i) Books, records or other materials which are confidential or privileged by state law; (ii) Books, records or other materials relating to investigations conducted by federal law enforcement or federal regulatory agencies, which are confidential or privileged under federal law; (iii) The work product of the attorney general and reporter or any attorney working under the attorney general and reporter's supervision and control; (iv) Communications made to or by the attorney general and reporter or any attorney working under the attorney general and reporter's supervision and control in the context of the attorney-client relationship; or (v) Books, records and other materials in the possession of other departments and agencies which are available for public inspection and copying pursuant to §§ 10-7-503 and 10-7-506. It is the intent of this section to leave subject to public inspection and copying pursuant to §§ 10-7-503 and 10-7-506 such books, records and other materials in the possession of other departments even though copies of the same books, records and other materials which are also in the possession of the office of the attorney general and reporter are not subject to inspection or copying in the office of the attorney general and reporter; provided, that such records, books and materials are available for copying and inspection in such other departments. (B) Books, records and other materials made confidential by this subsection (a) which are in the possession of the office of the attorney general and reporter shall be open to inspection by the elected members of the general assembly, if such inspection is directed by a duly adopted resolution of either house or of a standing or joint committee of either house and is required for the conduct of legislative business. (C) Except for the provisions of subdivision (a)(5)(B), the books, records and materials made confidential or privileged by this subdivision (a)(5) shall be disclosed to the public only in the discharge of the duties of the office of the attorney general and reporter. (6) State agency records containing opinions of value of real and personal property intended to be acquired for a public purpose shall not be open for public inspection until the acquisition thereof has been finalized. This shall not prohibit any party to a condemnation action from making discovery relative to values pursuant to the Rules of Civil Procedure as prescribed by law. (7) Proposals received pursuant to personal service, professional service, and consultant service contract regulations, and related records, including evaluations and memoranda, shall be available for public inspection only after the completion of evaluation of same by the state. Sealed bids for the purchase of goods and services, and leases of real property, and individual purchase records, including evaluations and memoranda relating to same, shall be available for public inspection only after the completion of evaluation of same by the state. (8) All investigative records and reports of the internal affairs division of the department of correction or of the department of children's services shall be treated as confidential and shall not be open to inspection by members of the public. However, an employee of the department of correction or of the department of children's services shall be allowed to inspect such investigative records and reports if the records or reports form the basis of an adverse action against the employee. An employee of the department of correction shall also be allowed to inspect such investigative records of the internal affairs division of the department of correction, or relevant portion thereof, prior to a due process hearing at which disciplinary action is considered or issued unless the commissioner of the department of correction specifically denies in writing the employee's request to examine such records prior to the hearing. The release of reports and records shall be in accordance with the Tennessee Rules of Civil Procedure. The court or administrative judge having jurisdiction over the proceedings shall issue appropriate protective orders, when necessary, to ensure that the information is disclosed only to appropriate persons. The information contained in such records and reports shall be disclosed to the public only in compliance with a subpoena or an order of a court of record. (9)(A) Official health certificates, collected and maintained by the state veterinarian pursuant to rule chapter 0080-2-1 of the department of agriculture, shall be treated as confidential and shall not be open for inspection by members of the public. (B) Any data or records provided to or collected by the department of agriculture pursuant to the implementation and operation of premise identification or animal tracking programs shall be considered confidential and shall not be open for inspection by members of the public. Likewise, all contingency plans prepared concerning the department's response to agriculture-related homeland security events shall be considered confidential and shall not be open for inspection by members of the public. The department may disclose data or contingency plans to aid the law enforcement process or to protect human or animal health. (C) Information received by the state that is required by federal law or regulation to be kept confidential shall be exempt from public disclosure and shall not be open for inspection by members of the public. (10)(A) The capital plans, marketing information, proprietary information and trade secrets submitted to the Tennessee venture capital network at Middle Tennessee State University shall be treated as confidential and shall not be open for inspection by members of the public. (B) As used in this subdivision (a)(10), unless the context otherwise requires: (i) “Capital plans” means plans, feasibility studies, and similar research and information that will contribute to the identification of future business sites and capital investments; (ii) “Marketing information” means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships; (iii) “Proprietary information” means commercial or financial information which is used either directly or indirectly in the business of any person or company submitting information to the Tennessee venture capital network at Middle Tennessee State University, and which gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information; (iv) “Trade secrets” means manufacturing processes, materials used therein, and costs associated with the manufacturing process of a person or company submitting information to the Tennessee venture capital network at Middle Tennessee State University. (11) Records that are of historical research value which are given or sold to public archival institutions, public libraries, or libraries of a unit of the Tennessee board of regents or the University of Tennessee, when the owner or donor of such records wishes to place restrictions on access to the records shall be treated as confidential and shall not be open for inspection by members of the public. This exemption shall not apply to any records prepared or received in the course of the operation of state or local governments. (12) Personal information contained in motor vehicle records shall be treated as confidential and shall only be open for inspection in accordance with the provisions of title 55, chapter 25. (13)(A) All memoranda, work notes or products, case files and communications related to mental health intervention techniques conducted by mental health professionals in a group setting to provide job-related critical incident counseling and therapy to law enforcement officers, county and municipal correctional officers, dispatchers, emergency medical technicians, emergency medical technician-paramedics, and firefighters, both volunteer and professional, are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless all parties waive such privilege. In order for such privilege to apply, the incident counseling and/or therapy shall be conducted by a qualified mental health professional as defined in § 33-1-101; (B) For the purposes of this section, “group setting” means that more than one (1) person is present with the mental health professional when the incident counseling and/or therapy is being conducted; (C) All memoranda, work notes or products, case files and communications pursuant to this section shall not be construed to be public records pursuant to this chapter. (D) Nothing in this section shall be construed as limiting a licensed professional's obligation to report suspected child abuse or limiting such professional's duty to warn about dangerous individuals as provided under §§ 33-3-206 -- 33-3-209, or other provisions relevant to the mental health professional's license; (E) Nothing in this section shall be construed as limiting the ability of a patient or client, or such person's survivor, to discover under the Rules of Civil Procedure or to admit in evidence under the Rules of Evidence any memoranda, work notes or products, case files and communications which are privileged by this section and which are relevant to a malpractice action or any other action by a patient against a mental health professional arising out of the professional relationship. In such an action against a mental health professional, neither shall anything in this section be construed as limiting the ability of the mental health professional to so discover or admit in evidence such memoranda, work notes or products, case files and communications. (14) All riot, escape and emergency transport plans which are incorporated in a policy and procedures manual of county jails and workhouses or prisons operated by the department of correction or under private contract shall be treated as confidential and shall not be open for inspection by members of the public. (15)(A) As used in this subdivision (a)(15), unless the context otherwise requires: (i) “Identifying information” means the home and work addresses and telephone numbers, social security number, and any other information that could reasonably be used to locate the whereabouts of an individual; (ii) “Protection document” means: (a) An order of protection issued pursuant to title 36, chapter 3, part 6, that has been granted after proper notice and an opportunity to be heard; (b) A similar order of protection issued by the court of another jurisdiction; (c) An extension of an ex parte order of protection granted pursuant to § 36-3-605(a); (d) A similar extension of an ex parte order of protection granted by a court of competent jurisdiction in another jurisdiction; (e) A restraining order issued by a court of competent jurisdiction prohibiting violence against the person to whom it is issued; (f) A court order protecting the confidentiality of certain information issued upon the request of a district attorney general to a victim or witness in a criminal case, whether pending or completed; and (g) An affidavit from the director of a rape crisis center or domestic violence shelter certifying that an individual is a victim in need of protection; provided, that such affidavit is on a standardized form to be developed and distributed to such centers and shelters by the Tennessee task force against domestic violence; and (iii) “Utility service provider” means any entity, whether public or private, that provides electricity, natural gas, water, or telephone service to customers on a subscription basis, whether or not regulated by the Tennessee regulatory authority. (B) If the procedure set out in this subdivision (a)(15) is followed, identifying information compiled and maintained by a utility service provider concerning a person who has obtained a valid protection document shall be treated as confidential and not open for inspection by the public. (C) For the provisions of subdivision (a)(15)(B) to be applicable, a copy of the protection document must be presented during regular business hours by the person to whom it was granted to the records custodian of the utility service provider whose records such person seeks to make confidential, and such person must request that all identifying information about such person be maintained as confidential. (D) The protection document must at the time of presentation be in full force and effect. The records custodian may assume that a protection document is in full force and effect if it is on the proper form and if on its face it has not expired. (E) Upon being presented with a valid protection document, the records custodian shall accept receipt of it and maintain it in a separate file containing in alphabetical order all protection documents presented to such records custodian pursuant to this subdivision (a)(15). Nothing in this subdivision (a)(15) shall be construed as prohibiting a records custodian from maintaining an electronic file of such protection documents provided the records custodian retains the original document presented. (F) Identifying information concerning a person that is maintained as confidential pursuant to this subdivision (a)(15) shall remain confidential until the person who requested such confidentiality notifies in person the records custodian of the appropriate utility service provider that there is no longer a need for such information to remain confidential. A records custodian receiving such notification shall remove the protection document concerning such person from the file maintained pursuant to subdivision (a)(15)(E), and the identifying information about such person shall be treated in the same manner as the identifying information concerning any other customer of the utility. Before removing the protection document and releasing any identifying information, the records custodian of the utility service provider shall require that the person requesting release of the identifying information maintained as confidential produce sufficient identification to satisfy such custodian that he or she is the same person as the person to whom the document was originally granted. (G) After July 1, 1999, if information is requested from a utility service provider about a person other than the requestor and such request is for information that is in whole or in part identifying information, the records custodian of the utility service provider shall check the separate file containing all protection documents that have been presented to such utility. If the person about whom information is being requested has presented a valid protection document to the records custodian in accordance with the procedure set out in this subdivision (a)(15), and has requested that identifying information about such person be maintained as confidential, the records custodian shall redact or refuse to disclose to the requestor any identifying information about such person. (H) Nothing in this subdivision (a)(15) shall prevent the district attorney general and counsel for the defendant from providing to each other in a pending criminal case, where the constitutional rights of the defendant require it, information which otherwise would be held confidential under this subdivision (a)(15). (16)(A) As used in this subdivision (a)(16), unless the context otherwise requires: (i) “Governmental entity” means the state of Tennessee and any county, municipality, city or other political subdivision of the state of Tennessee; (ii) “Identifying information” means the home and work addresses and telephone numbers, social security number, and any other information that could reasonably be used to locate the whereabouts of an individual; (iii) “Protection document” means: (a) An order of protection issued pursuant to title 36, chapter 3, part 6, that has been granted after proper notice and an opportunity to be heard; (b) A similar order of protection issued by the court of another jurisdiction; (c) An extension of an ex parte order of protection granted pursuant to § 36-3-605(a); (d) A similar extension of an ex parte order of protection granted by a court of competent jurisdiction in another jurisdiction; (e) A restraining order issued by a court of competent jurisdiction prohibiting violence against the person to whom it is issued; (f) A court order protecting the confidentiality of certain information issued upon the request of a district attorney general to a victim or witness in a criminal case, whether pending or completed; and (g) An affidavit from the director of a rape crisis center or domestic violence shelter certifying that an individual is a victim in need of protection; provided, that such affidavit is on a standardized form to be developed and distributed to such centers and shelters by the Tennessee task force against domestic violence. (B) If the procedure set out in this subdivision (a)(16) is followed, identifying information compiled and maintained by a governmental entity concerning a person who has obtained a valid protection document may be treated as confidential and may not be open for inspection by the public. (C) For the provisions of subdivision (a)(16)(B) to be applicable, a copy of the protection document must be presented during regular business hours by the person to whom it was granted to the records custodian of the governmental entity whose records such person seeks to make confidential, and such person must request that all identifying information about such person be maintained as confidential. (D) The protection document presented must at the time of presentation be in full force and effect. The records custodian may assume that a protection document is in full force and effect if it is on the proper form and if on its face it has not expired. (E) Upon being presented with a valid protection document, the record custodian may accept receipt of it. If the records custodian does not accept receipt of such document, the records custodian shall explain to the person presenting the document why receipt cannot be accepted and that the identifying information concerning such person will not be maintained as confidential. If the records custodian does accept receipt of the protection document, such records custodian shall maintain it in a separate file containing in alphabetical order all protection documents presented to such custodian pursuant to this subdivision (a)(16). Nothing in this subdivision (a)(16) shall be construed as prohibiting a records custodian from maintaining an electronic file of such protection documents; provided, that the custodian retains the original document presented. (F) Identifying information concerning a person that is maintained as confidential pursuant to this subdivision (a)(16) shall remain confidential until the person requesting such confidentiality notifies in person the appropriate records custodian of the governmental entity that there is no longer a need for such information to remain confidential. A records custodian receiving such notification shall remove the protection document concerning such person from the file maintained pursuant to subdivision (a)(16)(E), and the identifying information about such person shall be treated in the same manner as identifying information maintained by the governmental entity about other persons. Before removing the protection document and releasing any identifying information, the records custodian of the governmental entity shall require that the person requesting release of the identifying information maintained as confidential produce sufficient identification to satisfy such records custodian that that person is the same person as the person to whom the document was originally granted. (G) After July 1, 1999, if: (i) Information is requested from a governmental entity about a person other than the person making the request; (ii) Such request is for information that is in whole or in part identifying information; and (iii) The records custodian of the governmental entity to whom the request was made accepts receipt of protection documents and maintains identifying information as confidential; then such records custodian shall check the separate file containing all protection documents that have been presented to such entity. If the person about whom information is being requested has presented a valid protection document to the records custodian in accordance with the procedure set out in this subdivision (a)(16), and has requested that identifying information about such person be maintained as confidential, the records custodian shall redact or refuse to disclose to the requestor any identifying information about such person. (H) Nothing in this subdivision (a)(16) shall prevent the district attorney general and counsel for the defendant from providing to each other in a pending criminal case, where the constitutional rights of the defendant require it, information which otherwise may be held confidential under this subdivision (a)(16). (I) In an order of protection case, any document required for filing, other than the forms promulgated by the supreme court pursuant to § 36-3-604(b), shall be treated as confidential and kept under seal except that the clerk may transmit any such document to the Tennessee bureau of investigation, 911 service or emergency response agency or other law enforcement agency. (17) The telephone number, address and any other information which could be used to locate the whereabouts of a domestic violence shelter or rape crisis center may be treated as confidential by a governmental entity, and shall be treated as confidential by a utility service provider as defined in subdivision (a)(15) upon the director of the shelter or crisis center giving written notice to the records custodian of the appropriate entity or utility that such shelter or crisis center desires that such identifying information be maintained as confidential. (18) Computer programs, software, software manuals, and other types of information manufactured or marketed by persons or entities under legal right and sold, licensed, or donated to Tennessee state boards, agencies, or higher education institutions shall not be open to public inspection; provided, that computer programs, software, software manuals, and other types of information produced by state or higher education employees at state expense shall be available for inspection as part of an audit or legislative review process. (19) The credit card numbers of persons doing business with the state or political subdivision thereof and any related personal identification numbers (PIN) or authorization codes are confidential and shall not be open for inspection by members of the public, whether this information is received by the state or political subdivision thereof through electronic means or paper transactions. (20)(A) For the purposes of this subdivision (a)(20), the following terms shall have the following meaning: (i) “Consumer” means any person, partnership, limited partnership, corporation, professional corporation, limited liability company, trust, or any other entity, or any user of a utility service; (ii) “Municipal” and “municipality” means a county, metropolitan government, incorporated city, town of the state, or utility district as created in title 7, chapter 82; (iii) “Private records” means a credit card number, social security number, tax identification number, financial institution account number, burglar alarm codes, security codes, and access codes; and (iv) “Utility” shall include any public electric generation system, electric distribution system, water storage or processing system, water distribution system, gas storage system or facilities related thereto, gas distribution system, wastewater system, telecommunications system, or any services similar to any of the foregoing. (B) The private records of any utility shall be treated as confidential and shall not be open for inspection by members of the public. (C) Information made confidential by this subsection (a) shall be redacted wherever possible and nothing in this subsection (a) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains confidential information. For purposes of this section only, it shall be presumed that redaction of such information is possible. The entity requesting the records shall pay all reasonable costs associated with redaction of materials. (D) Nothing in this subsection (a) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions. (E) Nothing in this subsection (a) shall be construed to limit access to information made confidential under this subsection (a), when the consumer expressly authorizes the release of such information. (21)(A) The following records shall be treated as confidential and shall not be open for public inspection: (i) Records that would allow a person to identify areas of structural or operational vulnerability of a utility service provider or that would permit unlawful disruption to, or interference with, the services provided by a utility service provider; (ii) All contingency plans of a governmental entity prepared to respond to or prevent any violent incident, bomb threat, ongoing act of violence at a school or business, ongoing act of violence at a place of public gathering, threat involving a weapon of mass destruction, or terrorist incident. (B) Documents concerning the cost of governmental utility property, the cost of protecting governmental utility property, the cost of identifying areas of structural or operational vulnerability of a governmental utility, the cost of developing contingency plans for a governmental entity, and the identity of vendors providing goods or services to a governmental entity in connection with the foregoing shall not be confidential. However, any documents relating to these subjects shall not be made available to the public unless information that is confidential under this subsection (a) or any other provision of this chapter has been redacted or deleted from the documents. (C) As used in this subdivision (a)(21): (i) “Governmental entity” means the state of Tennessee or any county, municipality, city or other political subdivision of the state of Tennessee; (ii) “Governmental utility” means a utility service provider that is also a governmental entity; and (iii) “Utility service provider” means any entity, whether public or private, that provides electric, gas, water, sewer or telephone service, or any combination of the foregoing, to citizens of the state of Tennessee, whether or not regulated by the Tennessee regulatory authority. (D) Nothing in this subdivision (a)(21) shall be construed to limit access to these records by other governmental agencies performing official functions or to preclude any governmental agency from allowing public access to these records in the course of performing official functions. (22) The audit working papers of the comptroller of the treasury and state, county and local government internal audit staffs conducting audits as authorized by § 4-3-304 shall be considered confidential and therefore shall not be open records pursuant to this chapter. (b) Any record designated “confidential” shall be so treated by agencies in the maintenance, storage and disposition of such confidential records. These records shall be destroyed in such a manner that they cannot be read, interpreted or reconstructed. The destruction shall be in accordance with an approved records disposition authorization from the public records commission. (c) Notwithstanding any provision of the law to the contrary, any confidential public record in existence more than seventy (70) years shall be open for public inspection by any person unless disclosure of the record is specifically prohibited or restricted by federal law or unless the record is a record of services for a person for mental illness or mental retardation. The provisions of this section do not apply to a record concerning an adoption or a record maintained by the office of vital records or by the Tennessee bureau of investigation. For the purpose of providing an orderly schedule of availability for access to such confidential public records for public inspection, all records created and designated as confidential prior to January 1, 1901, shall be open for public inspection on January 1, 1985. All other public records created and designated as confidential after January 1, 1901 and which are seventy (70) years old on January 1, 1985, shall be open for public inspection on January 1, 1986; thereafter all such records shall be open for public inspection pursuant to this part after seventy (70) years from the creation date of such records. (d) Records of any employee's identity, diagnosis, treatment, or referral for treatment that are maintained by any state or local government employee assistance program shall be confidential; provided, that any such records are maintained separately from personnel and other records regarding such employee that are open for inspection. For purposes of this subsection (d), “employee assistance program” means any program that provides counseling, problem identification, intervention, assessment, or referral for appropriate diagnosis and treatment, and follow-up services to assist employees of such state or local governmental entity who are impaired by personal concerns including, but not limited to, health, marital, family, financial, alcohol, drug, legal, emotional, stress or other personal concerns which may adversely affect employee job performance. (e) Unpublished telephone numbers in the possession of emergency communications districts created pursuant to title 7, chapter 86, shall be treated as confidential and shall not be open for inspection by members of the public until such time as any provision of the service contract between the telephone service provider and the consumer providing otherwise is effectuated; provided, that addresses held with such unpublished telephone numbers, or addresses otherwise collected or compiled, and in the possession of emergency communications districts created pursuant to title 7, chapter 86, shall be made available upon written request to any county election commission for the purpose of compiling a voter mailing list for a respective county. (f)(1) The following records or information of any state, county, municipal or other public employee or former employee, or of any law enforcement officer commissioned pursuant to § 49-7-118, in the possession of a governmental entity or any person in its capacity as an employer shall be treated as confidential and shall not be open for inspection by members of the public: (A) Home telephone and personal cell phone numbers; (B) Bank account and individual health savings account, retirement account and pension account information; provided, that nothing shall limit access to financial records of a governmental employer that show the amounts and sources of contributions to the accounts or the amount of pension or retirement benefits provided to the employee or former employee by the governmental employer; (C) Social security number; (D)(i) Residential information, including the street address, city, state and zip code, for any state employee; and (ii) Residential street address for any county, municipal or other public employee; (E) Driver license information except where driving or operating a vehicle is part of the employee's job description or job duties or incidental to the performance of the employee's job; and (F) The information listed in subdivisions (f)(1)(A)--(E) of immediate family members or household members. (2) Information made confidential by this subsection (f) shall be redacted wherever possible and nothing in this subsection (f) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information. (3) Nothing in this subsection (f) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions. (4) Nothing in this subsection (f) shall be construed to close any personnel records of public officers which are currently open under state law. (5) Nothing in this subsection (f) shall be construed to limit access to information made confidential under this subsection (f), when the employee expressly authorizes the release of such information. (g)(1)(A)(i) All law enforcement personnel information in the possession of any entity or agency in its capacity as an employer, including officers commissioned pursuant to § 49-7-118, shall be open for inspection as provided in § 10-7-503(a), except personal information shall be redacted where there is a reason not to disclose as determined by the chief law enforcement officer or the chief law enforcement officer's designee. (ii) When a request to inspect includes personal information and the request is for a professional, business, or official purpose, the chief law enforcement officer or custodian shall consider the specific circumstances to determine whether there is a reason not to disclose and shall release all information, except information made confidential in § 10-7-504(f), if there is not such a reason. In all other circumstances, the officer shall be notified prior to disclosure of the personal information and shall be given a reasonable opportunity to be heard and oppose the release of the information. Nothing in this subdivision (g)(1) shall be construed to limit the requestor's right to judicial review set out in § 10-7-505. (iii) The chief law enforcement officer shall reserve the right to segregate information that could be used to identify or to locate an officer designated as working undercover. (B) In addition to the requirements of § 10-7-503(c), the request for a professional, business, or official purpose shall include the person's business address, business telephone number and email address. The request may be made on official or business letterhead and the person making the request shall provide the name and contact number or email address for a supervisor for verification purposes. (C) If the chief law enforcement official, the chief law enforcement official's designee, or the custodian of the information decides to withhold personal information, a specific reason shall be given to the requestor in writing within two (2) business days, and the file shall be released with the personal information redacted. (D) For purposes of this subsection (g), personal information shall include the officer's residential address, home and personal cellular telephone number; place of employment; name, work address and telephone numbers of the officer's immediate family; name, location, and telephone number of any educational institution or daycare provider where the officer's spouse or child is enrolled. (2) Nothing in this subsection (g) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains some information made confidential by subdivision (g)(1). (3) Nothing in this subsection (g) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions. (4) Except as provided in subdivision (g)(1), nothing in this subsection (g) shall be construed to close personnel records of public officers, which are currently open under state law. (5) Nothing in this subsection (g) shall be construed to limit access to information made confidential by subdivision (g)(1), when the employee expressly authorizes the release of such information. (h)(1) Notwithstanding any other law to the contrary, those parts of the record identifying an individual as a person who has been or may in the future be directly involved in the process of executing a sentence of death shall be treated as confidential and shall not be open to public inspection. For the purposes of this section “person” includes, but is not limited to, an employee of the state who has training related to direct involvement in the process of executing a sentence of death, a contractor or employee of a contractor, or a volunteer who has direct involvement in the process of executing a sentence of death. Records made confidential by this section include, but are not limited to, records related to remuneration to a person in connection with such person's participation in or preparation for the execution of a sentence of death. Such payments shall be made in accordance with a memorandum of understanding between the commissioner of correction and the commissioner of finance and administration in a manner that will protect the public identity of the recipients; provided, if a contractor is employed to participate in or prepare for the execution of a sentence of death, the amount of the special payment made to such contractor pursuant to the contract shall be reported by the commissioner of correction to the comptroller of the treasury and such amount shall be a public record. (2) Information made confidential by this subsection (h) shall be redacted wherever possible and nothing in this subsection (h) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information. (i)(1) Information that would allow a person to obtain unauthorized access to confidential information or to government property shall be maintained as confidential. For the purpose of this section, “government property” includes electronic information processing systems, telecommunication systems, or other communications systems of a governmental entity subject to this chapter. For the purpose of this section, “governmental entity” means the state of Tennessee and any county, municipality, city or other political subdivision of the state of Tennessee. Such records include: (A) Plans, security codes, passwords, combinations, or computer programs used to protect electronic information and government property; (B) Information that would identify those areas of structural or operational vulnerability that would permit unlawful disruption to, or interference with, the services provided by a governmental entity; and (C) Information that could be used to disrupt, interfere with, or gain unauthorized access to electronic information or government property. (2) Information made confidential by this subsection (i) shall be redacted wherever possible and nothing in this subsection (i) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains confidential information. (3) Documents concerning the cost of protecting government property or electronic information, and the identity of vendors providing goods and services used to protect government property or electronic information shall not be confidential. (j)(1) Notwithstanding any other law to the contrary, identifying information compiled and maintained by the department of correction and the department of probation and parole concerning any person shall be confidential when the person has been notified or requested that notification be provided to the person regarding the status of criminal proceedings or of a convicted felon incarcerated in a department of correction institution, county jail or workhouse or under state supervised probation or parole pursuant to § 40-28-505, § 40-38-103, § 40-38-110, § 40-38-111, § 41-21-240 or § 41-21-242. (2) For purposes of subdivision (j)(1), "identifying information" means the name, home and work addresses, telephone numbers and social security number of the person being notified or requesting that notification be provided. (k) The following information regarding victims who apply for compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13, shall be treated as confidential and shall not be open for inspection by members of the public: (1) Residential information, including the street address, city, state and zip code; (2) Home telephone and personal cell phone numbers; (3) Social security number; and (4) The criminal offense from which the victim is receiving compensation. (l)(1) All applications, certificates, records, reports, legal documents and petitions made or information received pursuant to title 37 that directly or indirectly identifies a child or family receiving services from the department of children's services or that identifies the person who made a report of harm pursuant to § 37-1-403 or § 37-1-605 shall be confidential and shall not be open for public inspection, except as provided by §§ 37-1-131, 37-1-409, 37-1-612, 37-5-107 and 49-6-3051. (2) The information made confidential pursuant to subdivision (l)(1) includes information contained in applications, certifications, records, reports, legal documents and petitions in the possession of not only the department of children's services but any state or local agency, including, but not limited to, law enforcement and the department of education. (m)(1) Information and records that are directly related to the security of any government building shall be maintained as confidential and shall not be open to public inspection. For purposes of this subsection (m), “government building” means any building that is owned, leased or controlled, in whole or in part, by the state of Tennessee or any county, municipality, city or other political subdivision of the state of Tennessee. Such information and records include, but are not limited to: (A) Information and records about alarm and security systems used at the government building, including codes, passwords, wiring diagrams, plans and security procedures and protocols related to the security systems; (B) Security plans, including security-related contingency planning and emergency response plans; (C) Assessments of security vulnerability; (D) Information and records that would identify those areas of structural or operational vulnerability that would permit unlawful disruption to, or interference with, the services provided by a governmental entity; and (E) Surveillance recordings, whether recorded to audio or visual format, or both, except segments of the recordings may be made public when they include an act or incident involving public safety or security or possible criminal activity. In addition, if the recordings are relevant to a civil action or criminal prosecution, then the recordings may be released in compliance with a subpoena or an order of a court of record in accordance with the Tennessee rules of civil or criminal procedure. The court or administrative judge having jurisdiction over the proceedings shall issue appropriate protective orders, when necessary, to ensure that the information is disclosed only to appropriate persons. Release of any segment or segments of the recordings shall not be construed as waiving the confidentiality of the remaining segments of the audio or visual tape. (2) Information made confidential by this subsection (m) shall be redacted wherever possible and nothing in this subsection (m) shall be used to limit or deny access to otherwise public information because a file or document contains confidential information. (n) Notwithstanding any law to the contrary, the following documents submitted to the State in response to a request for proposal or other procurement method shall remain confidential after completion of the evaluation period: (1) Discount, rebate, pricing or other financial arrangements at the individual drug level between pharmaceutical manufacturers, pharmaceutical wholesalers/distributors, and pharmacy benefits managers (as defined in § 56-7-3102) that a proposer: (A) Submits to the State in response to a request for proposals or other procurement methods for pharmacy-related benefits or services; (B) Which the proposer includes in its cost or price proposal, or provides to the State after the notice of intended award of the contract is issued, where the proposer is the apparent contract awardee; and (C) Explicitly marks as confidential and proprietary. (2) Discount, rebate, pricing or other financial arrangements at the individual provider level between health care providers and health insurance entities (as defined in § 56-7-109), insurers, insurance arrangements and third party administrators that a proposer: (A) Submits to the State in response to a request for proposals or other procurement method after the notice of intended award of the contract is issued, where the proposer is the apparent contract awardee, in response to a request by the State for additional information; and (B) Explicitly marks as confidential and proprietary. (o) Information made confidential by subsection (n) shall be redacted wherever possible; and nothing contained in subsection (n) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information. The confidentiality established by subdivision (n)(2) is applicable only to information submitted to the State after completion of the evaluation period; and provision of the notice of intended award of the contract and such information shall only be used to validate the accuracy of the apparent contract awardee's proposal and shall not be used to alter the scope of the information required by the State's procurement document requesting proposals. Any report produced by the State, or on the State's behalf, utilizing the information made confidential by subdivision (n)(2) shall not be considered confidential hereunder so long as such report is disclosed in an aggregate or summary format without disclosing discount, rebate, pricing or other financial arrangements at the individual provider level. CREDIT(S) 1957 Pub.Acts, c. 285, § 2; 1970 Pub.Acts, c. 531, §§ 1, 2; 1973 Pub.Acts, c. 99, § 1; 1975 Pub.Acts, c. 127, § 1; 1976 Pub.Acts, c. 552, § 1; 1976 Pub.Acts, c. 777, § 1; 1977 Pub.Acts, c. 152, § 3; 1978 Pub.Acts, c. 544, § 1; 1978 Pub.Acts, c. 890, § 2; 1983 Pub.Acts, c. 211, § 1; 1984 Pub.Acts, c. 947, § 2; 1985 Pub.Acts, c. 421, §§ 1 to 4; 1985 Pub.Acts (1st Ex. Sess.), c. 5, § 29; 1987 Pub.Acts, c. 118, § 2; 1987 Pub.Acts, c. 337, § 20; 1988 Pub.Acts, c. 783, § 1; 1988 Pub.Acts, c. 894, § 2; 1989 Pub.Acts, c. 75, § 1; 1989 Pub.Acts, c. 278, § 27; 1990 Pub.Acts, c. 888, § 1; 1991 Pub.Acts, c. 129, § 1; 1992 Pub.Acts, c. 823, § 1; 1996 Pub.Acts, c. 724, § 1, eff. April 9, 1996; 1996 Pub.Acts, c. 745, § 16, eff. July 1, 1997; 1996 Pub.Acts, c. 1079, § 29, eff. May 21, 1996; 1997 Pub.Acts, c. 84, § 1, eff. April 11, 1997; 1997 Pub.Acts, c. 290, § 1, eff. May 28, 1997; 1997 Pub.Acts, c. 292, § 1, eff. May 28, 1997; 1998 Pub.Acts, c. 1075, § 1, eff. May 19, 1998; 1999 Pub.Acts, c. 176, §§ 1, 2, eff. May 19, 1999; 1999 Pub.Acts, c. 199, § 1, eff. May 19, 1999; 1999 Pub.Acts, c. 344, §§ 1, 2, 4; 1999 Pub.Acts, c. 514, § 2, eff. June 17, 1999; 2000 Pub.Acts, c. 562, § 1, eff. Feb. 25, 2000; 2000 Pub.Acts, c. 783, § 10, eff. May 22, 2000; 2001 Pub.Acts, c. 259, §§ 1, 2, eff. May 22, 2001; 2002 Pub.Acts, c. 730, § 53, eff. July 1, 2002; 2002 Pub.Acts, c. 769, § 1, eff. July 1, 2002; 2002 Pub.Acts, c. 819, § 1, eff. June 27, 2002; 2002 Pub.Acts, c. 849, § 12, eff. July 4, 2002; 2003 Pub.Acts, c. 105, § 1; 2003 Pub.Acts, c. 201, § 1, eff. May 29, 2003; 2003 Pub.Acts, c. 295, § 1, eff. June 6, 2003; 2004 Pub.Acts, c. 434, § 1, eff. July 1, 2004; 2004 Pub.Acts, c. 673, § 21, eff. May 17, 2004; 2005 Pub.Acts, c. 47, § 1, eff. April 12, 2005; 2005 Pub.Acts, c. 474, § 6, eff. June 18, 2005; 2006 Pub.Acts, c. 665, § 1, eff. May 12, 2006; 2007 Pub.Acts, c. 178, § 1, eff. July 1, 2007; 2007 Pub.Acts, c. 425, §§ 2, 3, eff. June 13, 2007; 2008 Pub.Acts, c. 853, §§ 2, 3 eff. May 1, 2008; 2008 Pub.Acts, c. 1011, § 3; 2009 Pub.Acts, c. 176, § 1, eff. July 1, 2009; 2009 Pub.Acts, c. 310, §§ 1, 2, eff. May 27, 2009; 2009 Pub.Acts, c. 328, § 1, eff. May 29, 2009; 2009 Pub.Acts, c. 358, § 1, eff. July 1, 2009; 2009 Pub.Acts, c. 368, § 5, eff. June 5, 2009; 2009 Pub.Acts, c. 567, § 1, eff. July 1, 2009; 2010 Pub.Acts, c. 710, § 1, eff. March 31, 2010. Formerly § 15-305. [FN1] 20 U.S.C.A. § 1232g. HISTORICAL AND STATUTORY NOTES 1996 Pub.Acts, c. 1079, §§ 184 and 185, provide: “SECTION 184. Any provision of this act, or the application thereof, which is inconsistent with federal law, rule or regulation shall be deemed to be construed as being consistent with federal law, rule or regulation. “SECTION 185. If any provision of this act, or the application thereof, to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.” 1999 Pub.Acts, c. 176, § 2, provides: “Nothing in this act shall be construed to limit access to information made confidential under this act, when the employee expressly authorizes the release of such information.” 1999 Pub.Acts, c. 176, § 3, provides: “This act shall take effect upon becoming law, the public welfare requiring it.” 1999 Pub.Acts, c. 176 (Senate Bill 647), was received by the governor on May 6, 1999, and returned on May 19, 1999. Article 3, § 18, of the Tennessee Constitution provides, in part: “If the Governor shall fail to return any Bill with his objections in writing within ten calendar days (Sundays excepted) after it shall have been presented to him, the same shall become a law without his signature.” 1999 Pub.Acts, c. 176, became law without the governor's signature. 1999 Pub.Acts, c. 344, § 6, provides: “For the purpose of the Tennessee Task Force Against Domestic Violence preparing a standardized affidavit form for directors of rape crisis centers and domestic violence shelters for use as a protection document, this act shall take effect upon becoming law, the public welfare requiring it. For all other purposes it shall take effect on July 1, 1999, the public welfare requiring it.” 2002 Pub.Acts, c. 769, § 2, provides: “This act shall take effect on July 1, 2002, the public welfare requiring it and shall apply to all orders of protection filed on or after the effective date.” 2003 Pub.Acts, c. 105, § 2, provides: “This act shall take effect ninety (90) days after becoming a law [signed by the Governor on May 12, 2003], the public welfare requiring it.” 2004 Pub.Acts, c. 673, § 29, provides: “To effectuate the provisions of this act, the Commissioner of Finance and Administration shall have the authority to promulgate any necessary rules and regulations not otherwise provided for in this act. All rules and regulations provided for in this act are authorized to be promulgated as public necessity rules pursuant to § 4-5-209. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.” The preamble of 2004 Pub.Acts, c. 673, provides: “WHEREAS, the TennCare program has, since its beginning in January 1994, provided vital health care coverage to over one million poor uninsured and uninsurable Tennesseans; and “WHEREAS, the TennCare program, since its inception, has continued to see the overall cost of the program rise at an unsustainable rate; and “WHEREAS, McKinsey & Company, an independent, internationally known consulting firm, has thoroughly reviewed the TennCare program and determined that it is not financially viable in its current form. McKinsey & Company concluded, among other findings, that if the cost of the TennCare program continues to rise at its current rate, it will consume 91% of all new state revenues by the year 2008; and “WHEREAS, reforms must be instituted and controls must be placed on the overall expenditures of the TennCare program or the State will be faced with the dilemma of cutting back education and other areas of critical services provided to the citizens of Tennessee; and “WHEREAS, Governor Bredesen delivered a speech to a joint session of the House of Representatives and the Senate on February 17, 2004, in which he outlined a reform package to save TennCare; and “WHEREAS, Governor Bredesen's reform plan proposes fundamental changes to TennCare with the goal of preserving the underlying program and maintaining adequate benefits for as many enrollees, including currently eligible uninsured and uninsurable Tennessee citizens, as possible and practicable; and “WHEREAS, Governor Bredesen's TennCare reform plan is intended to stabilize TennCare expenditures at the current proportion of state revenues, and not to let expenses rise by the 10 percentage points projected by McKinsey & Company. Achieving this goal would result in freeing approximately $1 billion in 2008 to be spent on other critical state needs, particularly education; and “WHEREAS, more than two dozen organizations representing education, business and industry, health care and other interests have endorsed Governor Bredesen's TennCare reform plan; and “WHEREAS, it is the clear intent and desire of the Tennessee General Assembly to endorse the reform plan and goals set forth by Governor Bredesen and to authorize the significant structural reforms that the Governor has said are necessary to save and sustain the TennCare program, including specific actions to get costs under control; and “WHEREAS, the TennCare program, in order to become a financially viable program, must take steps to stabilize expenditures through a variety of necessary measures, which may include but are not limited to, elimination of covered benefits or limitations on the scope, intensity, or duration of such benefits, implementation of cost sharing requirements for enrollees, including the Medicaid population, aggressive methods of controlling pharmaceutical costs, including the use of reference pricing, prior authorization, step therapy requirements, exclusion from coverage of drugs, mandating the use of generic drugs or therapeutic equivalent drugs, and elimination from eligibility of non-mandatory categories of enrollees. Other measures may include new programs that help to more efficiently and effectively provide medical services, new initiatives that utilize the latest technology in health care services, ongoing, and objective expert review processes; and “WHEREAS, the State of Tennessee, in taking such steps to control costs, may also determine that the State's best interests are served by providing a ‘Safety Net Program’ for certain individuals who need access to non-emergency medically necessary covered health care services but do not have the ability to meet cost sharing requirements or who have exhausted the benefits for which they are eligible; and “WHEREAS, the steps to keep TennCare viable will require the best efforts and cooperation of the State, providers, advocates, TennCare members, and all other groups that value this program and want to ensure its continuation on behalf of all the Tennesseans that the TennCare program serves; and “WHEREAS, because of the negative effect of TennCare fraud and abuse on the people of the State of Tennessee and those individuals who need medical assistance, the General Assembly declares it to be public policy of the State of Tennessee that TennCare fraud and abuse be identified and dealt with aggressively and appropriately; and “WHEREAS, one of the purposes of this act is to create the Office of TennCare Inspector General, which will be a new division that will focus solely on the prevention and detection of fraud and abuse in the TennCare program; and “WHEREAS, the creation of the Office of TennCare Inspector General is necessary and important because TennCare fraud and abuse undermines the financial stability of the State and the public faith in the TennCare program, and deprives enrollees of quality health care services; now, therefore,” 2005 Pub.Acts, c. 474, § 28, provides: “To effectuate the provisions of this act, the Commissioners of Finance and Administration, Commerce and Insurance, and Health, for the respective sections of this act that their departments are responsible for implementing, shall have the authority to promulgate any necessary rules and regulations. All rules and regulations provided for by this section shall be promulgated as public necessity rules pursuant to Tennessee Code Annotated, Section 4-5-209. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in Title 4, Chapter 5.” 2008 Pub.Acts, c. 1011, §§ 4 and 5, provide: “SECTION 4. The state board of education, acting in consultation with the department of children's services, is authorized to promulgate rules and regulations to effectuate the purposes of this act. All such rules and regulations shall be promulgated in accordance with the provisions of Tennessee Code Annotated, Title 4, Chapter 5. “SECTION 5. For purposes of promulgating necessary rules and regulations to effectuate the purpose of this act, this act shall take effect upon becoming a law [May 22, 2008], the public welfare requiring it. For all other purposes, this act shall take effect October 1, 2008. ’’ CROSS REFERENCES Abortions, minors, court records, confidentiality, see § 37-10-304. Abortions, physician's records and reports, confidential information, see § 39-15-203. Accountants, review committees, confidential information, see § 62-1-202. Administrative procedure, contested cases, agency records, see § 4-5-311. Adoption, court reports, records, studies, and other information, confidentiality, see §§ 36-1-111, 36-1-116, 36-1-118, 36-1-125, 36-1-126, 36-1-127, 36-1-304. Anatomical gifts, donor information, confidentiality, see § 68-30-111. Attorney general, investigative authority, confidentiality of materials, see § 8-6-407. Banks, commissioner approval of acquisition of control, information obtained by commissioner, confidentiality, see § 45-2-103. Banks, examination and reports, confidential information, see § 45-2-1603. Banks, prohibited acts, reports of violations to district attorneys general, confidential information, see § 45-2-1717. Birth defects registry, confidential information, see § 68-5-506. Blind persons, special education, confidential information, see § 49-10-804. Bureau of investigation, expunged criminal offender and pretrial diversion database, confidentiality, see § 38-6-118. Business and industrial development corporations, confidential information, see § 45-8-221. Business tax records, confidentiality, see § 67-4-722. Cancer reporting system, confidential information, see § 68-1-1006. Child abuse, mandatory reporting, confidential information, criminal penalties, see § 37-1-409. Child advocacy centers, confidentiality of information, see § 9-4-213. Child care agencies, investigations of abuse, neglect, or sexual abuse, licensing, confidentiality of records, see § 37-5-512. Child fatality review teams, medical and agency records, confidentiality, see § 68-142-108. Civil service tests, see § 8-30-303. Coal surface mining, permit applications, confidentiality of information, see §§ 59-8-406, 59-8-411. Collection services, license applications, financial information, confidentiality, see § 62-20-119. Correctional institutions, officers and employees, drug tests, confidentiality, see § 41-1-122. Correctional institutions, violence committed by or against any guard, employee or inmate, reports, confidentiality, see § 41-21-408. County medical examiner report, toxicological report or autopsy report, confidentiality, see § 38-7-110. Department of Children's Services, confidentiality of records, see § 37-5-107. Department of Economic and Community Development, records, see §§ 4-3-712, 4-3-730. Divorce, mediation proceedings, confidentiality, see § 36-4-130. Domestic abuse, death, interagency review team, information, confidentiality, see § 36-3-624. Domestic abuse, health care practitioners, voluntary reporting, see § 36-3-621. Domestic violence shelters and rape crisis centers, records, confidentiality, see § 36-3-623. Elections, investigations, reports, see § 2-11-202. Employee leasing, investigations, audits and reviews, confidentiality of information, see § 62-43-117. Employment records and reports, confidential information, see § 50-7-701. Energy production facilities, competitive bidding, see § 7-54-107. Financial institutions, compliance review documents, confidentiality, see § 45-1-126. Gift tax, records, confidentiality, see § 67-8-109. Hazardous chemical right to know law, trade secrets, confidential information not a public record, see § 50-3-2013. Hazardous waste management, confidential information, see § 68-212-109. Health care facilities, report of federally recognized accrediting health care organization, confidentiality, see § 68-11-210. Health maintenance organizations, confidential information and documentation, see § 56-32-235. Industrial finance corporation, guaranty of revenue bonds, applications, see § 4-17-408. Inheritance tax, records, confidentiality, see § 67-8-404. Insurance companies, rehabilitation and liquidation, records, confidentiality, see §§ 56-9-202, 56-9-504. Insurance, examination of companies, confidentiality of information, see § 56-1-411. Insurance, filings with National Association of Insurance Commissioners, confidentiality, see § 56-44-105. Insurance holding company systems, confidentiality of information obtained by the commissioner, see §§ 56-11-204, 56-11-208. Insurance, life settlements, confidentiality, see §§ 56-50-107, 56-50-109. Insurance, medical malpractice claims, reports, confidentiality, see § 56-3-111. Insurance, merger, consolidation and exchange of stock, reporting requirements, confidentiality, see § 56-10-301. Investigative grand juries, proceedings and documents, confidentiality, see §§ 40-12-209, 40-12-211. Investigative records, appointments by governor and Supreme Court justice to positions of trust and responsibility, confidentiality, see § 38-6-106. Judicial evaluation, appellate judges, procedures, confidential information, see § 17-4-201. Judicial incapacity, complaints, confidentiality, see § 17-5-303. Juvenile court proceedings, disposition of delinquent child, notice to school personnel, confidentiality, see § 37-1-131. Juvenile court proceedings, inspection of court files and records, confidentiality, see § 37-1-153. Juvenile court proceedings, inspection of law enforcement records and files, confidentiality, see § 37-1-154. Juvenile court proceedings, law enforcement fingerprint and photograph records, confidentiality, see § 37-1-155. Juvenile courts and proceedings, child sexual abuse, confidential information, see §§ 37-1-605, 37-1-607, 37-1-612, 37-1-615. Juvenile courts and proceedings, teen court program, confidentiality of records, see § 37-1-702. Juvenile courts, statistics, publication, identifying information, confidentiality, see § 37-1-506. Juveniles, foster care, confidential information, see §§ 37-2-408, 37-2-411, 37-2-414, 37-2-415. Lawyers' assistance programs, confidential information, see §§ 23-4-104, 23-4-105. Legislative office of program evaluation, records, see § 3-14-109. Medical records, confidentiality, see § 63-2-101. Medicine and surgery, peer review committees, records, confidentiality, see § 63-6-219. Meetings of the Information Systems Council, discussion of confidential subjects, see § 4-3-5509. Mental health and developmental disabilities, service recipients, records and other information, confidentiality, see §§ 33-3-103 to 33-3-110. Money transmitters, confidentiality of data submitted to commissioner, see, § 45-7-216. Mortgagee or lender duties, confidentiality of insurance policy information, see § 47-23-101. Motor vehicle records, confidentiality of personal information, see § 55-25-104. Motor vehicles, accident reports, see §§ 55-10-108, 55-10-114. Nursing homes, complaints, identity of complainant and any patient or resident identified in complaint, confidentiality, see § 68-11-904. Occupational safety and health, accident reports, confidentiality, see § 50-3-702. Occupational safety and health, trade secrets, confidentiality, see § 50-3-914. Oil and gas production, drilling permits, confidential information, see § 60-1-505. Parole hearings, written victim impact statements, confidentiality, see § 40-28-504. Pharmacy, peer review committees, records, confidentiality, see § 63-10-405. Post secondary education, research data, confidential information, see § 49-7-120. Prison inmate, death, notice of infectivity by bloodborne pathogen, confidential information, see § 41-51-103. Prison inmates, infectious disease, employee or visitor exposure, confidentiality of test information, see § 41-51-102. Prison inmates, records, confidential information, see § 4-6-140. Property taxes, state tax records, open records, reports and schedules, privileged information, see §§ 67-5-401, 67-5-402. Psychologists, peer review committees, records, confidentiality, see § 63-11-220. Public employees, deferred or tax-sheltered compensation programs, nondisclosure of medical records, see §§ 8-25-307, 8-25-502. Public employees, retirement system, nondisclosure of medical records, see § 8-36-510. Public obligations, owner identity, confidentiality, see § 9-19-109. Reinsurance intermediaries, licenses, summary of basis of refusal to issue license, confidentiality, see § 56-6-803. Savings and loan associations, confidentiality of books, papers and other records, see § 45-3-807. Schools, child's criminal offenses, notice to school by parent or guardian, confidentiality, see § 49-6-3051. Schools, student information, confidentiality, see § 49-6-5105. Sexually transmitted diseases, exposure of emergency workers, evaluations, confidentiality, see § 68-10-117. Sexually transmitted diseases, exposure of law enforcement officers, testing, confidentiality, see § 68-10-116. Sexually transmitted diseases, health department records, confidentiality, see § 68-10-113. Sexual offender registration and monitoring, centralized record system, offenses committed prior to July 1, 1997, confidentiality, see § 40-39-206. Shoplifting, agreements between merchant and person responsible for damages and penalties, confidentiality, see §§ 39-14-144, 39-14-145. State board of education, confidential information, see § 49-1-302. Statutory rape prevention, reports, confidentiality, see § 38-1-304. Tax law violations, investigative records, confidentiality, see § 67-1-1705. Tax returns and financial information, confidentiality, see §§ 67-1-110, 67-1-1702, 67-2-108. Telephone solicitation, regulatory authority to maintain database of residential subscribers who object to solicitation, confidentiality, see § 65-4-405. Tennessee Technology Development Corporation, confidentiality of records, see § 4-14-308. Traumatic brain injuries, reports by treating hospitals, confidential information, see § 68-55-204. Veterinarians, board records, confidential information, see § 63-12-110. Veterinarians, peer review committees, records, confidentiality, see § 63-12-138. Victim-offender mediation center, confidential information, see § 16-20-103. Victim-offender mediation centers, confidentiality and anonymity of mediation participants, see § 16-20-102. Victim's rights and duty, conference with prosecuting attorney before trial, information relating to substance of case, confidentiality, see § 40-38-114. Welfare, Title IV-D services, Department of Human Services records, confidential information, see § 71-1-131. Wiretapping and electronic surveillance, recordings of wire, oral, or electronic communications, confidentiality, see § 40-6-304. Workers' compensation, confidentiality of medical records, see § 50-6-131. Workers' compensation, proof of financial ability to pay claims, confidentiality of financial statements, see § 50-6-405. LAW REVIEW AND JOURNAL COMMENTARIES 2008 Public Records Act. Craig E. Willis, 45 Tenn. B.J. 20 (June 2009). Bid Protests in Tennessee. Steven W. Feldman, 34 Tenn. B.J. 27 (Sept./Oct. 1998). The Tennessee Public Records Act. Craig E. Willis, 43 Tenn. B.J. 20 (Feb. 2007). Updating Tennessee's Public Records Law. Douglas Pierce, 24 Tenn. B.J. 24 (Sept./Oct. 1988). LIBRARY REFERENCES Key Numbers Colleges and Universities 9.40. Mental Health 21. Records 31, 53 to 60. Westlaw Key Number Searches: 326k31; 257Ak21; 326k53 to 326k60; 81k9.40. Corpus Juris Secundum C.J.S. Colleges and Universities § 29. C.J.S. Criminal Law §§ 449 to 450. C.J.S. Insane Persons §§ 17 to 20. C.J.S. Records §§ 74 to 92, 99 to 111. RESEARCH REFERENCES ALR Library 27 ALR 4th 680, What Are “Records” of Agency Which Must be Made Available Under State Freedom of Information Act. Forms Tennessee Forms for Trial Practice - Damages § 5:16, Petition for Access to Public Records, Fees and Costs. Tennessee Forms for Trial Practice - Damages § 5:18, Judgment on Petition for Access to Public Records Awarding Costs and Attorney's Fees. Treatises and Practice Aids DUI: the Crime and Consequences in Tennessee § 6:16, Alternative Means of Introducing Chemical Test Results. TN Prac. Tenn. Divorce, Alimony and Child Custody § 2:4, Right to Protect Person and Property. UNITED STATES CODE ANNOTATED National Driver Register, state information sharing of license denial, and driving offenses, revocation, etc., see 49 U.S.C.A. § 30301 et seq. National motor vehicle title information system, state information sharing, see 49 U.S.C.A. § 30501 et seq. UNITED STATES SUPREME COURT Education records, In general, Release without consent, Family Education Rights and Privacy Act non-disclosure provisions, private suits under § 1983, see Gonzaga University v. Doe, U.S.Wash.2002, 122 S.Ct. 2268, 536 U.S. 273, 153 L.Ed.2d 309. Law enforcement records, In general, Freedom of information, law enforcement records exemption, death scene photographs, privacy interest of family, public interest, see National Archives and Records v. Favish, 2004, 124 S.Ct. 1570. NOTES OF DECISIONS In general 2 Attorney's fees 7 Confidential classification 4 Construction and application 3 Medicaid records 6.5 Photographs 6 Telephone records 5 Validity 1 1. Validity Confidential-records exception of public records law that exempted investigative records of the Tennessee Bureau of Investigation (TBI) from disclosure was not unconstitutional restraint upon right of persons to examine government proceedings. T.C.A. § 10-7-504(a)(2); Const. Art. 1, §§ 8, 19. Abernathy v. Whitley, 1992, 838 S.W.2d 211, appeal denied. Records 50 2. In general Supreme Court is precluded from inquiring into legislature's rationale for designating some records as confidential under Public Records Act while opening others for public inspection. T.C.A. §§ 10-7-503 to 10-7-505. Memphis Pub. Co. v. City of Memphis, 1994, 871 S.W.2d 681. Constitutional Law 2500 Transcripts of depositions taken by city and county in bankruptcy proceeding in attempt to protect substantial public investment in large construction project were not “attorney work product” exempted from public inspection under Public Record Act; discovery deposition did not carry with it requisite attribute of confidentiality needed to classify it as “attorney work product,” under Act. T.C.A. § 10-7-504(a)(5)(A)(iii). Memphis Pub. Co. v. City of Memphis, 1994, 871 S.W.2d 681. Records 57 Commissioner of Department of Correction was not required to prove that documents sought pursuant to Public Records Act were confidential, where record request sought statutorily confidential records generated by internal affairs division of Department, Department's response contained reasons why records were not furnished, and complaint did not allege that Department's classification of documents as confidential was incorrect. T.C.A. § 10-7-504(a)(8). Thompson v. Reynolds, 1993, 858 S.W.2d 328, appeal denied. Records 62 Public university student disciplinary records involving crimes of violence and nonforcible sex offenses are public records subject to disclosure under the Public Records Act, § 10-7-503 ; however, release of any information from such records must be limited in accordance with the provisions of Family Educational Rights and Privacy Act (FERPA), 20 U.S.C.A. § 1232g. Op.Atty.Gen. No. 99-106, May 10, 1999. 3. Construction and application Privately-held company that managed public sports arena performed a government function, as was required to be considered the functional equivalent of a government agency for purposes of the disclosure requirements of the Public Records Act, where the entirety of the company's operating expenses were provided by legislatively created sports authority that constructed arena, the sports authority was extensively involved in the management of the arena, and the management company participated in making binding governmental decisions regarding the management of the arena. Allen v. Day, 2006, 213 S.W.3d 244, appeal denied. Records 51 Privately-held company that managed public sports arena for sports authority was the functional equivalent of a government agency, and thus, it was subject to the requirements of the Public Records Act. Allen v. Day, 2006, 213 S.W.3d 244, appeal denied. Records 51 Inclusion of document in provision of Public Records Act excepting from public inspection confidential agency records implies that document would be “record,” subject to inspection, but for exception. T.C.A. § 10-7-504. Memphis Pub. Co. v. City of Memphis, 1994, 871 S.W.2d 681. Records 57 Statutes pertaining to confidentiality of medical records of venereal disease patients and patients in state hospitals and medical facilities protect such records from members of the public, but they do not protect them from courts and public officials, such as the district attorney general, in the performance of their official duties; courts, grand juries, and district attorneys are not embraced in the term “public” as used in the statutes, and records may be subpoenaed by the court at the request of any party to a litigation acting in good faith. T.C.A. §§ 10-7-504(a), 68-10-101. State v. Fears, 1983, 659 S.W.2d 370, certiorari denied 104 S.Ct. 1450, 465 U.S. 1082, 79 L.Ed.2d 768. Records 31; Records 33 Statute dealing with the treatment to be given confidential records refers to records declared confidential by the legislature. T.C.A. §§ 10-7-504, 10-7-504(c). Cleveland Newspapers, Inc. v. Bradley County Memorial Hospital Bd. of Directors, 1981, 621 S.W.2d 763. Records 31 Any materials presented during administrative proceedings relative to employee discipline based on alleged violations of the Drug-Free Workplace Program are required to be maintained as confidential and do not become public records. Op.Atty.Gen. No. 08-52, March 11, 2008. The amendment by 2003 Pub. Acts, c. 105, to T.C.A. § 10-7-504, does not make previously confidential student information open to public disclosure; instead, it permits an institution of postsecondary education to disclose confidential student record information, regardless of the date the records were created, in certain limited circumstances at its discretion. Op.Atty.Gen. No. 03-139, Oct. 27, 2003. State and local government entities are required to keep the social security numbers of all employees confidential; they cannot require employees as a condition of employment to give permission for their social security numbers to be disseminated. Op.Atty.Gen. No. 02-016, Feb. 6, 2002. 4. Confidential classification Legislature's decision to except work product of Attorney General from public inspection under Public Records Act while failing to except work product of municipal and county attorneys could not be regarded as mistake, where legislature was certainly aware that municipal and county attorneys regularly engaged in litigation when it passed Act. T.C.A. § 10-7-504(a)(5)(A)(iii). Memphis Pub. Co. v. City of Memphis, 1994, 871 S.W.2d 681. Records 57 Legislature had authority to close records to public access, even if records had once been opened, and thus documents generated by internal affairs division of Department of Correction prior to effective date of statute designating such documents as confidential were not available for public inspection when sought after effective date of statute. T.C.A. § 10-7-504(a)(8). Thompson v. Reynolds, 1993, 858 S.W.2d 328, appeal denied. Records 57 5. Telephone records Telephone records of a drug task force were public records pursuant to the Public Records Act, and thus, citizen was entitled to have access to the records, except for confidential information subject to redaction at county expense. Eldridge v. Putnam County, 2001, 86 S.W.3d 572, appeal denied. Records 54; Records 66 To extent the undercover officer was a state, county, or municipal employee and his/her telephone number was unlisted in telephone records of the drug task force requested by citizen, it was confidential under the undercover officer provision of Public Records Act. Eldridge v. Putnam County, 2001, 86 S.W.3d 572, appeal denied. Records 58 6. Photographs Release of photographs of six police officers involved in physical altercation with alleged gang member to news station under Public Records Act would not place officers and their families at substantial risk of serious bodily harm, and thus, would not violate officers' due process right of privacy; officers were patrol officers who wore police uniforms and name tags and had frequent interaction with public, two officers had been on television for reasons unrelated to incident, officers' names and involvement in incident were made public when investigative report was released, and two months after names were made public, no specific threats had been made resulting from involvement in incident. Henderson v. City of Chattanooga, 2003, 133 S.W.3d 192, rehearing denied, appeal denied. Constitutional Law 4166(2); Records 58 Undercover officer exemption did not protect photographs of six police officers involved in physical altercation with alleged gang member from disclosure under Public Records Act; police department claimed that vast majority of 450 member police force was designated as working undercover, officers were not in defined pool of officers immediately available for undercover assignments, and officers' personnel files were not in any way segregated from rest of police force. Henderson v. City of Chattanooga, 2003, 133 S.W.3d 192, rehearing denied, appeal denied. Records 58 6.5. Medicaid records Tennessee statutes that incorporate the confidentiality restrictions contained in federal regulations concerning personally identifiable health information maintained in the TennCare/Medicaid files of the Department of Human Services program override the provisions of the Health Insurance Portability and Accountability Act (HIPAA) otherwise allowing release of such information. Op.Atty.Gen. No. 07-165, Dec. 14, 2007. 7. Attorney's fees City acted in bad faith and was liable for attorney fees for refusing to disclose to newspaper police officers' field interview cards and financial records of baseball team using city stadium; refusal to disclose the cards was based on common law law enforcement privilege never adopted in state and implicitly rejected by Supreme Court, confidentiality clause in stadium lease contained exception for disclosure under Public Records Act, and exception for records containing opinions of value of real and personal property intended to be acquired for a public purpose did not apply. Schneider v. City of Jackson, 2007, 226 S.W.3d 332. Records 68 News station that requested release of photographs of six police officers involved in physical altercation with alleged gang member under Public Records Act was not entitled to award of attorney fees; although station was successful, award of fees was discretionary, and police department that refused to release pictures could not have know that records were public and so did not willfully refuse to disclose them. Henderson v. City of Chattanooga, 2003, 133 S.W.3d 192, rehearing denied, appeal denied. Records 68 T. C. A. § 10-7-504, TN ST § 10-7-504 Current through end of 2010 First Ex. Sess. and with laws from 2010 Reg. Sess., eff. through June 9, 2010 (c) 2010 Thomson Reuters. END OF DOCUMENT (c) 2010 Thomson Reuters. No