AN ACT to amend Tennessee Code Annotated, Title 10, Chapter 7, Part 5, relative to confidentiality of department of safety records.

Tennessee restricts records, requires yearly threat reports

The law takes effect upon becoming law and limits public access to Tennessee Office of Homeland Security records. It protects records about critical infrastructure security, terrorism, criminal threats, and security weaknesses at specific places. Infrastructure is defined by state and federal law, and the safety commissioner or a designee can designate related records confidential. Covered details include security plans, building layouts, camera locations, cybersecurity defenses, and identifying details in suspicious activity reports. Specific threats involving terrorism, targeted violence, sabotage, or foreign adversaries on the federal list are also confidential. Partner intelligence with release restrictions is protected when disclosure would reveal security capabilities, analysis techniques, operating methods, or specific threat indicators. Records about threats and vulnerabilities involving people receiving or being considered for protection are confidential. These include public officials, candidates, judges, prosecutors, and police officers. The rule does not bar disclosure of investigations into police misconduct, excessive force, or department policy violations. It does not require redactions from court records, including affidavits, warrants, and charging documents. State and local costs involving private partners remain public; partner identities stay confidential as required by law. Basic arrest and crime details may be released unless another law makes them confidential. These include offense, location, date, time, investigating officers, incident descriptions, arrest details, and involved parties' names. Video of alleged crimes remains open to inspection, with redactions allowed to protect location-specific security information. By January 31 each year, the office must report to the General Assembly on threats against public officials investigated the prior year. The report must also count threats that resulted in criminal charges or prosecutions.