Title 8, Public Proceedings And Records

§92F-14 Significant privacy interest; examples. (a) Disclosure of a government record shall not constitute a clearly unwarranted invasion of personal privacy if the public interest in disclosure outweighs the privacy interest of the individual. (b) The following are examples of i…

§92F-15 Judicial enforcement. (a) A person aggrieved by a denial of access to a government record may bring an action against the agency at any time within two years after the agency denial to compel disclosure. (b) In an action to compel disclosure, the circuit court shall hear …

[§92F-15.3] Notice to the office of information practices. When filing a civil action that is under, related to, or is affected by this chapter, a person shall notify the office of information practices in writing at the time of the filing. The office of information practices may…

§92F-15.5 Alternative method to appeal a denial of access. (a) When an agency denies a person access to a government record, the person may appeal the denial to the office of information practices in accordance with rules adopted pursuant to section 92F-42(12). A decision to appe…

[§92F-16] Immunity from liability. Anyone participating in good faith in the disclosure or nondisclosure of a government record shall be immune from any liability, civil or criminal, that might otherwise be incurred, imposed or result from such acts or omissions. [L 1988, c 262, …

[§92F-17] Criminal penalties. (a) An officer or employee of an agency who intentionally discloses or provides a copy of a government record, or any confidential information explicitly described by specific confidentiality statutes, to any person or agency with actual knowledge th…

§92F-18 Agency implementation. (a) Each agency shall: (1) Issue instructions and guidelines necessary to effectuate this chapter; and (2) Take steps to assure that all its employees and officers responsible for the collection, maintenance, use, and dissemination of government rec…

§92F-19 Limitations on disclosure of government records to other agencies. (a) No agency may disclose or authorize disclosure of government records to any other agency unless the disclosure is: (1) Necessary for the performance of the requesting agency's duties and functions and …

[§92F-2] Purposes; rules of construction. In a democracy, the people are vested with the ultimate decision-making power. Government agencies exist to aid the people in the formation and conduct of public policy. Opening up the government processes to public scrutiny and participa…

PART III. DISCLOSURE OF PERSONAL RECORDS [§92F-21] Individual's access to own personal record. Each agency that maintains any accessible personal record shall make that record available to the individual to whom it pertains, in a reasonably prompt manner and in a reasonably intel…

§92F-22 Exemptions and limitations on individual access. An agency is not required by this part to grant an individual access to personal records, or information in such records: (1) Maintained by an agency that performs as its or as a principal function any activity pertaining t…

§92F-23 Access to personal record; initial procedure. Upon the request of an individual to gain access to the individual's personal record, an agency shall permit the individual to review the record and have a copy made within ten working days following the date of receipt of the…

[§92F-24] Right to correct personal record; initial procedure. (a) An individual has a right to have any factual error in that person's personal record corrected and any misrepresentation or misleading entry in the record amended by the agency which is responsible for its mainten…

§92F-25 Correction and amendment; review procedures. (a) Not later than thirty business days after receipt of a request for review of an agency refusal to allow correction or amendment of a personal record, the agency shall make a final determination. (b) If the agency refuses up…

§92F-26 Rules. The office of information practices shall adopt rules, pursuant to chapter 91, establishing procedures necessary to implement or administer this part, which the agencies shall follow, in order to ensure uniformity among state and county agencies. [L 1988, c 262, pt…

§92F-27 Civil actions and remedies. (a) An individual may bring a civil action against an agency in a circuit court of the State whenever an agency fails to comply with any provision of this part, and after appropriate administrative remedies under sections 92F-23, 92F-24, and 92…

§92F-27.5 Alternative method to appeal a denial of access. (a) When an agency denies an individual access to that individual's personal record, the individual may appeal the denial to the office of information practices in accordance with rules adopted pursuant to section 92F-42(…

[§92F-28] Access to personal records by order in judicial or administrative proceedings; access as authorized or required by other law. Nothing in this part shall be construed to permit or require an agency to withhold or deny access to a personal record, or any information in a …

[§92F-3] General definitions. Unless the context otherwise requires, in this chapter: "Agency" means any unit of government in this State, any county, or any combination of counties; department; institution; board; commission; district; council; bureau; office; governing authorit…

[§92F-4] Funding, services, and other federal assistance. Where compliance with any provision of this chapter would cause an agency to lose or be denied funding, services, or other assistance from the federal government, compliance with that provision shall be waived but only to …

PART IV. OFFICE OF INFORMATION PRACTICES; DUTIES §92F-41 Office of information practices; established. (a) There is established an office of information practices within the department of accounting and general services for administrative purposes; provided that: (1) Any quasi-ju…

§92F-42 Powers and duties of the office of information practices. The director of the office of information practices: (1) Shall, upon request, review and rule on an agency denial of access to information or records, or an agency's granting of access; provided that any review by …

[§92F-43] Agency appeal of a decision by the office of information practices. (a) An agency may not appeal a decision by the office of information practices made under this chapter or part I of chapter 92, except as provided in this section. Within thirty days of the date of the …