An Act to Implement the Recommendations of the Right to Know Advisory Committee Concerning Public Records Exceptions

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 1223 - L.D. 1828
An Act to Implement the Recommendations of the Right to Know Advisory
Committee Concerning Public Records Exceptions
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA §2006, as repealed and replaced by PL 2013, c. 54, §1, is amended
to read:
§2006. Access to information and proceedings
1. Application, refusals and collected information; proceedings. All applications
for a permit to carry concealed handguns and documents made a part of the application,
refusals and any information of record collected by the issuing authority during the process
of ascertaining whether an applicant is of good moral character and meets the additional
requirements of sections 2003 and 2005 are confidential and are not public records for the
purposes of Title 1, chapter 13, subchapter 1. The applicant may waive this confidentiality
by written notice to the issuing authority. All proceedings relating to the issuance, refusal,
suspension or revocation of a permit to carry concealed handguns are not public
proceedings under Title 1, chapter 13, unless otherwise requested by the applicant.
2. Permanent record of permit. The issuing authority shall make a permanent record
of each permit to carry concealed handguns in a suitable book or file kept for that purpose.
The record must include the information contained in the permit itself. The record is
confidential except that the following information about each permit holder is not
confidential and is a public record:
A. The municipality of residence;
B. The date the permit was issued; and
C. The date the permit expires.
This subsection does not limit disclosure of confidential information for criminal justice
purposes or permitting purposes to law enforcement officers and issuing authorities.
Sec. 2. 26 MRSA §1085, sub-§4, as enacted by PL 2019, c. 644, §4, is amended to
read:
APPROVED
MAY 23, 2025
BY GOVERNOR
CHAPTER
111
PUBLIC LAW
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4. Confidentiality. All information obtained by the bureau pursuant to this section is
confidential and not a public record as defined in Title 1, section 402, subsection 3. The
information may be used only for making decisions regarding the suitability of an affected
person for new or continued employment with the bureau, to provide services to the bureau
under an identified contract or to access federal tax information obtained from the bureau.
Sec. 3. 27 MRSA §86-B, as enacted by PL 2013, c. 205, §1, is amended to read:
§86-B. Confidentiality of certain research and personal information
1. Draft research and materials. Museum draft research, publications and exhibit
materials, including scientific, archaeological and historical findings, are confidential and
not public records for the purposes of Title 1, chapter 13, subchapter 1 until complete and
presented to the public. The Museum Director may authorize disclosure before publication
or presentation to the public.
2. Personal history research and materials. Personal information contained in any
record about the individual that is obtained by the Maine State Museum in the course of a
historical research project is confidential and not a public record for the purposes of Title
1, chapter 13, subchapter 1 until:
A. The individual authorizes the release of the personal information as a public record;
or
B. The death of the individual, except that the Museum Director may, at the request of
the individual, designate in writing that personal information about the individual
remain confidential for a specified period, not to exceed 25 years after the death of the
individual, to protect the privacy of the individual or the privacy of the parent or child
of the individual.
For the purposes of this section, "personal information" means any information about
an individual's personal history, including, but not limited to, medical, psychiatric,
employment, counseling and other information of a personal or private nature.
Sec. 4. 30-A MRSA §503, sub-§1, ¶A, as amended by PL 1989, c. 6 and c. 9, §2
and c. 104, Pt. C, §§8 and 10 and repealed and replaced by c. 402, §2, is further amended
by amending subparagraph (1) to read:
(1) Notwithstanding any confidentiality provision other than this paragraph,
applications, resumes and letters and notes of reference, other than those letters and
notes of reference expressly submitted in confidence, pertaining to the applicant
hired are public records after the applicant is hired, except that personal contact
information is not a public record as provided in Title 1, section 402, subsection 3,
paragraph O.
Sec. 5. 30-A MRSA §503, sub-§1, ¶A, as amended by PL 1989, c. 6 and c. 9, §2
and c. 104, Pt. C, §§8 and 10 and repealed and replaced by c. 402, §2, is further amended
by amending subparagraph (2) to read:
(2) Telephone numbers are not public records confidential if they are designated
as "unlisted" or "unpublished" in an application, resume or letter or note of
reference.
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Sec. 6. 30-A MRSA §2702, sub-§1, ¶A, as amended by PL 2019, c. 451, §3, is
further amended by amending subparagraph (1) to read:
(1) Notwithstanding any confidentiality provision other than this paragraph,
applications, resumes and letters and notes of reference, other than those letters and
notes of reference expressly submitted in confidence, pertaining to the applicant
hired are public records after the applicant is hired, except that personal contact
information is not a public record as provided in Title 1, section 402, subsection 3,
paragraph O.
Sec. 7. 30-A MRSA §2702, sub-§1, ¶A, as amended by PL 2019, c. 451, §3, is
further amended by amending subparagraph (2) to read:
(2) Telephone numbers are not public records confidential if they are designated
as "unlisted" or "unpublished" in an application, resume or letter or note of
reference.
Sec. 8. 32 MRSA §2105-A, sub-§3, ¶B, as amended by PL 1993, c. 600, Pt. A,
§116, is further amended to read:
B. In a consent agreement or other written settlement when the information constitutes
or pertains to the basis of board action, except that any information that identifies or
could reasonably lead to identification of a patient is confidential.
Sec. 9. 32 MRSA §3300-A, as enacted by PL 2001, c. 214, §2, is amended to read:
§3300-A. Confidentiality of personal information of applicant or licensee
An applicant or licensee shall provide the board with a current professional address and
telephone number, which will be their public contact address, and a personal residence
address and, telephone number and email address. An applicant's or licensee's personal
residence address and, telephone number is and email address are confidential information
and may not be disclosed except as permitted by this section or as required by law, unless.
However, if the personal residence address and telephone number have been provided as
the public contact address, the personal residence address and telephone number are not
confidential. Personal health information submitted as part of any application is
confidential information and may not be disclosed except as permitted by this section or as
required by law. The personal health information and personal residence address and,
telephone number and email address may be provided to other governmental licensing or
disciplinary authorities or to any health care providers located within or outside this State
that are concerned with granting, limiting or denying a physician's employment or
privileges.
Sec. 10. 32 MRSA §6207-B, as enacted by PL 2017, c. 265, §2, is repealed and the
following enacted in its place:
§6207-B. Confidential information
The address and telephone number of an applicant for licensure or a person licensed
under this chapter that are in the possession of the board are confidential. This section does
not prohibit the board and its staff from using and disclosing the address and telephone
number of an applicant or licensee as necessary to perform the duties and functions of the
board.
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Sec. 11. 32 MRSA §9418, first ¶, as amended by PL 2011, c. 662, §20, is further
amended to read:
Notwithstanding Title 1, chapter 13, subchapter 1, all applications for a license to be a
contract security company and any documents made a part of the application, refusals and
any information of record collected by the commissioner during the process of ascertaining
whether an applicant is of good moral character and meets the additional requirements of
sections 9405 and 9411‑A, and all information of record collected by the commissioner
during the process of ascertaining whether a natural person meets the requirements of
section 9410‑A, are confidential and may not be made available for public inspection or
copying. The applicant or natural person may waive this confidentiality by written notice
to the commissioner. All proceedings relating to the issuance of a license to be a contract
security company are not public proceedings under Title 1, chapter 13, unless otherwise
requested by the applicant.
Sec. 12. 32 MRSA §11305, sub-§3, as amended by PL 1989, c. 542, §79, is
repealed and the following enacted in its place:
3. Public information. The following information collected, assembled or maintained
by the administrator is confidential:
A. Information obtained in private investigations pursuant to section 11301;
B. Information made confidential by rule or order of the administrator; and
C. Information obtained from federal agencies, which may not be disclosed under
federal law.
Sec. 13. 32 MRSA §16524, as enacted by PL 2021, c. 576, §1, is amended to read:
§16524. Confidentiality of personal information
Personal information contained in an application for restitution assistance under this
subchapter is not subject to disclosure to the extent the information is designated as not a
public record by section 16607, subsection 2, paragraph E confidential.
Sec. 14. 32 MRSA §16607, sub-§2, as enacted by PL 2005, c. 65, Pt. A, §2, is
amended to read:
2. Nonpublic Confidential records. The following records are not public records and
are not available for public examination under subsection 1 confidential:
A. A record obtained by the administrator in connection with an audit or inspection
under section 16411, subsection 4 or an investigation under section 16602;
B. A part of a record filed in connection with a registration statement under section
16301 and sections 16303 to 16305 or a record under section 16411, subsection 4 that
contains trade secrets or confidential information if the person filing the registration
statement or report has asserted a claim of confidentiality or privilege that is authorized
by law;
C. A record that is not required to be provided to the administrator or filed under this
chapter and is provided to the administrator only on the condition that the record will
not be subject to public examination or disclosure is confidential;
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D. A record received from a person specified in section 16608, subsection 1 that has
been designated as confidential by the agency furnishing the record;
E. Any social security number, residential address unless used as a business address
and residential telephone number unless used as a business telephone number
contained in a record that is filed;
F. A record obtained by the administrator through a designee of the administrator that,
pursuant to a routine technical rule, as defined in Title 5, chapter 375, subchapter 2‑A,
or an order under this chapter, has been:
(1) Expunged from the administrator's records by the designee; or
(2) Determined to be nonpublic or nondisclosable by that designee if the
administrator finds the determination to be in the public interest and for the
protection of investors;
G. Records to the extent that they relate solely to the administrator's internal personnel
rules and practices, including, but not limited to, protocols, guidelines, manuals and
memoranda of procedure for employees of the Office of Securities;
H. Interagency or intra-agency memoranda or letters, including generally records that
reflect discussions between or consideration by the administrator and employees of the
Office of Securities of any action taken or proposed to be taken by the administrator or
employees of the Office of Securities, including, but not limited to, reports, summaries,
analyses, conclusions or other work product of the administrator or employees of the
Office of Securities, except those that by law would routinely be discoverable in
litigation; and
I. Records to the extent that disclosure could reasonably be expected to constitute an
unwarranted invasion of personal privacy.
Sec. 15. 32 MRSA §18509, sub-§6, as enacted by PL 2017, c. 253, §7, is amended
to read:
6. Confidentiality. Information provided to the interstate commission or distributed
by a member board is confidential within the meaning of Title 1, section 402, subsection
3, paragraph A and may be used only for investigatory or disciplinary matters under
sections 18510 and 18511.