Official Summary Text
Under present law, there are certain records and information of any state, county, municipal, or other public or former employee, or applicant to such position; of any law enforcement officer; or of a
ny federal law enforcement agent or officer conducting an operation in this state, in the possession of a governmental entity or any person in its capacity as an employer that must be treated as confidential and must not be open for inspection by members
o
f the public.
This bill provides that the following records or information of active or former sworn state and local law enforcement officers; correctional and correction probation officers; personnel of the department of children's services whose duti
es include the investigation of child abuse, neglect, exploitation, fraud, theft, or other criminal activities; personnel of the department of revenue or of local government agencies whose responsibilities include revenue collection; justices, judges, cha
n
cellors, commissioners, and staff of state and local courts; district attorneys general; and public defenders are also not public records:
Home addresses.
Telephone numbers.
Social security numbers.
Dates of birth.
Official photographs or photographs taken in the scope of employment.
This bill requires information made confidential by the above provisions to be redacted from public records whenever possible. However, this bill does not limit or deny access to otherwise public records because a fil
e, document, or data file contains confidential information.
REQUEST
This bill provides that in order to effectuate the above provisions, such individual must submit a written request to each state or local government agency with records of or access to
the information described above, requesting that such information be maintained confidentially. Upon receipt of a request, the respective state or local government entity must maintain the identified records confidentially and not make the records avail
a
ble for public inspection.
This bill authorizes the governing body of a local government to establish or designate an individual or agency as responsible for receiving requests under this bill and distributing notice to all agencies and departments of th
e local government for purposes of compliance with this bill.
EXCEPTIONS
This bill authorizes information maintained confidentially under this bill to be released in response to a court order, subpoena, or law enforcement agency conducting an active in
vestigation.
Current Bill Text
Read the full stored bill text
SENATE BILL 209
By Jackson
HOUSE BILL 1019
By Russell
HB1019
000911
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 10,
Chapter 7, relative to confidential records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 10-7-504, is amended by adding the
following new subsection:
(1) In addition to subsection (f), and upon request as provided in subdivision
( )(2), the following records or information of active or former sworn state and local law
enforcement officers; correctional and correction probation officers; personnel of the
department of children's services whose duties include the investigation of child abuse,
neglect, exploitation, fraud, theft, or other criminal activities; personnel of the department
of revenue or of local government agencies whose responsibilities include revenue
collection; justices, judges, chancellors, commissioners, and staff of state and local
courts; district attorneys general; and public defenders are not public records:
(A) Home addresses;
(B) Telephone numbers;
(C) Social security numbers;
(D) Dates of birth; and
(E) Official photographs or photographs taken in the scope of
employment.
(2) For purposes of effectuating subdivision ( )(1), such individual must submit a
written request to each state or local government agency with records of or access to the
information identified in subdivisions ( )(1)(A)-(E) requesting that such information be
- 2 - 000911
maintained confidentially. Upon receipt of a request under this subdivision ( )(2), the
respective state or local government entity shall maintain the identified records
confidentially and not make the records available for public inspection.
(3) The governing body of a local government may establish or designate an
individual or agency as responsible for receiving requests under subdivision ( )(2) and
distributing notice to all agencies and departments of the local government for purposes
of compliance with this subsection ( ).
(4) Notwithstanding this subsection ( ), information maintained confidentially
under this subsection ( ) may be released in response to a court order, subpoena, or law
enforcement agency conducting an active investigation.
(5) Information made confidential by this subsection ( ) must be redacted from
public records whenever possible and nothing in this subsection ( ) may be used to limit
or deny access to otherwise public records because a file, document, or data file
contains confidential information.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.