SB 209

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.