10-7-501. Reproduction of state records on film.

The head of any department, commission, board, or agency of the state government may cause any or all records kept by such head or it to be photographed, microphotographed or reproduced on film; provided, that the microfilm project has been evaluated and approved by the division of records management of the department of state. Such photographic film shall comply with the minimum standards of quality approved for permanent photographic records by the national bureau of standards, and the device used to reproduce such records on film shall be one which accurately reproduces the original thereof in all details.

Acts 1947, ch. 26, § 1; C. Supp. 1950, § 255.93 (Williams, § 1034.80); Acts 1977, ch. 38, § 1; T.C.A. (orig. ed.), § 15-301; Acts 1981, ch. 364, § 3; 2013, ch. 207, § 7.

Law Reviews.

Updating Tennessee's Public Records Law (Douglas Pierce), 24 No. 5 Tenn. B.J. 24 (1988).

Attorney General Opinions. City governments fall under the purview of T.C.A. § 10-7-501 et seq. regarding access to public records, OAG 02-065, 2002 Tenn. AG LEXIS 69 (5/17/02).

Permissibility of closed sessions of board of public hospital; records of studies considered by board and public inspection. OAG 15-08, 2015 Tenn. AG LEXIS 7 (1/28/15).

10-7-502. Photographic copy deemed original record.

1. Any photograph, microphotograph or photographic film of any state, county, or municipal public record is deemed to be an original record for all purposes, including introduction into evidence in all courts or administrative agencies.
2. A transcript, exemplification, or certified copy thereof shall, for all purposes recited therein, be deemed to be a transcript, exemplification or certified copy of the original.

Acts 1947, ch. 26, § 3; C. Supp. 1950, § 255.93 (Williams, § 1034.82); T.C.A. (orig. ed.), § 15-303; Acts 1991, ch. 369, § 6.

10-7-503. Records open to public inspection — Schedule of reasonable charges — Costs — Destruction of public records.

1. 1. As used in this part and title 8, chapter 4, part 6:
      1. “Public record or records” or “state record or records”:
         1. Means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental entity; and
         2. Does not include the device or equipment, including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment, that may have been used to create or store a public record or state record;
      2. “Public records request coordinator” means any individual within a governmental entity whose role it is to ensure that public records requests are routed to the appropriate records custodian and that requests are fulfilled in accordance with § 10-7-503(a)(2)(B); and
      3. “Records custodian” means any office, official, or employee of any governmental entity lawfully responsible for the direct custody and care of a public record.
   2. 1. All state, county and municipal records shall, at all times during business hours, which for public hospitals shall be during the business hours of their administrative offices, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law.
      2. The custodian of a public record or the custodian's designee shall promptly make available for inspection any public record not specifically exempt from disclosure. In the event it is not practicable for the record to be promptly available for inspection, the custodian shall, within seven (7) business days:
         1. Make the information available to the requestor;
         2. Deny the request in writing or by completing a records request response form developed by the office of open records counsel. The response shall include the basis for the denial; or
         3. Furnish the requester in writing, or by completing a records request response form developed by the office of open records counsel, the time reasonably necessary to produce the record or information.
   3. Failure to respond to the request as described in subdivision (a)(2) shall constitute a denial and the person making the request shall have the right to bring an action as provided in § 10-7-505.
   4. This section shall not be construed as requiring a governmental entity to sort through files to compile information or to create or recreate a record that does not exist. Any request for inspection or copying of a public record shall be sufficiently detailed to enable the governmental entity to identify the specific records for inspection and copying.
   5. Information made confidential by state law shall be redacted whenever possible, and the redacted record shall be made available for inspection and copying. The redaction of confidential information shall not constitute the creation of a new record. Costs associated with redacting records, including the cost of copies and staff time to provide redacted copies, shall be borne as provided by law.
   6. A governmental entity is prohibited from avoiding its disclosure obligations by contractually delegating its responsibility to a private entity.
   7. 1. 1. A governmental entity shall not require a written request or assess a charge to view a public record unless otherwise required by law. Requests to view public records may be submitted in person or by telephone, fax, mail, or email if the governmental entity uses such means of communication to transact official business, or via internet portal if the governmental entity maintains an internet portal that is used for accepting public records requests.
         2. A governmental entity may require a request for copies of public records to be:
            1. In writing;
            2. On a form that complies with subsection (c); or
            3. On a form developed by the office of open records counsel.  (iii)  If a governmental entity does not require a request for copies to be in writing or on a form in accordance with subdivision (a)(7)(A)(ii), then a request for copies of public records may be submitted as provided in subdivision (a)(7)(A)(i).  (iv)  If a governmental entity requires a request to be in writing under subdivision (a)(7)(A)(ii)(a ), the records custodian of the governmental entity shall accept any of the following:
      2. 1. A records custodian may require a requestor to pay the custodian's reasonable costs incurred in producing the requested material and to assess the reasonable costs in the manner established by the office of open records counsel pursuant to § 8-4-604.
         2. The records custodian shall provide a requestor an estimate of the reasonable costs to provide copies of the requested material.
2. [Deleted by 2020 amendment.]
3. 1. Except as provided in § 10-7-504(g), all law enforcement personnel records shall be open for inspection as provided in subsection (a); however, whenever the personnel records of a law enforcement officer are inspected as provided in subsection (a), the custodian shall make a record of such inspection and provide notice, within three (3) days from the date of the inspection, to the officer whose personnel records have been inspected:
      1. That such inspection has taken place;
      2. The name, address and telephone number of the person making such inspection;
      3. For whom the inspection was made; and
      4. The date of such inspection.
   2. Any person making an inspection of such records shall provide such person's name, address, business telephone number, home telephone number, driver license number or other appropriate identification prior to inspecting such records.
4. 1. All records of any association or nonprofit corporation described in § 8-44-102(b)(1)(E)(i) shall be open for inspection as provided in subsection (a); provided, that any such organization shall not be subject to the requirements of this subsection (d) so long as it complies with the following requirements:
      1. The board of directors of the organization shall cause an annual audit to be made of the financial affairs of the organization, including all receipts from every source and every expenditure or disbursement of the money of the organization, made by a disinterested person skilled in such work. Each audit shall cover the period extending back to the date of the last preceding audit and it shall be paid out of the funds of the organization;
      2. Each audit shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9) for local governments;
      3. The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards, and determining whether the audits meet minimum audit standards which shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until such audit has been approved by the comptroller of the treasury;
      4. The audits may be prepared by a certified public accountant, a public accountant or by the department of audit. If the governing body of the municipality fails or refuses to have the audit prepared, the comptroller of the treasury may appoint a certified public accountant or public accountant or direct the department to prepare the audit. The cost of such audit shall be paid by the organization;
      5. Each such audit shall be completed as soon as practicable after the end of the fiscal year of the organization. One (1) copy of each audit shall be furnished to the organization and one (1) copy shall be filed with the comptroller of the treasury. The copy of the comptroller of the treasury shall be available for public inspection. Copies of each audit shall also be made available to the press; and
      6. In addition to any other information required by the comptroller of the treasury, each audit shall also contain:
         1. A listing, by name of the recipient, of all compensation, fees or other remuneration paid by the organization during the audit year to, or accrued on behalf of, the organization's directors and officers;
         2. A listing, by name of recipient, of all compensation and any other remuneration paid by the organization during the audit year to, or accrued on behalf of, any employee of the organization who receives more than twenty-five thousand dollars ($25,000) in remuneration for such year;
         3. A listing, by name of beneficiary, of any deferred compensation, salary continuation, retirement or other fringe benefit plan or program (excluding qualified health and life insurance plans available to all employees of the organization on a nondiscriminatory basis) established or maintained by the organization for the benefit of any of the organization's directors, officers or employees, and the amount of any funds paid or accrued to such plan or program during the audit year; and
         4. A listing, by name of recipient, of all fees paid by the organization during the audit year to any contractor, professional advisor or other personal services provider, which exceeds two thousand five hundred dollars ($2,500) for such year. Such listing shall also include a statement as to the general effect of each contract, but not the amount paid or payable thereunder.
   2. This subsection (d) shall not apply to any association or nonprofit corporation described in § 8-44-102(b)(1)(E)(i), that employs no more than two (2) full-time staff members.
   3. This subsection (d) shall not apply to any association, organization or corporation that was exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501(c)(3)), as of January 1, 1998, and which makes available to the public its federal return of organization exempt from income tax (Form 990) in accordance with the Internal Revenue Code and related regulations.
5. [Deleted by 2020 amendment.]
6. All records, employment applications, credentials and similar documents obtained by any person in conjunction with an employment search for a director of schools or any chief public administrative officer shall at all times, during business hours, be open for personal inspection by any citizen of Tennessee, and those in charge of such records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. For the purposes of this subsection (f), the term “person” includes a natural person, corporation, firm, company, association or any other business entity.
7. 1. No later than July 1, 2018, every county and municipal governmental entity subject to this section shall establish a written public records policy properly adopted by the appropriate governing authority. The public records policy shall not impose requirements on those requesting records that are more burdensome than state law and shall include:
      1. The process for making requests to inspect public records or receive copies of public records and a copy of any required request form;
      2. The process for responding to requests, including redaction practices;
      3. A statement of any fees charged for copies of public records and the procedures for billing and payment; and
      4. The name or title and the contact information of the individual or individuals within such governmental entity designated as the public records request coordinator.
   2. No later than January 1, 2019, state governmental entities shall promulgate rules regarding public records, which must meet the requirements under subdivisions (g)(1)(A)-(D). Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act. Any written public records policy of a state governmental entity adopted prior to April 12, 2018, if any, remains in full force and effect until the state governmental entity adopts rules in accordance with this subdivision (g)(2).
8. 1. Notwithstanding any law to the contrary, a governmental entity shall not authorize the destruction of public records subject to disclosure under this part if the governmental entity knows the records are subject to a pending public record request submitted to the governmental entity.
   2. Prior to authorizing the destruction of public records, a governmental entity shall contact the public record request coordinator to ensure the records subject to destruction are not subject to any pending public record requests submitted to the governmental entity.
   3. A governmental entity that authorizes the destruction of public records in violation of this part may be fined up to five hundred dollars ($500) by a court of competent jurisdiction.
   4. A governmental entity is not liable under this subsection (h) for authorizing the destruction of public records if the governmental entity contacted the respective records custodian in accordance with subdivision (h)(2) and received notice from the records custodian that the records were not subject to a pending public record request.
   5. This subsection (h) does not absolve a public official from criminal liability for intentionally or knowingly altering or destroying a public record in violation of § 39-16-504.
   6. This subsection (h) does not prohibit a records custodian from disposing of public records in accordance with an established records retention schedule or records retention policy as part of the ordinary course of business when the records custodian is without knowledge that the records are subject to a pending public record request.
   7. Written or electronic correspondence regarding a public record request, including, without limitation, forms, emails, letters, facsimiles, and other attachments must be retained by the respective records custodian for not less than twelve (12) months. This subdivision (h)(7) does not apply to the public records subject to the request.

A request submitted in person or by mail;

An email request if the governmental entity uses email to transact official business; and

A request submitted on an electronic form via internet portal if the governmental entity maintains an internet portal that is used for accepting public records requests.  (v)  If a governmental entity requires that a request for copies of public records be made on a form as provided in subdivision (a)(7)(A)(ii), then the governmental entity shall provide such form in the most expeditious means possible when the form is requested.  (vi)  A governmental entity may require any person making a request to view or make a copy of a public record to present a government-issued photo identification, if the person possesses photo identification, that includes the person's address. If a person does not possess photo identification, the governmental entity may require other forms of identification acceptable to the governmental entity.  (vii)  Notwithstanding any other law to the contrary:

If a person makes two (2) or more requests to view a public record within a six-month period and, for each request, the person fails to view the public record within fifteen (15) business days of receiving notification that the record is available to view, the governmental entity is not required to comply with any public records request from the person for a period of six (6) months from the date of the second request to view the public record unless the governmental entity determines failure to view the public record was for good cause; and

If a person makes a request for copies of a public record and, after copies have been produced, the person fails to pay to the governmental entity the cost for producing such copies, the governmental entity is not required to comply with any public records request from the person until the person pays for such copies; provided, that the person was provided with an estimated cost for producing the copies in accordance with subdivision (a)(7)(B)(ii) prior to producing the copies and the person agreed to pay the estimated cost for such copies.

Acts 1957, ch. 285, § 1; T.C.A., § 15-304; Acts 1981, ch. 376, § 1; 1984, ch. 929, §§ 1, 3; 1991, ch. 369, § 7; 1993, ch. 475, § 1; 1998, ch. 1102, §§ 2, 4; 1999, ch. 514, § 1; 2000, ch. 714, § 1; 2005, ch. 263, § 1; 2007, ch. 425, § 1; 2008, ch. 1179, § 1; 2011, ch. 353, § 1; 2016, ch. 722, §§ 1-4; 2017, ch. 233, § 1; 2018, ch. 712, § 1; 2020, ch. 676, §§ 1-3; 2020, ch. 738, § 1.

Code Commission Notes.

Former § 10-7-503(a)(2)(C)(iii) provided that, following the development of the schedule of reasonable charges by the office of open records counsel, the office of open records counsel shall notify the code commission. When the code commission receives the notice, subdivision (a)(2)(C) shall no longer apply and the language in subdivision (a)(2)(C) shall be repealed and deleted by the code commission. The code commission has been advised by the comptroller's office that the office of open records counsel has developed a schedule of reasonable charges. See this link for more information: https://comptroller.tn.gov/content/dam/cot/orc/documents/oorc/policies-and-guidelines/ScheduleofReasonableCharges.pdf.

Amendments. The 2020 amendment by ch. 676, in (a)(2)(B)(iii), substituted “requester in writing, or by completing a” for “requester a completed” and deleted “stating” following “records counsel”; deleted former (b), which read, “The head of a governmental entity may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to maintain the confidentiality of records concerning adoption proceedings or records required to be kept confidential by federal statute or regulation as a condition for the receipt of federal funds or for participation in a federally funded program.”; deleted former (e), which read, “All contingency plans of law enforcement agencies prepared to respond to any violent incident, bomb threat, ongoing act of violence at a school or business, ongoing act of violence at a place of public gathering, threat involving a weapon of mass destruction, or terrorist incident shall not be open for inspection as provided in subsection (a)”.

The 2020 amendment by ch. 738 added (h).

Effective Dates. Acts 2020, ch. 676, § 6, June 15, 2020.

Acts 2020, ch. 738, § 2. June 22, 2020.

Cross-References. Confidentiality of information in legislative computer system, § 3-10-108.

Confidentiality of library records, title 10, ch. 8.

Mental health records, § 33-3-103.

Public inspections and copying of agency rules, final orders and decisions, § 4-5-218.

Rule Reference. This section is referred to in Rule 34 of the Rules of the Supreme Court of Tennessee.

Textbooks. Tennessee Jurisprudence, 14 Tenn. Juris., Hospitals, § 2; 21 Tenn. Juris., Privacy, Right of, § 3.

Law Reviews.

Symposium – Memphis in the Law: The Story of the Disappearing Season: Should Strict Liability Be Used in the NCAA Infractions Process? (Sheri Lipman), 41 U. Mem. L. Rev. 847 (2011).

The Tennessee Public Records Act and Statutory Exceptions “Otherwise Provided by State Law” (Craig E. Willis), 43 Tenn B.J. 20 (2007).

Updating Tennessee's Public Records Law (Douglas Pierce), 24 No. 5 Tenn. B.J. 24 (1988).

Your Right to Look Like an Ugly Criminal: Resolving the Circuit Split over Mug Shots and the Freedom of Information Act, 66 Vand. L. Rev. 1573 (2013).

Embracing Our Public Purpose: A Value-Based Lawyer-Licensing Model, 48 U. Mem. L. Rev. 351 (2017).

Fourth Amendment Searches in First Amendment Spaces: Balancing Free Association with Law and Order in the Age of the Surveillance State, 50 U. Mem. L. Rev. 231 (Fall 2019).

Attorney General Opinions. Status of “911 tapes” under Public Records Act, OAG 93-65, 1993 Tenn. AG LEXIS 67 (11/29/93).

Student evaluations of professors as public records, OAG 93-67, 1993 Tenn. AG LEXIS 70 (11/30/93).

Pre-1951 adoption records and birth certificates, OAG 94-015, 1994 Tenn. AG LEXIS 11 (2/4/94).

Identification and notice requirement for access to public information under § 2-10-111, OAG 98-040, 1998 Tenn. AG LEXIS 40 (2/9/98).

Public access to information on transit authority board members, OAG 99-011, 1999 Tenn. AG LEXIS 3 (1/25/99).

Confidentiality of 911 tapes used in pending criminal investigation, OAG 99-022, 1999 Tenn. AG LEXIS 29 (2/9/99).

Health care provider's license and license application are public records, OAG 99-061, 1999 Tenn. AG LEXIS 38 (3/10/99).

Denial of non-resident's request for copies of public traffic citations, OAG 99-067, 1999 Tenn. AG LEXIS 67 (3/18/99).

Crime victim's notice and opportunity to object to release of personal information, OAG 99-069, 1999 Tenn. AG LEXIS 69 (3/22/99).

Confidentiality of university student disciplinary records, OAG 99-106, 1999 Tenn. AG LEXIS 106 (5/10/99).

Confidentiality of public employee's drug-free workplace program records in personnel records, OAG 99-126, 1999 Tenn. AG LEXIS 127 (6/29/99).

Access to tape recordings of court proceedings, OAG 99-139, 1999 Tenn. AG LEXIS 169 (7/27/99).

Tape recordings of court proceedings, OAG 99-140, 1999 Tenn. AG LEXIS 168 (7/27/99).

The records of expenses and names of cases defended by the Tennessee municipal league risk management pool are not “public records” as the pool has excepted itself under T.C.A. § 10-7-503(d)(1), OAG 01-014, 2001 Tenn. AG LEXIS 14 (1/30/01).

T.C.A. § 10-7-503 does not authorize a local government body to charge a fee for allowing inspection of a public record or for researching and/or locating non-current public records for review by a citizen; further, conditioning the right to inspect a public record upon the payment of a fee would be tantamount to denying the statutory right of inspection, OAG 01-021, 2001 Tenn. AG LEXIS 21 (2/8/01).

T.C.A. § 10-7-503 does not permit a local government to require a state resident to first schedule an appointment with a local government before being allowed to inspect a public record, OAG 01-021, 2001 Tenn. AG LEXIS 21 (2/8/01).

If a local government chooses to store a record in a format accessible only via a computer, videotape player, or audiotape player, the local government must provide a means of accessing such record on-site at the designated local government office, OAG 01-021, 2001 Tenn. AG LEXIS 21 (2/8/01).

Assuming that T.C.A. § 10-7-503(d)(1) is applicable to the Tennessee school boards association, it is not clear whether applications, credentials, letters of recommendation, resumes, and similar material submitted directly to and held by the association on behalf of a local board of education as part of a process of assisting a board of education in hiring a director of schools would be open for public inspection where these documents would otherwise be sent directly to the board of education, OAG 01-069, 2001 Tenn. AG LEXIS 60 (5/2/01).

The Tennessee Public Records Act requires public disclosure of the names, addresses, and ages of area non-public school students that are in the hands of a public school system pursuant to T.C.A. § 49-6-3007, and the federal Family Educational Rights and Privacy Act would not deny federal funds to schools using this data to advertise their magnet schools to students in area private, parochial, and denominational schools, OAG 01-101, 2001 Tenn. AG LEXIS 92 (6/22/01).

Persons who are not citizens of Tennessee may be denied access to public records, and such denial does not violate the privileges and immunities clause of U.S. Const. Amend. XIV, OAG 01-132, 2001 Tenn. AG LEXIS 139 (8/22/01).

Neither the Public Records Act, T.C.A. §§ 10-7-503 and 10-7-504, nor T.C.A. § 4-4-125 governs the other; instead the latter statute creates an exception to the former statutes, OAG 02-016, 2002 Tenn. AG LEXIS 17 (2/6/02).

County register's office which makes all its public records available on the internet may remove records regarding military discharges from the internet while continuing to make other types of public documents available, OAG 02-133, 2002 Tenn. AG LEXIS 141 (12/18/02).

If Tennessee school boards association is a private non-profit association as described in T.C.A. § 8-44-102(b)(1)(E)(i) with more than two full-time staff members, but has failed to fully comply with the audit requirements of T.C.A. § 10-7-503(d)(1), then its records would be public records open for inspection under T.C.A § 10-7-503(a), OAG 03-042, 2003 Tenn. AG LEXIS 47 (4/14/03).

Public inspection of e-mails sent to a state legislator, OAG 05-099, 2005 Tenn. AG LEXIS 103 (6/20/05).

Access to recordings of 911 calls and law enforcement radio transmissions, OAG 05-155, 2005 Tenn. AG LEXIS 157 (10/13/05).

Utility districts are subject to the Public Records Act, OAG 06-028, 2006 Tenn. AG LEXIS 28 (2/8/06).

Working papers of a municipality's audit committee and internal auditor are public records and subject to inspection under the Public Records Act, OAG 06-060, 2006 Tenn. AG LEXIS 61 (4/5/06).

Duties and responsibilities of a records custodian under the Public Records Act, OAG 06-069, 2006 Tenn. AG LEXIS 78 (4/12/06).

Confidentiality of records from reserve audit of governmental pool, OAG 06-104, 2006 Tenn. AG LEXIS 113 (6/23/06).

The release of pole attachment rates received by the Tennessee advisory commission on intergovernmental relations would not violate any state or federal law, OAG 06-129, 2006 Tenn. AG LEXIS 146 (8/15/06).

Inspection of investigative reports and other evidence sent to the district attorney general in anticipation of potential criminal litigation, OAG 07-039, 2007 Tenn. AG LEXIS 39 (4/2/07).

Health Insurance Portability and Accountability Act/TennCare/Medicaid interplay, OAG 07-165, 2007 Tenn. AG LEXIS 165 (12/14/07).

Confidentiality of hotel/motel and gross receipts tax information.  OAG 12-20, 2012 Tenn. AG LEXIS 20 (2/22/12).

Inspection under Public Records Act of applications for position of clerk and master.  OAG 14-59, 2014 Tenn. AG Lexis 61 (5/30/14)

Release of Health Insurance Information for Members of the Tennessee General Assembly. OAG 15-48, 2015 Tenn. AG LEXIS 51 (6/5/15).

Availability of student directory information.  OAG 15-55, 2015 Tenn. AG LEXIS 55 (7/2/15).

Any records obtained by a third party in conjunction with an employment search for a director of schools for a school board are public records and subject to inspection under T.C.A. § 10-7-503(f). Additionally, if the third party is one whose “origin and authority may be traced to state, city, or county legislative action,” then its meetings are subject to the Open Meetings Act. OAG 16-16, 2016 Tenn. AG LEXIS 16 (5/4/2016).

The identity of donors and the amounts of donations made to the Tennessee State Museum Foundation are not required to be disclosed under the Tennessee Public Records Act. OAG 16-33, 2016 Tenn. AG LEXIS 33 (8/26/2016).

To the extent a social media account created and maintained by a municipality is made “pursuant to law or ordinance or in connection with the transaction of official business,” that account and any comments posted on the account constitute public records subject to inspection under the Tennessee Public Records Act. The Act does not address whether comments posted on a municipal social media account are subject to removal or censorship.   It only provides a statutory right of inspection of public records to Tennessee citizens.  Furthermore, to the extent a municipality has any “public records” with respect to the appointment and identity of an administrator of a municipal social media account, those records are subject to inspection under the Tennessee Public Records Act. OAG 16-47, 2016 Tenn. AG LEXIS 46 (12/22/2016).

A records custodian of municipal public records is required to respond to a public records request.  If a records custodian denies a request for public records or otherwise fails to timely respond to the request in accordance with the statutory procedures, the Tennessee citizen making the request may bring an action pursuant to T.C.A. § 10-7-505 in chancery or circuit court for the county in which the records are situated for judicial review of the denial of access to the requested records. A member of the public may also consult with the Office of Open Records Counsel, who has the authority to answer questions, to issue informal advisory opinions, and to informally mediate and assist with the resolution of issues concerning the open records laws. OAG 16-47, 2016 Tenn. AG LEXIS 46 (12/22/2016).

State law does not prohibit elected state officials from using state property, including the Executive Residence, for campaign-related activities. Tennessee’s Campaign Financial Disclosure Act would require the disclosure of expenditures incurred for such campaign-related activities on state property if they constitute either a “contribution” or an “expenditure” as defined under the Act. To the extent that the Governor’s non-personal schedule, including events at the Executive Residence, meets the definition of “public record” as set forth in T.C.A. § 10-7-503(a)(1)(A), then it is subject to disclosure under Tennessee’s Public Records Act, unless a state law provides otherwise. OAG 16-48, 2016 Tenn. AG LEXIS 47 (12/22/2016).

If the state or local government official is the records custodian of the requested public records, then Tennessee’s Public Records Act generally requires that, if practicable, the records custodian make the public records available for inspection during normal business hours, unless a state law provides otherwise with respect to the openness of the requested records. Tennessee’s Public Records Act does not require a records custodian to provide certified copies of public records in response to an oral or written request. OAG 18-23, 2018 Tenn. AG LEXIS 22 (5/30/2018).

10-7-504. Confidential records — Exceptions.

1. 1. 1. The medical records of patients in state, county, and municipal hospitals and medical facilities, and the medical records of persons receiving medical treatment, in whole or in part, at the expense of the state, county, or municipality, shall be treated as confidential and shall not be open for inspection by members of the public. Any records containing the source of body parts for transplantation or any information concerning persons donating body parts for transplantation shall be treated as confidential and shall not be open for inspection by members of the public. Individually identifiable health information collected, created, or prepared by the department of health shall be treated as confidential and shall not be open for inspection by members of the public; provided, however, that the department may disclose such information as authorized or required by law.
      2. As used in this subdivision (a)(1), “individually identifiable health information” means information related to the physical or mental health of an individual and that explicitly or by implication identifies the individual who is the subject of the information, including by name, address, birth date, death date, admission or discharge date, telephone number, facsimile number, electronic mail address, social security number, medical record number, health plan beneficiary number, account number, certificate or license number, biometric identifier, or any other identifying number, characteristic, or code.
   2. 1. All investigative records of the Tennessee bureau of investigation, the office of inspector general, all criminal investigative files of the department of agriculture and the department of environment and conservation, all criminal investigative files of the motor vehicle enforcement division of the department of safety relating to stolen vehicles or parts, all criminal investigative files and records of the Tennessee alcoholic beverage commission, and all files of the handgun carry permit and driver license issuance divisions of the department of safety relating to bogus handgun carry permits and bogus driver licenses issued to undercover law enforcement agents shall be treated as confidential and shall not be open to inspection by members of the public. The information contained in such records shall be disclosed to the public only in compliance with a subpoena or an order of a court of record; provided, however, that such investigative records of the Tennessee bureau of investigation shall be open to inspection by elected members of the general assembly if such inspection is directed by a duly adopted resolution of either house or of a standing or joint committee of either house, or if such inspection is directed by a majority vote of the entire membership of an ad hoc committee appointed specifically to study unsolved civil rights crimes that occurred between 1938 and 1975 and that is composed only of elected members of the general assembly. Any record inspected pursuant to this exception shall maintain its confidentiality throughout the inspection. Records shall not be available to any member of the executive branch except to the governor and to those directly involved in the investigation in the specified agencies.
      2. The records of the departments of agriculture and environment and conservation and the Tennessee alcoholic beverage commission referenced in subdivision (a)(2)(A) shall cease to be confidential when the investigation is closed by the department or commission or when the court in which a criminal prosecution is brought has entered an order concluding all proceedings and the opportunity for direct appeal has been exhausted; provided, however, that any identifying information about a confidential informant or undercover law enforcement agent shall remain confidential.
      3. The Tennessee bureau of investigation, upon written request by an authorized person of a state governmental agency, is authorized to furnish and disclose to the requesting agency the criminal history, records and data from its files, and the files of the federal government and other states to which it may have access, for the limited purpose of determining whether a license or permit should be issued to any person, corporation, partnership or other entity, to engage in an authorized activity affecting the rights, property or interests of the public or segments thereof.
   3. The records, documents and papers in the possession of the military department which involve the security of the United States and/or the state of Tennessee, including, but not restricted to, national guard personnel records, staff studies and investigations, shall be treated as confidential and shall not be open for inspection by members of the public.
   4. 1. The records of students in public educational institutions shall be treated as confidential. Information in such records relating to academic performance, financial status of a student or the student's parent or guardian, medical or psychological treatment or testing shall not be made available to unauthorized personnel of the institution or to the public or any agency, except those agencies authorized by the educational institution to conduct specific research or otherwise authorized by the governing board of the institution, without the consent of the student involved or the parent or guardian of a minor student attending any institution of elementary or secondary education, except as otherwise provided by law or regulation pursuant thereto, and except in consequence of due legal process or in cases when the safety of persons or property is involved. The governing board of the institution, the department of education, and the Tennessee higher education commission shall have access on a confidential basis to such records as are required to fulfill their lawful functions. Statistical information not identified with a particular student may be released to any person, agency, or the public; and information relating only to an individual student's name, age, address, dates of attendance, grade levels completed, class placement and academic degrees awarded may likewise be disclosed.
      2. Notwithstanding subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), an institution of post-secondary education shall disclose to an alleged victim of any crime of violence, as that term is defined in 18 U.S.C. § 16, or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.
      3. Notwithstanding subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by FERPA, an institution of post-secondary education shall disclose the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence, as that term is defined in 18 U.S.C. § 16, or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institution's rules or policies with respect to such crime or offense.
      4. For the purpose of this section, the final results of any disciplinary proceeding:
         1. Shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student;
         2. May include the name of any other student, such as a victim or witness, only with the written consent of that other student; and
         3. Shall only apply to disciplinary hearings in which the final results were reached on or after October 7, 1998.
      5. Notwithstanding subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by FERPA, an educational institution shall disclose information provided to the institution under former § 40-39-106 [repealed], concerning registered sex offenders who are required to register under former § 40-39-103 [repealed].
      6. Notwithstanding subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by FERPA, an institution of higher education shall disclose to a parent or legal guardian of a student information regarding any violation of any federal, state, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol, a controlled substance or a controlled substance analogue, regardless of whether that information is contained in the student's education records, if:
         1. The student is under twenty-one (21) years of age;
         2. The institution determines that the student has committed a disciplinary violation with respect to such use or possession; and
         3. The final determination that the student committed such a disciplinary violation was reached on or after October 7, 1998.
      7. Notwithstanding subdivision (a)(4)(A), § 37-5-107 or § 37-1-612, the institution shall release records to the parent or guardian of a victim or alleged victim of child abuse or child sexual abuse pursuant to § 37-1-403(i)(3) or § 37-1-605(d)(2). Any person or entity that is provided access to records under this subdivision (a)(4)(G) shall be required to maintain the records in accordance with state and federal laws and regulations regarding confidentiality.
   5. 1. The following books, records and other materials in the possession of the office of the attorney general and reporter which relate to any pending or contemplated legal or administrative proceeding in which the office of the attorney general and reporter may be involved shall not be open for public inspection:
         1. Books, records or other materials which are confidential or privileged by state law;
         2. Books, records or other materials relating to investigations conducted by federal law enforcement or federal regulatory agencies, which are confidential or privileged under federal law;
         3. The work product of the attorney general and reporter or any attorney working under the attorney general and reporter's supervision and control;
         4. Communications made to or by the attorney general and reporter or any attorney working under the attorney general and reporter's supervision and control in the context of the attorney-client relationship; or
         5. Books, records and other materials in the possession of other departments and agencies which are available for public inspection and copying pursuant to §§ 10-7-503 and 10-7-506. It is the intent of this section to leave subject to public inspection and copying pursuant to §§ 10-7-503 and 10-7-506 such books, records and other materials in the possession of other departments even though copies of the same books, records and other materials which are also in the possession of the office of the attorney general and reporter are not subject to inspection or copying in the office of the attorney general and reporter; provided, that such records, books and materials are available for copying and inspection in such other departments.
      2. Books, records and other materials made confidential by this subsection (a) which are in the possession of the office of the attorney general and reporter shall be open to inspection by the elected members of the general assembly, if such inspection is directed by a duly adopted resolution of either house or of a standing or joint committee of either house and is required for the conduct of legislative business.
      3. Except for subdivision (a)(5)(B), the books, records and materials made confidential or privileged by this subdivision (a)(5) shall be disclosed to the public only in the discharge of the duties of the office of the attorney general and reporter.
   6. State agency records containing opinions of value of real and personal property intended to be acquired for a public purpose shall not be open for public inspection until the acquisition thereof has been finalized. This shall not prohibit any party to a condemnation action from making discovery relative to values pursuant to the Rules of Civil Procedure as prescribed by law.
   7. Proposals received pursuant to personal service, professional service, and consultant service contract regulations, and related records, including evaluations and memoranda, shall be available for public inspection only after the completion of evaluation of same by the state. Sealed bids for the purchase of goods and services, and leases of real property, and individual purchase records, including evaluations and memoranda relating to same, shall be available for public inspection only after the completion of evaluation of same by the state.
   8. All investigative records and reports of the internal affairs division of the department of correction or of the department of children's services shall be treated as confidential and shall not be open to inspection by members of the public. However, an employee of the department of correction or of the department of children's services shall be allowed to inspect such investigative records and reports if the records or reports form the basis of an adverse action against the employee. An employee of the department of correction shall also be allowed to inspect such investigative records of the internal affairs division of the department of correction, or relevant portion thereof, prior to a due process hearing at which disciplinary action is considered or issued unless the commissioner of correction specifically denies in writing the employee's request to examine such records prior to the hearing. The release of reports and records shall be in accordance with the Tennessee Rules of Civil Procedure. The court or administrative judge having jurisdiction over the proceedings shall issue appropriate protective orders, when necessary, to ensure that the information is disclosed only to appropriate persons. The information contained in such records and reports shall be disclosed to the public only in compliance with a subpoena or an order of a court of record.
   9. 1. Official health certificates, collected and maintained by the state veterinarian pursuant to rule chapter 0080-2-1 of the department of agriculture, shall be treated as confidential and shall not be open for inspection by members of the public.
      2. Any data or records provided to or collected by the department of agriculture pursuant to the implementation and operation of premise identification or animal tracking programs shall be considered confidential and shall not be open for inspection by members of the public. Likewise, all contingency plans prepared concerning the department's response to agriculture-related homeland security events shall be considered confidential and shall not be open for inspection by members of the public. The department may disclose data or contingency plans to aid the law enforcement process or to protect human or animal health.
      3. Information received by the state that is required by federal law or regulation to be kept confidential shall be exempt from public disclosure and shall not be open for inspection by members of the public.
   10. 1. The capital plans, marketing information, proprietary information and trade secrets submitted to the Tennessee venture capital network at Middle Tennessee State University shall be treated as confidential and shall not be open for inspection by members of the public.
       2. As used in this subdivision (a)(10), unless the context otherwise requires:
          1. “Capital plans” means plans, feasibility studies, and similar research and information that will contribute to the identification of future business sites and capital investments;
          2. “Marketing information” means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships;
          3. “Proprietary information” means commercial or financial information which is used either directly or indirectly in the business of any person or company submitting information to the Tennessee venture capital network at Middle Tennessee State University, and which gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information;
          4. “Trade secrets” means manufacturing processes, materials used therein, and costs associated with the manufacturing process of a person or company submitting information to the Tennessee venture capital network at Middle Tennessee State University.
   11. Records that are of historical research value which are given or sold to public archival institutions, public libraries, or libraries of a unit of the Tennessee board of regents or the University of Tennessee, when the owner or donor of such records wishes to place restrictions on access to the records shall be treated as confidential and shall not be open for inspection by members of the public. This exemption shall not apply to any records prepared or received in the course of the operation of state or local governments.
   12. Personal information contained in motor vehicle records shall be treated as confidential and shall only be open for inspection in accordance with title 55, chapter 25.
   13. 1. All memoranda, work notes or products, case files and communications related to mental health intervention techniques conducted by mental health professionals in a group setting to provide job-related critical incident counseling and therapy to law enforcement officers, county and municipal correctional officers, dispatchers, emergency medical technicians, emergency medical technician-paramedics, and firefighters, both volunteer and professional, are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless all parties waive such privilege. In order for such privilege to apply, the incident counseling and/or therapy shall be conducted by a qualified mental health professional as defined in § 33-1-101.
       2. For the purposes of this section, “group setting” means that more than one (1) person is present with the mental health professional when the incident counseling and/or therapy is being conducted.
       3. All memoranda, work notes or products, case files and communications pursuant to this section shall not be construed to be public records pursuant to this chapter.
       4. Nothing in this section shall be construed as limiting a licensed professional's obligation to report suspected child abuse or limiting such professional's duty to warn about dangerous individuals as provided under §§ 33-3-206 — 33-3-209, or other provisions relevant to the mental health professional's license.
       5. Nothing in this section shall be construed as limiting the ability of a patient or client, or such person's survivor, to discover under the Rules of Civil Procedure or to admit in evidence under the Rules of Evidence any memoranda, work notes or products, case files and communications which are privileged by this section and which are relevant to a health care liability action or any other action by a patient against a mental health professional arising out of the professional relationship. In such an action against a mental health professional, neither shall anything in this section be construed as limiting the ability of the mental health professional to so discover or admit in evidence such memoranda, work notes or products, case files and communications.
   14. All riot, escape and emergency transport plans which are incorporated in a policy and procedures manual of county jails and workhouses or prisons operated by the department of correction or under private contract shall be treated as confidential and shall not be open for inspection by members of the public.
   15. 1. As used in this subdivision (a)(15), unless the context otherwise requires:
          1. “Identifying information” means the home and work addresses and telephone numbers, social security number, and any other information that could reasonably be used to locate the whereabouts of an individual;
          2. “Protection document” means:
             1. An order of protection issued pursuant to title 36, chapter 3, part 6, that has been granted after proper notice and an opportunity to be heard;
             2. A similar order of protection issued by the court of another jurisdiction;
             3. An extension of an ex parte order of protection granted pursuant to § 36-3-605(a);
             4. A similar extension of an ex parte order of protection granted by a court of competent jurisdiction in another jurisdiction;
             5. A restraining order issued by a court of competent jurisdiction prohibiting violence against the person to whom it is issued;
             6. A court order protecting the confidentiality of certain information issued upon the request of a district attorney general to a victim or witness in a criminal case, whether pending or completed; and
             7. An affidavit from the director of a rape crisis center, domestic violence shelter, or human trafficking service provider, as defined in § 36-3-623, certifying that an individual is a victim in need of protection; provided, that such affidavit is on a standardized form to be developed and distributed to such centers, shelters, and providers by the Tennessee task force against domestic violence; and
          3. “Utility service provider” means any entity, whether public or private, that provides electricity, natural gas, water, or telephone service to customers on a subscription basis, whether or not regulated by the Tennessee public utility commission.
       2. If the procedure set out in this subdivision (a)(15) is followed, identifying information compiled and maintained by a utility service provider concerning a person who has obtained a valid protection document shall be treated as confidential and not open for inspection by the public.
       3. For subdivision (a)(15)(B) to be applicable, a copy of the protection document must be presented during regular business hours by the person to whom it was granted to the records custodian of the utility service provider whose records such person seeks to make confidential, and such person must request that all identifying information about such person be maintained as confidential.
       4. The protection document must at the time of presentation be in full force and effect. The records custodian may assume that a protection document is in full force and effect if it is on the proper form and if on its face it has not expired.
       5. Upon being presented with a valid protection document, the records custodian shall accept receipt of it and maintain it in a separate file containing in alphabetical order all protection documents presented to such records custodian pursuant to this subdivision (a)(15). Nothing in this subdivision (a)(15) shall be construed as prohibiting a records custodian from maintaining an electronic file of such protection documents provided the records custodian retains the original document presented.
       6. Identifying information concerning a person that is maintained as confidential pursuant to this subdivision (a)(15) shall remain confidential until the person who requested such confidentiality notifies in person the records custodian of the appropriate utility service provider that there is no longer a need for such information to remain confidential. A records custodian receiving such notification shall remove the protection document concerning such person from the file maintained pursuant to subdivision (a)(15)(E), and the identifying information about such person shall be treated in the same manner as the identifying information concerning any other customer of the utility. Before removing the protection document and releasing any identifying information, the records custodian of the utility service provider shall require that the person requesting release of the identifying information maintained as confidential produce sufficient identification to satisfy such custodian that that person is the same person as the person to whom the document was originally granted.
       7. After July 1, 1999, if information is requested from a utility service provider about a person other than the requestor and such request is for information that is in whole or in part identifying information, the records custodian of the utility service provider shall check the separate file containing all protection documents that have been presented to such utility. If the person about whom information is being requested has presented a valid protection document to the records custodian in accordance with the procedure set out in this subdivision (a)(15), and has requested that identifying information about such person be maintained as confidential, the records custodian shall redact or refuse to disclose to the requestor any identifying information about such person.
       8. Nothing in this subdivision (a)(15) shall prevent the district attorney general and counsel for the defendant from providing to each other in a pending criminal case, where the constitutional rights of the defendant require it, information which otherwise would be held confidential under this subdivision (a)(15).
   16. 1. As used in this subdivision (a)(16), unless the context otherwise requires:
          1. “Governmental entity” means the state of Tennessee and any county, municipality, city or other political subdivision of the state of Tennessee;
          2. “Identifying information” means the home and work addresses and telephone numbers, social security number, and any other information that could reasonably be used to locate the whereabouts of an individual;
          3. “Protection document” means:
       2. If the procedure set out in this subdivision (a)(16) is followed, identifying information compiled and maintained by a governmental entity concerning a person who has obtained a valid protection document may be treated as confidential and may not be open for inspection by the public.
       3. For subdivision (a)(16)(B) to be applicable, a copy of the protection document must be presented during regular business hours by the person to whom it was granted to the records custodian of the governmental entity whose records such person seeks to make confidential, and such person must request that all identifying information about such person be maintained as confidential.
       4. The protection document presented must at the time of presentation be in full force and effect. The records custodian may assume that a protection document is in full force and effect if it is on the proper form and if on its face it has not expired.
       5. Upon being presented with a valid protection document, the record custodian may accept receipt of it. If the records custodian does not accept receipt of such document, the records custodian shall explain to the person presenting the document why receipt cannot be accepted and that the identifying information concerning such person will not be maintained as confidential. If the records custodian does accept receipt of the protection document, such records custodian shall maintain it in a separate file containing in alphabetical order all protection documents presented to such custodian pursuant to this subdivision (a)(16). Nothing in this subdivision (a)(16) shall be construed as prohibiting a records custodian from maintaining an electronic file of such protection documents; provided, that the custodian retains the original document presented.
       6. Identifying information concerning a person that is maintained as confidential pursuant to this subdivision (a)(16) shall remain confidential until the person requesting such confidentiality notifies in person the appropriate records custodian of the governmental entity that there is no longer a need for such information to remain confidential. A records custodian receiving such notification shall remove the protection document concerning such person from the file maintained pursuant to subdivision (a)(16)(E), and the identifying information about such person shall be treated in the same manner as identifying information maintained by the governmental entity about other persons. Before removing the protection document and releasing any identifying information, the records custodian of the governmental entity shall require that the person requesting release of the identifying information maintained as confidential produce sufficient identification to satisfy such records custodian that that person is the same person as the person to whom the document was originally granted.
       7. 1. After July 1, 1999, if:
             1. An order of protection issued pursuant to title 36, chapter 3, part 6, that has been granted after proper notice and an opportunity to be heard;
             2. A similar order of protection issued by the court of another jurisdiction;
             3. An extension of an ex parte order of protection granted pursuant to § 36-3-605(a);
             4. A similar extension of an ex parte order of protection granted by a court of competent jurisdiction in another jurisdiction;
             5. A restraining order issued by a court of competent jurisdiction prohibiting violence against the person to whom it is issued;
             6. A court order protecting the confidentiality of certain information issued upon the request of a district attorney general to a victim or witness in a criminal case, whether pending or completed; and
             7. An affidavit from the director of a rape crisis center or domestic violence shelter certifying that an individual is a victim in need of protection; provided, that such affidavit is on a standardized form to be developed and distributed to such centers and shelters by the Tennessee task force against domestic violence.
             8. Information is requested from a governmental entity about a person other than the person making the request;
             9. Such request is for information that is in whole or in part identifying information; and
             10. The records custodian of the governmental entity to whom the request was made accepts receipt of protection documents and maintains identifying information as confidential;
          2. then such records custodian shall check the separate file containing all protection documents that have been presented to such entity. If the person about whom information is being requested has presented a valid protection document to the records custodian in accordance with the procedure set out in this subdivision (a)(16), and has requested that identifying information about such person be maintained as confidential, the records custodian shall redact or refuse to disclose to the requestor any identifying information about such person.
       8. Nothing in this subdivision (a)(16) shall prevent the district attorney general and counsel for the defendant from providing to each other in a pending criminal case, where the constitutional rights of the defendant require it, information which otherwise may be held confidential under this subdivision (a)(16).
       9. In an order of protection case, any document required for filing, other than the forms promulgated by the supreme court pursuant to § 36-3-604(b), shall be treated as confidential and kept under seal except that the clerk may transmit any such document to the Tennessee bureau of investigation, 911 service or emergency response agency or other law enforcement agency.
   17. The telephone number, address, and any other information which could be used to locate the whereabouts of a domestic violence shelter, family safety center, rape crisis center, or human trafficking service provider, as defined in § 36-3-623, may be treated as confidential by a governmental entity, and shall be treated as confidential by a utility service provider, as defined in subdivision (a)(15), upon the director of the shelter, family safety center, crisis center, or human trafficking service provider giving written notice to the records custodian of the appropriate entity or utility that such shelter, family safety center, crisis center, or human trafficking service provider desires that such identifying information be maintained as confidential. The records of family safety centers shall be treated as confidential in the same manner as the records of domestic violence shelters pursuant to § 36-3-623.
   18. Computer programs, software, software manuals, and other types of information manufactured or marketed by persons or entities under legal right and sold, licensed, or donated to Tennessee state boards, agencies, political subdivisions, or higher education institutions shall not be open to public inspection; provided, that computer programs, software, software manuals, and other types of information produced by state or higher education employees at state expense shall be available for inspection as part of an audit or legislative review process.
   19. Credit card account numbers and any related personal identification numbers (PIN) or authorization codes in the possession of the state or a political subdivision thereof shall be maintained as confidential and shall not be open for inspection by members of the public.
   20. 1. For the purposes of this subdivision (a)(20), the following terms shall have the following meaning:
          1. “Consumer” means any person, partnership, limited partnership, corporation, professional corporation, limited liability company, trust, or any other entity, or any user of a utility service;
          2. “Municipal” and “municipality” means a county, metropolitan government, incorporated city, town of the state, or utility district as created in title 7, chapter 82;
          3. “Private records” means a credit card number, social security number, tax identification number, financial institution account number, burglar alarm codes, security codes, access codes, and consumer-specific energy and water usage data except for aggregate monthly billing information; and
          4. “Utility” includes any public electric generation system, electric distribution system, water storage or processing system, water distribution system, gas storage system or facilities related thereto, gas distribution system, wastewater system, telecommunications system, or any services similar to any of the foregoing.
       2. The private records of any utility shall be treated as confidential and shall not be open for inspection by members of the public.
       3. Information made confidential by this subdivision (a)(20) shall be redacted wherever possible and nothing in this subdivision (a)(20) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains confidential information. For purposes of this subdivision (a)(20) only, it shall be presumed that redaction of such information is possible. The entity requesting the records shall pay all reasonable costs associated with redaction of materials.
       4. Nothing in this subdivision (a)(20) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions.
       5. Nothing in this subdivision (a)(20) shall be construed to limit access to information made confidential under this subdivision (a)(20), when the consumer expressly authorizes the release of such information.
   21. 1. The following records shall be treated as confidential and shall not be open for public inspection:
          1. Records that would allow a person to identify areas of structural or operational vulnerability of a utility service provider or that would permit unlawful disruption to, or interference with, the services provided by a utility service provider;
          2. All contingency plans of a governmental entity prepared to respond to or prevent any violent incident, bomb threat, ongoing act of violence at a school or business, ongoing act of violence at a place of public gathering, threat involving a weapon of mass destruction, or terrorist incident.
       2. Documents concerning the cost of governmental utility property, the cost of protecting governmental utility property, the cost of identifying areas of structural or operational vulnerability of a governmental utility, the cost of developing contingency plans for a governmental entity, and the identity of vendors providing goods or services to a governmental entity in connection with the foregoing shall not be confidential. However, any documents relating to these subjects shall not be made available to the public unless information that is confidential under this subsection (a) or any other provision of this chapter has been redacted or deleted from the documents.
       3. As used in this subdivision (a)(21):
          1. “Governmental entity” means the state of Tennessee or any county, municipality, city or other political subdivision of the state of Tennessee;
          2. “Governmental utility” means a utility service provider that is also a governmental entity; and
          3. “Utility service provider” means any entity, whether public or private, that provides electric, gas, water, sewer or telephone service, or any combination of the foregoing, to citizens of the state of Tennessee, whether or not regulated by the Tennessee public utility commission.
       4. Nothing in this subdivision (a)(21) shall be construed to limit access to these records by other governmental agencies performing official functions or to preclude any governmental agency from allowing public access to these records in the course of performing official functions.
   22. The following records shall be treated as confidential and shall not be open for public inspection:
       1. The audit working papers of the comptroller of the treasury and state, county and local government internal audit staffs conducting audits as authorized by § 4-3-304. For purposes of this subdivision (a)(22) “audit working papers” includes, but is not limited to, auditee records, intra-agency and interagency communications, draft reports, schedules, notes, memoranda and all other records relating to an audit or investigation;
       2. All information and records received or generated by the comptroller of the treasury containing allegations of unlawful conduct or fraud, waste or abuse;
       3. All examinations administered by the comptroller of the treasury as part of the assessment certification and education program, including, but not limited to, the total bank of questions from which the tests are developed, the answers, and the answer sheets of individual test takers; and
       4. Survey records, responses, data, identifying information as defined in subdivision (a)(15), intra-agency and interagency communications, and other records received to serve as input for any survey created, obtained, or compiled by the comptroller of the treasury; provided, however, this subdivision (a)(22)(D) shall not apply to any survey conducted by the office of open records counsel, created by § 8-4-601.
   23. All records containing the results of individual teacher evaluations administered pursuant to the policies, guidelines, and criteria adopted by the state board of education under § 49-1-302 shall be treated as confidential and shall not be open to the public. Nothing in this subdivision (a)(23) shall be construed to prevent the LEA, public charter school, state board of education, or department of education from accessing and utilizing such records as required to fulfill their lawful functions. Lawful functions shall include the releasing of such records to parties conducting research in accordance with § 49-1-606(b).
   24. All proprietary information provided to the alcoholic beverage commission shall be treated as confidential and shall not be open for inspection by members of the public. As used in this subdivision (a)(24), “proprietary information” means commercial or financial information which is used either directly or indirectly in the business of any person or company submitting information to the alcoholic beverage commission and which gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information.
   25. A voluntary association that establishes and enforces bylaws or rules for interscholastic sports competition for secondary schools in this state shall have access to records or information from public, charter, non-public, other schools, school officials and parents or guardians of school children as is required to fulfill its duties and functions. Records or information relating to academic performance, financial status of a student or the student's parent or guardian, medical or psychological treatment or testing, and personal family information in the possession of such association shall be confidential.
   26. 1. Job performance evaluations of the following employees shall be treated as confidential and shall not be open for public inspection:
          1. Employees of the department of treasury;
          2. Employees of the comptroller of the treasury;
          3. Employees of the secretary of state's office; and
          4. Employees of public institutions of higher education.
       2. For purposes of this subdivision (a)(26), “job performance evaluations” includes, but is not limited to, job performance evaluations completed by supervisors, communications concerning job performance evaluations, self-evaluations of job performance prepared by employees, job performance evaluation scores, drafts, notes, memoranda, and all other records relating to job performance evaluations.
       3. Nothing in this subdivision (a)(26) shall be construed to limit access to those records by law enforcement agencies, courts, or other governmental agencies performing official functions.
   27. E-mail addresses collected by the department of state's division of business services, except those that may be contained on filings submitted pursuant to title 47, chapter 9, or § 55-3-126(f), shall be treated as confidential and shall not be open to inspection by members of the public.
   28. Proposals and statements of qualifications received by a local government entity in response to a personal service, professional service, or consultant service request for proposals or request for qualifications solicitation, and related records, including, but not limited to, evaluations, names of evaluation committee members, and all related memoranda or notes, shall not be open for public inspection until the intent to award the contract to a particular respondent is announced.
   29. 1. No governmental entity shall publicly disclose personally identifying information of any citizen of the state unless:
          1. Permission is given by the citizen;
          2. Distribution is authorized under state or federal law; or
          3. Distribution is made:
             1. To a consumer reporting agency as defined by the federal Fair Credit Reporting Act (15 U.S.C. §§ 1681 et seq.);
             2. To a financial institution subject to the privacy provisions of the federal Gramm Leach Bliley Act (15 U.S.C. § 6802); or
             3. To a financial institution subject to the International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 (31 U.S.C. §§ 5311 et seq.).
       2. 1. This subdivision (a)(29) does not prohibit the use of personally identifying information by a governmental entity in the performance of its functions or the disclosure of personally identifying information to another governmental entity, or an agency of the federal government, or a private person or entity that has been authorized to perform certain duties as a contractor of the governmental entity.
          2. Any person or entity receiving personally identifying information from a governmental entity shall be subject to the same confidentiality provisions as the disclosing entity; provided, however, that the confidentiality provisions applicable to a consumer reporting agency or financial institution as defined in subdivision (a)(29)(A)(iii) shall be governed by federal law.
       3. For purposes of this subdivision (a)(29), “personally identifying information” means:
          1. Social security numbers;
          2. Official state or government issued driver licenses or identification numbers;
          3. Alien registration numbers or passport numbers;
          4. Employer or taxpayer identification numbers;
          5. Unique biometric data, such as fingerprints, voice prints, retina or iris images, or other unique physical representations; or
          6. Unique electronic identification numbers, routing codes or other personal identifying data which enables an individual to obtain merchandise or service or to otherwise financially encumber the legitimate possessor of the identifying data.
   30. 1. Proprietary information, trade secrets, and marketing information submitted to any food-based business incubation service provider created by a municipality shall be treated as confidential and shall not be open for inspection by members of the public.
       2. As used in this subdivision (a)(30):
          1. “Proprietary information”:
             1. Means commercial or financial information that is used either directly or indirectly in the business of any person or company submitting information to a food-based business incubation service provider, and that gives such person or company an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information; and
             2. Does not include lease agreements with the incubation service provider, the identity of businesses or persons using the incubation service provider's services, amounts paid to the incubation service provider by businesses or persons for use of facilities or for other services, or financial records of the incubation service provider;
          2. “Marketing information” means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships; and
          3. “Trade secret” means a manufacturing process, materials used therein, and costs associated with the manufacturing process of any person or company submitting information to a food-based business incubation service provider.

          [Effective until June 30, 2026.]

   31. 1. Except as provided in subdivisions (a)(31)(B)-(D), personally identifying information of any person named in any motor vehicle accident report is confidential and not open for public inspection.
       2. Notwithstanding subdivision (a)(31)(A) and upon written request, any person named in any motor vehicle accident report, or such person's agent, legal representative, or attorney, certifying that the person has permission from the person, persons, or entities authorized to obtain motor vehicle records information pursuant to § 55-25-107(b)(1), (b)(6) or (b)(9), is authorized to receive an accident report containing personally identifying information of persons involved in the accident.
       3. Notwithstanding subdivision (a)(31)(A), any federal, state, or local governmental agency, or any private person or entity acting on behalf of a federal, state, or local governmental agency, may use personally identifying information in carrying out the agency's functions.
       4. Nothing in this subdivision (a)(31) prevents a law enforcement entity from releasing information about traffic accidents to the public, including the name, age, and county or city of residence of a person involved in an accident, when the law enforcement entity determines such release is in the best interest of the agency and for the public good.
       5. For purposes of this subdivision (a)(31), “personally identifying information” means:
          1. Street addresses and zip codes;
          2. Telephone numbers;
          3. Driver license numbers; and
          4. Insurance information.
       6. This subdivision (a)(31) is repealed June 30, 2026.
2. Any record designated “confidential” shall be so treated by agencies in the maintenance, storage and disposition of such confidential records. These records shall be destroyed in such a manner that they cannot be read, interpreted or reconstructed. The destruction shall be in accordance with an approved records disposition authorization from the public records commission.
3. Notwithstanding any law to the contrary, any confidential public record in existence more than seventy (70) years shall be open for public inspection by any person unless disclosure of the record is specifically prohibited or restricted by federal law or unless the record is a record of services for a person for mental illness or intellectual and developmental disabilities. This section does not apply to a record concerning an adoption or a record maintained by the office of vital records or by the Tennessee bureau of investigation. For the purpose of providing an orderly schedule of availability for access to such confidential public records for public inspection, all records created and designated as confidential prior to January 1, 1901, shall be open for public inspection on January 1, 1985. All other public records created and designated as confidential after January 1, 1901 and which are seventy (70) years of age on January 1, 1985, shall be open for public inspection on January 1, 1986; thereafter all such records shall be open for public inspection pursuant to this part after seventy (70) years from the creation date of such records.
4. Records of any employee's identity, diagnosis, treatment, or referral for treatment that are maintained by any state or local government employee assistance program shall be confidential; provided, that any such records are maintained separately from personnel and other records regarding such employee that are open for inspection. For purposes of this subsection (d), “employee assistance program” means any program that provides counseling, problem identification, intervention, assessment, or referral for appropriate diagnosis and treatment, and follow-up services to assist employees of such state or local governmental entity who are impaired by personal concerns including, but not limited to, health, marital, family, financial, alcohol, drug, legal, emotional, stress or other personal concerns which may adversely affect employee job performance.
5. Unpublished telephone numbers in the possession of emergency communications districts created pursuant to title 7, chapter 86, or the emergency communications board created pursuant to § 7-86-302 or its designated agent shall be treated as confidential and shall not be open for inspection by members of the public until such time as any provision of the service contract between the telephone service provider and the consumer providing otherwise is effectuated; provided, that addresses held with such unpublished telephone numbers, or addresses otherwise collected or compiled, and in the possession of emergency communications districts created pursuant to title 7, part 86, or the emergency communications board created pursuant to § 7-86-302 or its designated agent shall be made available upon written request to any county election commission for the purpose of compiling a voter mailing list for a respective county.
6. 1. The following records or information of any state, county, municipal or other public employee or former employee, or applicant to such position, or of any law enforcement officer commissioned pursuant to § 49-7-118, in the possession of a governmental entity or any person in its capacity as an employer shall be treated as confidential and shall not be open for inspection by members of the public:
      1. Home telephone and personal cell phone numbers;
      2. Bank account and individual health savings account, retirement account and pension account information; provided, that nothing shall limit access to financial records of a governmental employer that show the amounts and sources of contributions to the accounts or the amount of pension or retirement benefits provided to the employee or former employee by the governmental employer;
      3. Social security number;
      4. 1. Residential information, including the street address, city, state and zip code, for any state employee; and
         2. Residential street address for any county, municipal or other public employee;
      5. Driver license information except where driving or operating a vehicle is part of the employee's job description or job duties or incidental to the performance of the employee's job;
      6. The information listed in subdivisions (f)(1)(A)-(E) of immediate family members, whether or not the immediate family member resides with the employee, or household members;
      7. Emergency contact information, except for that information open to public inspection in accordance with subdivision (f)(1)(D)(ii); and
      8. Personal, nongovernment issued, email address.
   2. Information made confidential by this subsection (f) shall be redacted wherever possible and nothing in this subsection (f) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information.
   3. Nothing in this subsection (f) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions.
   4. Nothing in this subsection (f) shall be construed to close any personnel records of public officers which are currently open under state law.
   5. Nothing in this subsection (f) shall be construed to limit access to information made confidential under this subsection (f), when the employee expressly authorizes the release of such information.
   6. Notwithstanding any provision to the contrary, the bank account information for any state, county, municipal, or other public employee, former employee or applicant to such position, or any law enforcement officer commissioned pursuant to § 49-7-118, that is received, compiled or maintained by the department of treasury, shall be confidential and not open for inspection by members of the public, regardless of whether the employee is employed by the department of treasury. The bank account information that shall be kept confidential shall include, but not be limited to bank account numbers, transit routing numbers and the name of the financial institutions.
   7. Notwithstanding any provision to the contrary, the following information that is received, compiled or maintained by the department of treasury relating to the department's investment division employees who are so designated in writing by the state treasurer shall be kept confidential and not open for inspection by members of the public: holdings reports, confirmations, transaction reports and account statements relative to securities, investments or other assets disclosed by the employee to the employer, or authorized by the employee to be released to the employer directly or otherwise.
   8. 1. Any person required by law to treat information described in subdivision (f)(1)(D) as confidential commits an offense if such information pertains to a law enforcement officer or a county corrections officer and:
         1. The person acts with criminal negligence, as defined in § 39-11-106, in releasing the information to the public; or
         2. The person knows the information is to be treated as confidential and intentionally releases the information to the public.
      2. 1. A violation of subdivision (f)(8)(A)(i) is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500).
         2. A violation of subdivision (f)(8)(A)(ii) is a Class A misdemeanor.
      3. Subdivision (f)(8)(A) shall not apply if:
         1. The law enforcement officer or county corrections officer whose information is treated as confidential under subdivision (f)(1)(D) expressly authorizes the release of such information; or
         2. The information is released pursuant to court order.
7. 1. 1. 1. All law enforcement personnel information in the possession of any entity or agency in its capacity as an employer, including officers commissioned pursuant to § 49-7-118, shall be open for inspection as provided in § 10-7-503(a), except personal information shall be redacted where there is a reason not to disclose as determined by the chief law enforcement officer or the chief law enforcement officer's designee.
         2. When a request to inspect includes personal information and the request is for a professional, business, or official purpose, the chief law enforcement officer or custodian shall consider the specific circumstances to determine whether there is a reason not to disclose and shall release all information, except information made confidential in subsection (f), if there is not such a reason. In all other circumstances, the officer shall be notified prior to disclosure of the personal information and shall be given a reasonable opportunity to be heard and oppose the release of the information. Nothing in this subdivision (g)(1) shall be construed to limit the requestor's right to judicial review set out in § 10-7-505.
         3. The chief law enforcement officer shall reserve the right to segregate information that could be used to identify or to locate an officer designated as working undercover.
      2. In addition to the requirements of § 10-7-503(c), the request for a professional, business, or official purpose shall include the person's business address, business telephone number and email address. The request may be made on official or business letterhead and the person making the request shall provide the name and contact number or email address for a supervisor for verification purposes.
      3. If the chief law enforcement official, the chief law enforcement official's designee, or the custodian of the information decides to withhold personal information, a specific reason shall be given to the requestor in writing within two (2) business days, and the file shall be released with the personal information redacted.
      4. For purposes of this subsection (g), personal information shall include the officer's residential address, home and personal cellular telephone number; place of employment; name, work address and telephone numbers of the officer's immediate family; name, location, and telephone number of any educational institution or daycare provider where the officer's spouse or child is enrolled.
   2. Nothing in this subsection (g) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains some information made confidential by subdivision (g)(1).
   3. Nothing in this subsection (g) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions.
   4. Except as provided in subdivision (g)(1), nothing in this subsection (g) shall be construed to close personnel records of public officers, which are currently open under state law.
   5. Nothing in this subsection (g) shall be construed to limit access to information made confidential by subdivision (g)(1), when the employee expressly authorizes the release of such information.
8. 1. Notwithstanding any other law to the contrary, those parts of the record identifying an individual or entity as a person or entity who or that has been or may in the future be directly involved in the process of executing a sentence of death shall be treated as confidential and shall not be open to public inspection. For the purposes of this section “person or entity” includes, but is not limited to, an employee of the state who has training related to direct involvement in the process of executing a sentence of death, a contractor or employee of a contractor, a volunteer who has direct involvement in the process of executing a sentence of death, or a person or entity involved in the procurement or provision of chemicals, equipment, supplies and other items for use in carrying out a sentence of death. Records made confidential by this section include, but are not limited to, records related to remuneration to a person or entity in connection with such person's or entity's participation in or preparation for the execution of a sentence of death. Such payments shall be made in accordance with a memorandum of understanding between the commissioner of correction and the commissioner of finance and administration in a manner that will protect the public identity of the recipients; provided, that, if a contractor is employed to participate in or prepare for the execution of a sentence of death, the amount of the special payment made to such contractor pursuant to the contract shall be reported by the commissioner of correction to the comptroller of the treasury and such amount shall be a public record.
   2. Information made confidential by this subsection (h) shall be redacted wherever possible and nothing in this subsection (h) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information.
9. 1. Information that would allow a person to obtain unauthorized access to confidential information or to government property shall be maintained as confidential. For the purpose of this section, “government property” includes electronic information processing systems, telecommunication systems, or other communications systems of a governmental entity subject to this chapter. For the purpose of this section, “governmental entity” means the state of Tennessee and any county, municipality, city or other political subdivision of the state of Tennessee. Such records include:
      1. Plans, security codes, passwords, combinations, or computer programs used to protect electronic information and government property;
      2. Information that would identify those areas of structural or operational vulnerability that would permit unlawful disruption to, or interference with, the services provided by a governmental entity; and
      3. Information that could be used to disrupt, interfere with, or gain unauthorized access to electronic information or government property.
   2. Information made confidential by this subsection (i) shall be redacted wherever possible and nothing in this subsection (i) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains confidential information.
   3. 1. Documents concerning the cost of protecting government property or electronic information shall not be confidential.
      2. The identity of a vendor that provides to the state goods and services used to protect electronic information processing systems, telecommunication and other communication systems, data storage systems, government employee information, or citizen information shall be confidential.
      3. The identity of a vendor that provides to a governmental entity other than the state goods and services used to protect electronic information processing systems, telecommunication and other communication systems, data storage systems, government employee information, or citizen information shall not be confidential; provided, that the identity of the vendor shall be confidential if the governing body of the governmental entity votes affirmatively to make such information confidential.
      4. Notwithstanding subdivisions (i)(3)(B) and (C), a governmental entity shall, upon request, provide the identity of a vendor to the comptroller of the treasury, the fiscal review committee of the general assembly, and any member of the general assembly. If the identity of the vendor is confidential under subdivision (i)(3)(B) or (i)(3)(C), the comptroller, fiscal review committee, or member shall exercise reasonable care in maintaining the confidentiality of the identity of the vendor obtained under this subdivision (i)(3)(D).
10. 1. Notwithstanding any other law to the contrary, identifying information compiled and maintained by the department of correction and the board of parole concerning any person shall be confidential when the person has been notified or requested that notification be provided to the person regarding the status of criminal proceedings or of a convicted felon incarcerated in a department of correction institution, county jail or workhouse or under state supervised probation or parole pursuant to § 40-28-505, § 40-38-103, § 40-38-110, § 40-38-111, § 41-21-240 or § 41-21-242.
    2. For purposes of subdivision (j)(1), “identifying information” means the name, home and work addresses, telephone numbers and social security number of the person being notified or requesting that notification be provided.
11. The following information regarding victims who apply for compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13, shall be treated as confidential and shall not be open for inspection by members of the public:
    1. Residential information, including the street address, city, state and zip code;
    2. Home telephone and personal cell phone numbers;
    3. Social security number; and
    4. The criminal offense from which the victim is receiving compensation.
12. 1. All applications, certificates, records, reports, legal documents and petitions made or information received pursuant to title 37 that directly or indirectly identifies a child or family receiving services from the department of children's services or that identifies the person who made a report of harm pursuant to § 37-1-403 or § 37-1-605 shall be confidential and shall not be open for public inspection, except as provided by §§ 37-1-131, 37-1-409, 37-1-612, 37-5-107 and 49-6-3051.
    2. The information made confidential pursuant to subdivision (l )(1) includes information contained in applications, certifications, records, reports, legal documents and petitions in the possession of not only the department of children's services but any state or local agency, including, but not limited to, law enforcement and the department of education.
13. 1. Information and records that are directly related to the security of any government building shall be maintained as confidential and shall not be open to public inspection. For purposes of this subsection (m), “government building” means any building that is owned, leased or controlled, in whole or in part, by the state of Tennessee or any county, municipality, city or other political subdivision of the state of Tennessee. Such information and records include, but are not limited to:
       1. Information and records about alarm and security systems used at the government building, including codes, passwords, wiring diagrams, plans and security procedures and protocols related to the security systems;
       2. Security plans, including security-related contingency planning and emergency response plans;
       3. Assessments of security vulnerability;
       4. Information and records that would identify those areas of structural or operational vulnerability that would permit unlawful disruption to, or interference with, the services provided by a governmental entity; and
       5. Surveillance recordings, whether recorded to audio or visual format, or both, except segments of the recordings may be made public when they include an act or incident involving public safety or security or possible criminal activity. In addition, if the recordings are relevant to a civil action or criminal prosecution, then the recordings may be released in compliance with a subpoena or an order of a court of record in accordance with the Tennessee rules of civil or criminal procedure. The court or administrative judge having jurisdiction over the proceedings shall issue appropriate protective orders, when necessary, to ensure that the information is disclosed only to appropriate persons. Release of any segment or segments of the recordings shall not be construed as waiving the confidentiality of the remaining segments of the audio or visual tape.
    2. Information made confidential by this subsection (m) shall be redacted wherever possible and nothing in this subsection (m) shall be used to limit or deny access to otherwise public information because a file or document contains confidential information.
14. 1. Notwithstanding any law to the contrary, the following documents submitted to the state in response to a request for proposal or other procurement method shall remain confidential after completion of the evaluation period:
       1. Discount, rebate, pricing or other financial arrangements at the individual drug level between pharmaceutical manufacturers, pharmaceutical wholesalers/distributors, and pharmacy benefits managers, as defined in § 56-7-3102, that a proposer:
          1. Submits to the state in response to a request for proposals or other procurement methods for pharmacy-related benefits or services;
          2. Includes in its cost or price proposal, or provides to the state after the notice of intended award of the contract is issued, where the proposer is the apparent contract awardee; and
          3. Explicitly marks as confidential and proprietary; and
       2. Discount, rebate, pricing or other financial arrangements at the individual provider level between health care providers and health insurance entities, as defined in § 56-7-109, insurers, insurance arrangements and third party administrators that a proposer:
          1. Submits to the state in response to a request for proposals or other procurement method after the notice of intended award of the contract is issued, where the proposer is the apparent contract awardee, in response to a request by the state for additional information; and
          2. Explicitly marks as confidential and proprietary.
    2. 1. Information made confidential by subdivision (n)(1) shall be redacted wherever possible; and nothing contained in this subsection (n) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains confidential information. The confidentiality established by subdivision (n)(1)(B) is applicable only to information submitted to the state after completion of the evaluation period; and provision of the notice of intended award of the contract and such information shall only be used to validate the accuracy of the apparent contract awardee's proposal and shall not be used to alter the scope of the information required by the state's procurement document requesting proposals. Any report produced by the state, or on the state's behalf, utilizing the information made confidential by subdivision (n)(1)(B) shall not be considered confidential hereunder so long as such report is disclosed in an aggregate or summary format without disclosing discount, rebate, pricing or other financial arrangements at the individual provider level.
       2. The comptroller of the treasury, for the purpose of conducting audits or program evaluations, shall have access to the discount, rebate, pricing and descriptions of other financial arrangements cited in this subsection (n) as submitted in a procurement or as a report to the contractor; provided, however, that no official, employee or agent of the state of Tennessee may release or provide for the release, in any form, of information subject to confidential custody under this subsection (n).
15. 1. Except as provided in subdivisions (o)(2)-(4), the following information and records are confidential, not open or available for public inspection and shall not be released in any manner:
       1. All information contained in any application for a handgun carry permit issued pursuant to § 39-17-1351, § 39-17-1365, or § 39-17-1366, a permit renewal application, or contained in any materials required to be submitted in order to obtain such a permit;
       2. All information provided to any state or federal agency, to any county, municipality, or other political subdivision, to any official, agent, or employee of any state or federal agency, or obtained by any state or federal agency in the course of its investigation of an applicant for a handgun carry permit; and
       3. Any and all records maintained relative to an application for a handgun carry permit issued pursuant to § 39-17-1351, § 39-17-1365, or § 39-17-1366, a permit renewal application, the issuance, renewal, expiration, suspension, or revocation of a handgun carry permit, or the result of any criminal history record check conducted under this part.
    2. Any information or other records regarding an applicant or permit holder may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution, or for determining the validity of a handgun carry permit, or to a child support enforcement agency for purposes of child support enforcement, but shall not be publicly disclosed except as evidence in a criminal or child support enforcement proceeding.
    3. Any person or entity may request the department of safety to search its handgun permit holder database to determine if a named person has a Tennessee handgun carry permit, as of the date of the request, if the person or entity presents with the request a judgment of conviction, criminal history report, order of protection, or other official government document or record that indicates the named person is not eligible to possess a handgun carry permit under the requirements of § 39-17-1351, § 39-17-1365, or § 39-17-1366.
    4. Nothing in this subsection (o) shall prohibit release of the handgun carry permit statistical reports authorized by § 39-17-1351(s).
16. Information, records, and plans that are related to school security, the district-wide school safety plans or the building-level school safety plans shall not be open to public inspection. Nothing in this part shall be interpreted to prevent school administrators of an LEA from discussing or distributing information to parents or legal guardians of children attending the school regarding procedures for contacting or obtaining a child following a natural disaster.
17. 1. Where a defendant has pled guilty to, or has been convicted of, and has been sentenced for a sexual offense or violent sexual offense specified in § 40-39-202, the following information regarding the victim of the offense shall be treated as confidential and shall not be open for inspection by members of the public:
       1. Name, unless waived pursuant to subdivision (q)(2);
       2. Home, work and electronic mail addresses;
       3. Telephone numbers;
       4. Social security number; and
       5. Any photographic or video depiction of the victim.
    2. 1. At any time after the defendant or defendants in a case have been sentenced for an offense specified in subdivision (q)(1), the victim of such offense whose name is made confidential pursuant to subdivision (q)(1)(A) may waive such provision and allow the victim's name to be obtained in the same manner as other public records.
       2. The district attorney general prosecuting the case shall notify the victim that the victim has the right to waive the confidentiality of the information set forth in subdivision (q)(1)(A).
       3. If the victim executes a written waiver provided by the district attorney general's office to waive confidentiality pursuant to subdivision (q)(2)(A), the waiver shall be filed in the defendant's case file in the office of the court of competent jurisdiction.
    3. Nothing in this subsection (q) shall prevent the district attorney general or attorney general and reporter and counsel for a defendant from providing to each other in a pending criminal case or appeal, where the constitutional rights of the defendant require it, information which otherwise may be held confidential under this subsection (q).
    4. Nothing in this subsection (q) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains some information made confidential by subdivision (q)(1); provided, that confidential information shall be redacted before any access is granted to a member of the public.
    5. Nothing in this subsection (q) shall be construed to limit access to records by law enforcement agencies, courts, or other governmental agencies performing official functions.
18. Notwithstanding any provision to the contrary, any bank account information that is received, compiled, or maintained by a state governmental agency, shall be confidential and shall not be an open record for inspection by members of the public. The bank account information that shall be kept confidential includes, but is not limited to, debit card numbers and any related personal identification numbers (PINs) or authorization codes, bank account numbers, and transit routing numbers.
19. The records of the insurance verification program created pursuant to the James Lee Atwood Jr. Law, compiled in title 55, chapter 12, part 2, in the possession of the department of revenue or its agent, the department of safety, the department of commerce and insurance, law enforcement, and the judiciary pursuant to the James Lee Atwood Jr. Law, shall be treated as confidential and shall not be open for inspection by members of the public. Subsection (c) shall not apply to the records described in this subsection (s).
20. 1. The following information concerning the victim of a criminal offense who is a minor shall be treated as confidential and shall not be open for inspection by members of the public:
       1. Name, unless waived pursuant to subdivision (t)(2);
       2. Home, work, and electronic mail addresses;
       3. Telephone numbers;
       4. Social security number;
       5. Any photographic or video depiction of the minor victim; and
       6. Whether the defendant is related to the victim unless the relationship is an essential element of the offense.
    2. The custodial parent or legal guardian of the minor victim of an offense whose name is made confidential pursuant to subdivision (t)(1)(A) may petition a court of record to waive confidentiality and allow the minor victim's name to be obtained in the same manner as other public records. Upon finding good cause shown, the court shall enter the order granting the waiver.
    3. This subsection (t) shall not be construed to:
       1. Restrict the application of Rule 16 of the Tennessee Rules of Criminal Procedure in any court or the disclosure of information required of counsel by the state or federal constitution;
       2. Limit or deny access to otherwise public information because a file, document, or data file contains some information made confidential by subdivision (t)(1); provided, that confidential information shall be redacted before any access is granted to a member of the public;
       3. Limit access to records by law enforcement agencies, courts, or other governmental agencies performing official functions;
       4. Limit or prevent law enforcement from releasing information included in this subsection (t) for the purposes of locating and identifying missing, exploited, or abducted minors; or
       5. Limit or prevent a political subdivision of this state from publicly releasing the name or photograph of the minor victim of a criminal offense for the purpose of memorializing minor victims of crime in a memorial garden established by the political subdivision, including any literature related to the memorial garden, if the custodial parent or legal guardian of the minor victim has consented to the release.

          [Effective until July 1, 2022. See the Compiler's Notes.]

21. 1. Video taken by a law enforcement body camera that depicts the following shall be treated as confidential and not subject to public inspection:
       1. Minors, when taken within a school that serves any grades from kindergarten through grade twelve (K-12);
       2. The interior of a facility licensed under title 33 or title 68; or
       3. The interior of a private residence that is not being investigated as a crime scene.
    2. Nothing in this subsection (u) shall prevent the district attorney general or attorney general and reporter and counsel for a defendant charged with a criminal offense from providing to each other in a pending criminal case or appeal, where the constitutional rights of the defendant require it, information which otherwise may be held confidential under this subsection (u).
    3. Nothing in this subsection (u) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains some information made confidential by subdivision (u)(1); provided, that confidential information shall be redacted before any access is granted to a member of the public.
    4. Nothing in this subsection (u) shall be construed to limit access to records by law enforcement agencies, courts, or other governmental agencies performing official functions.
    5. This subsection (u) is deleted on July 1, 2022, and shall no longer be effective on and after such date.
22. Notwithstanding any law to the contrary, examination questions, answer sheets, scoring keys, and other examination data used for the purpose of licensure, certification, or registration of health professionals under title 63 or title 68 shall be treated as confidential and shall not be open for inspection by members of the public; provided, however, that:
    1. A person who has taken such an examination has the right to review the person's own completed examination; and
    2. Final examination scores of persons licensed, certified, or registered as health professionals under title 63 or title 68 shall be open for inspection by members of the public, upon request.
23. 1. Notwithstanding any law to the contrary, information that is reasonably likely to identify a student accused of committing an alleged sexual offense or alleged violent sexual offense as defined in § 40-39-202 or any information that is reasonably likely to identify the victim of an alleged sexual offense or alleged violent sexual offense as defined in § 40-39-202, must be treated as confidential and not be open for inspection by members of the public.
    2. Nothing in this subsection (w):
       1. Limits or denies access to otherwise public information because a file, document, or data file contains information that is reasonably likely to identify a student accused of committing a sexual offense or violent sexual offense or the victim of a sexual offense or violent sexual offense; however, all information that is reasonably likely to identify a student accused of committing a sexual offense or violent sexual offense, or the victim of a sexual offense or violent sexual offense must be redacted before any access is granted to a member of the public for inspection;
       2. Prevents the district attorney general, the attorney general and reporter, or counsel for a defendant from providing to each other in a pending criminal case or appeal, where the constitutional rights of the defendant require it, information that otherwise may be held confidential under this subsection (w); or
       3. Limits access to records by law enforcement agencies, courts, or other governmental agencies or instrumentalities performing official functions.

          [Effective until July 1, 2026.]

24. 1. The following information regarding donors to the state museum is confidential and not open for inspection by members of the public, upon the donor's advance request; provided, however, that the museum may disclose such information as authorized or required by law:
       1. Residential information, including the street address, city, state, and zip code;
       2. Home telephone and personal cell phone numbers;
       3. Social security number;
       4. Electronic mail address; and
       5. Taxpayer identification number.
    2. This subsection (x) is repealed effective July 1, 2026.
25. The head of a governmental entity may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to maintain the confidentiality of records concerning adoption proceedings or records required to be kept confidential by federal statute or regulation as a condition for the receipt of federal funds or for participation in a federally funded program.
26. All contingency plans of law enforcement agencies prepared to respond to any violent incident, bomb threat, ongoing act of violence at a school or business, ongoing act of violence at a place of public gathering, threat involving a weapon of mass destruction, or terrorist incident are not open for inspection as provided in § 10-7-503(a).

Acts 1957, ch. 285, § 2; 1970, ch. 531, §§ 1, 2; 1973, ch. 99, § 1; 1975, ch. 127, § 1; 1976, ch. 552, § 1; 1976, ch. 777, § 1; 1977, ch. 152, § 3; 1978, ch. 544, § 1; 1978, ch. 890, § 2; T.C.A., § 15-305; Acts 1983, ch. 211, § 1; 1984, ch. 947, § 2; 1985, ch. 421, §§ 1-4; 1985 (1st Ex. Sess.), ch. 5, § 29; 1987, ch. 118, § 2; 1987, ch. 337, § 20; 1988, ch. 783, § 1; 1988, ch. 894, § 2; 1989, ch. 75, § 1; 1989, ch. 278, § 27; 1990, ch. 888, § 1; 1991, ch. 129, § 1; 1992, ch. 823, § 1; 1996, ch. 724, § 1; 1996, ch. 745, § 16; 1996, ch. 1079, § 29; 1997, ch. 84, § 1; 1997, ch. 290, § 1; 1997, ch. 292, § 1; 1998, ch. 1075, § 1; 1999, ch. 176, §§ 1, 2; 1999, ch. 199, § 1; 1999, ch. 344, §§ 1, 2, 4; 1999, ch. 514, § 2; 2000, ch. 562, § 1; 2000, ch. 783, § 10; 2001, ch. 259, §§ 1, 2; 2002, ch. 730, § 53; 2002, ch. 769, § 1; 2002, ch. 819, § 1; 2002, ch. 849, § 12; 2003, ch. 105, § 1; 2003, ch. 201, § 1; 2003, ch. 295, § 1; 2004, ch. 434, § 1; 2004, ch. 673, § 21; 2005, ch. 47, § 1; 2005, ch. 474, § 6; 2006, ch. 665, § 1; 2007, ch. 178, § 1; 2007, ch. 425, §§ 2, 3; 2008, ch. 853, §§ 1-3; 2008, ch. 1011, § 3; 2009, ch. 176, § 1; 2009, ch. 310, §§ 1, 2; 2009, ch. 328, § 1; 2009, ch. 358, § 1; 2009, ch. 368, § 5; 2009, ch. 567, § 1; 2010, ch. 710, § 1; 2011, ch. 151, § 3; 2011, ch. 158, § 6; 2012, ch. 577, § 1; 2012, ch. 648, § 1; 2012, ch. 798, § 5; 2012, ch. 811, § 1; 2012, ch. 848, § 6; 2012, ch. 877, § 1; 2012, ch. 1082, § 1; 2013, ch. 15, § 1; 2013, ch. 229, §§ 1-5; 2013, ch. 284, § 1; 2013, ch. 314, § 1; 2014, ch. 569, § 1; 2014, ch. 717, § 1; 2014, ch. 804, § 1; 2014, ch. 841, §§  1-3; 2015, ch. 50, §§ 1, 2; 2015, ch. 169, § 1; 2015, ch. 181, § 1; 2015, ch. 211, § 2; 2015, ch. 217, § 1; 2015, ch. 415, § 1; 2015, ch. 511, § 6; 2016, ch. 618, § 1; 2016, ch. 686, § 1; 2016, ch. 722, § 5; 2016, ch. 1009, § 1; 2017, ch. 94, §§ 30, 31; 2017, ch. 113, § 1; 2017, ch. 114, §§ 1-3; 2017, ch. 192, § 8; 2017, ch. 240, § 1; 2017, ch. 255, § 1; 2017, ch. 296, § 1; 2017, ch. 308, § 1; 2018, ch. 613, §§ 2, 3; 2018, ch. 633, § 1; 2018, ch. 676, §§ 1, 2; 2018, ch. 939, § 1; 2018, ch. 980, § 3; 2018, ch. 1060, § 1; 2019, ch. 81, § 2; 2019, ch. 111, § 1; 2019, ch. 479, § 1; 2020, ch. 624, § 1; 2020, ch. 676, §§ 4, 5; 2020, ch. 735, § 1.

Code Commission Notes.

Former subsection (o) was redesignated as subdivision (n)(2)(A) by the code commission in 2012.

Acts 2014, ch. 804, § 1 purported to enact a new subsection (p) to this section. However, Acts 2014, ch. 717, § 1 previously enacted subsection (p); therefore, the code commission has designated the subsection enacted by Acts 2014, ch. 804, § 1 as subsection (q).

Acts 2016, ch. 722, § 5 purported to enact a new subdivision (a)(28). However, Acts 2016, ch. 686, § 1 previously enacted subdivision (a)(28); therefore, the code commission has designated the subdivision enacted by Acts 2016, ch. 722, § 1 as subdivision (a)(29).

Compiler's Notes. Acts 2002, ch. 769, § 2 provided that the addition of (a)(16)(I) shall apply to all orders of protection filed on or after July 1, 2002.

Acts 2004, ch. 673, § 29 provided that:

“To effectuate the provisions of this act, the Commissioner of Finance and Administration shall have the authority to promulgate any necessary rules and regulations not otherwise provided for in this act. All rules and regulations provided for in this act are authorized to be promulgated as public necessity rules (now emergency rules) pursuant to § 4-5-209 (now § 4-5-208). All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.”

Former §§ 40-39-103 and 40-39-106, referred to in this section, were repealed by Acts 2004, ch. 921, § 4, effective August 1, 2004.

Acts 2008, ch. 1011, § 4 provided that the state board of education, acting in consultation with the department of children's services, is authorized to promulgate rules and regulations to effectuate the purposes of the act, which added subdivision (a)(4)(G). The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2012, ch. 727, § 1 amended § 4-3-104, which concerns name changes of departments and divisions, to provide that references to the board of probation and parole, formerly referred to in subdivision (j)(1), are deemed references to the board of parole.

Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 841 took effect on April 28, 2014.

Acts 2015, ch. 511, § 10 provided that the commissioner of revenue, the commissioner of safety, and the commissioner of commerce and insurance are authorized to promulgate rules to effectuate the purposes of the act. All rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in Tennessee Code Annotated, title 4, chapter 5.

Acts 2017, ch. 255, § 2 provided that the act, which added subsection (u), shall expire on July 1, 2022.

Acts 2018, ch. 980, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Student Due Process Protection Act.”

Acts 2018, ch. 980, § 14 provided that  public institutions of higher education may implement this part by promulgating emergency rules pursuant to the Uniform Administrative Procedures Act, compiled in Title 4, Chapter 5.

Acts 2018, ch. 980, § 15 provided that the act, which amended this section, shall apply to all contested cases that are requested on or after July 1, 2018.

Amendments. The 2020 amendment by ch. 624, substituted “subdivision (a)(20)” for “subsection (a)” and “this subdivision (a)(20) only” for “this section only” throughout (a)(20).

The 2020 amendment by ch. 676, added (y) and (z).

The 2020 amendment by ch. 735 added (t)(3)(E).

Effective Dates. Acts 2020, ch. 624, § 2. March 25, 2020.

Acts 2020, ch. 676, § 6, June 15, 2020.

Acts 2020, ch. 735, § 2. June 22, 2020.

Cross-References. Access permitted for reports of harm and granting of access in cases of abuse, § 33-3-108.

Access, retention or disposal of confidential or archival records, § 10-7-508.

Access to records of additional information required by comptroller of the treasury, § 67-5-1319.

Accident reports, § 55-12-104.

Accident reports, confidentiality, § 55-10-114.

Adoption records, § 36-1-125.

Adult Protection Act, confidentiality, § 71-6-118.

Agency documents and records, deletion of confidential portions, § 4-5-218.

Agent for student athletes, registration as public record, §§ 49-7-2105, 49-7-2106.

Agreement as to liability and damages between merchant and employee committing theft of merchandise, § 39-14-145.

Agreements regarding the nondisclosure of trade secrets or other confidential commercial  by the division, § 65-4-118.

Aid to families with dependent children, confidentiality, § 71-3-119.

Annual estimates of teacher effects on student progress in grades three through eight (3-8), § 49-1-606.

Annual reports by deferred presentment services licensees, § 45-17-119.

Appeal procedure for state employees, § 8-30-318.

Assessment by comptroller of the treasury, § 67-5-1301.

Atomic energy and nuclear materials, confidentiality of proprietary information, § 68-202-217.

Attorney-client communications protected from commissioner of taxation investigation, § 67-1-1710.

Attorney-client privilege, § 23-3-105.

Attorney-private detective privilege, § 24-1-209.

Audit information provided by TNInvestcos, § 4-28-110.

Authorization of employee to carry concealed weapon on school property in distressed rural county, § 49-6-816.

Availability for inspection of government records kept on computer or removable computer storage media, § 10-7-121.

Availability of records to adopted persons finalized or attempted prior to March 16, 1951, § 36-1-127.

Banks and financial institutions, records, §§ 45-2-1603, 45-2-1713, 45-7-216, 45-7-225.

Banks, change of control, confidentiality of commissioner of financial institutions' information, § 45-2-103.

Bidding, contracts and purchases generally, title 12, ch. 3, part 2.

Board of dentistry, § 63-5-104.

Board of veterinary medical examiners, confidentiality, § 63-12-110.

Breach of confidentiality of grand jury proceedings—Penalty, § 40-12-211.

Cafeteria benefit plans, government employees, confidentiality of medical records, § 8-25-502.

Cafeteria compensation plan services for state employees, confidentiality of medical records, § 8-25-502.

Campaign finance, disclosure of contract for consulting services to Tennessee ethics commission, § 2-10-125.

Campaign finance, disclosure of fees, commissions, etc. for consulting services to Tennessee ethics commission, § 2-10-126.

Cancer reporting system, title 68, ch. 1, part 10.

Captive insurance companies, audits, § 56-13-109.

Centralized record system for sexual offenders, confidentiality of certain registration information, public information regarding offenders, § 40-39-206.

Chancery court records and papers, insurance company delinquency proceedings, § 56-9-201.

Changes affecting bank control, § 45-2-103.

Child abuse, confidentiality of reports of harm and identity of reporter, § 37-1-409.

Child advocacy centers, § 9-4-213.

Child custody determinations under the Uniform Child Custody Jurisdiction and Enforcement Act, confidentiality of records, § 36-6-224.

Child sexual abuse, confidentiality of records, § 37-1-612.

Citations based on unmanned traffic enforcement cameras, § 55-8-198.

Claim for health care liability, § 29-26-121.

Claims against state, confidentiality of records, § 9-8-307.

Clergy — Communications, § 24-1-206.

Closed meeting by association that regulates interscholastic athletics where confidential information protected by privacy law or privilege discussed, § 49-2-132.

Commissioner of commerce and insurance, records and proceedings relating to supervision of insurers, § 56-9-504.

Commissioner of correction, restricting access to records, § 4-6-140.

Commissioner of revenue, confidentiality of inheritance tax records, § 67-8-404.

Commissioner of revenue, confidentiality of transfer tax records, § 67-8-109.

Communications between psychiatrist and patient, confidentiality, § 24-1-207.

Communications during crisis intervention, § 24-1-204.

Community health management information systems, § 63-6-228.

Complaints of judicial disability, confidentiality, § 17-5-303.

Compliance review documents, confidentiality in department of financial institutions, § 45-1-126.

Confidential communications between husband and wife, § 24-1-201.

Confidential data or records of students enrolled in TICUA institutions, § 49-7-216.

Confidential documents and communications of victim-offender mediation center, § 16-20-103.

Confidential information in competitive bidding, § 7-54-107.

Confidential matters excluded from prohibition on infringing on a governmental entity member's freedom of speech, § 4-29-123.

“Confidential public record” defined, § 10-7-301.

Confidential records of city whose primary industry is tourism, § 6-54-204.

Confidential registry of persons and categories of persons who are ineligible to place a wager in this state, §  4-51-312.

Confidential reporting of illegal, improper, wasteful, or fraudulent activity in higher education, § 49-14-103.

Confidential reporting of illegal, improper, wasteful or fraudulent activity under State of Tennessee Audit Committee Act of 2005, § 4-35-107.

Confidential reporting of suspected illegal, improper, wasteful or fraudulent activity, § 9-3-406.

Confidentiality by medication aides, § 63-7-127.

Confidentiality, disclosure of information, in controlled substance monitoring, § 53-10-306.

Confidentiality in reporting incidents of abuse, neglect and misappropriation in a health care facility, § 68-11-211.

Confidentiality of abortion records and reports, § 39-15-203.

Confidentiality of accident investigation, § 55-10-108.

Confidentiality of accident reports, § 55-10-114.

Confidentiality of accountant employment information, § 62-1-116.

Confidentiality of accountant peer review, § 62-1-201.

Confidentiality of activities of peer review committees of pharmacists, § 63-10-401.

Confidentiality of activities of screening panels regarding health practitioners, § 63-1-138.

Confidentiality of activities of screening panels regarding suspension, revocation, or denial of a certificate of a health practitioner, § 63-4-115.

Confidentiality of activities of screening panels regarding suspension, revocation, or denial of a certificate of a nurse, § 63-7-115.

Confidentiality of actuarial opinion,  § 56-1-420.

Confidentiality of address of child and non-perpetrating parent in case of child abuse in mediation proceeding, § 36-6-107.

Confidentiality of adoption or federal records, § 10-7-503.

Confidentiality of affidavit concerning judicial disability, § 17-5-307.

Confidentiality of AIDS testing, § 68-11-222.

Confidentiality of annual summary of notifications by comptroller, § 8-4-407.

Confidentiality of application and materials submitted with application for position of chief executive officer of public institution of higher education — Records of finalists, § 49-7-154.

Confidentiality of application to investigate or prosecute judge, § 8-6-112.

Confidentiality of audit and investigatory information of ethics commission, § 3-6-308.

Confidentiality of audit of candidate or candidate’s committee, § 2-10-212.

Confidentiality of information in reports of sales of of beer, tobacco products, or

other types of tangible personal property, § 67-6-410.

Confidentiality of information provided to LEA threat assessment team, § 49-6-2702.

Confidentially of audit report of licensed fantasy sports operator, § 47-18-1604.

Confidentiality of audit reports, § 8-4-116.

Confidentiality of  the college savings trust fund program board of trustees records, §§ 49-7-804, 49-7-825.

Confidentiality of background checks of appointees, § 38-6-106.

Confidentiality of bank and financial institution information, §§ 45-2-1603, 45-2-1713, 45-7-216.

Confidentiality of cancer reporting system information, §§ 68-1-1006, 68-1-1007.

Confidentiality of chemical and physical properties of coal, § 59-8-406.

Confidentiality of claims data on inpatient and outpatient discharges, § 68-1-108.

Confidentiality of coal mine inspections, § 59-8-413.

Confidentiality of collection services information, § 62-20-119.

Confidentiality of communications between client and registered nurse, § 63-7-125.

Confidentiality of communications between psychological professional and client, § 63-11-213.

Confidentiality of communications pertaining to domestic abuse death, § 36-3-624.

Confidentiality of community-based program notices, § 40-36-302.

Confidentiality of complaint investigations regarding office-based surgeries, § 63-6-221.

Confidentiality of complaint investigations regarding office-based surgeries by osteopathic physicians, § 63-9-117.

Confidentiality of complaint regarding judicial disability, § 17-5-303.

Confidentiality of conference between victim and prosecuting attorney, § 40-38-114.

Confidentiality of consent to abortion, § 39-15-202.

Confidentiality of contractors' financial statements, § 62-6-124.

Confidentiality of contracts for professional contract of unarmed combat, § 68-115-214.

Confidentiality of court files and records in proceedings involving juveniles, § 37-1-153.

Confidentiality of court of the judiciary proceedings, Tenn. R. Ct. of Judiciary 8.

Confidentiality of court reports related to surrender, § 36-1-111.

Confidentiality of criminal history records information gathered as a condition of employment with the department of financial institutions, § 45-1-117.

Confidentiality of data aiding enforcement of quality care standards for nursing homes, § 68-11-909.

Confidentiality of department of human services, § 71-1-131.

Confidentiality of disclosure information by mortgagee, §§ 47-23-101, 47-23-102.

Confidentiality of disclosure of lists of petroleum products and alternative fuels licensees, § 67-3-911.

Confidentiality of drug testing information, § 41-1-121.

Confidentiality of drug testing program for TANF applicants, § 71-3-1204.

Confidentiality of education records, 49-10-601.

Confidentiality of electronic surveillance, § 40-6-304.

Confidentiality of examination, audit, or investigation conducted with regard to reserve or special fund, § 29-20-401.

Confidentiality of financial information, § 45-2-1717.

Confidentiality of fingerprinting and photographs in proceedings involving juveniles, § 37-1-155.

Confidentiality of grand jury proceedings and documents, §§ 40-12-209, 40-12-210.

Confidentiality of health insurance issuer and group health plan claims information contained in all payer claims database, § 56-2-125.

Confidentiality of HIV testing of pregnant women, § 68-5-703.

Confidentiality of identifying information in birth defects registry, § 68-5-506.

Confidentiality of identifying information received by the Council of Juvenile and Family Court Judges, § 37-1-506.

Confidentiality of identifying information relating to recipients of child abuse prevention services, § 71-6-203.

Confidentiality of identity of infant, mother, or other parent in case of infant surrender, § 68-11-255.

Confidentiality of individual student records under scholarship and grant programs, § 49-4-903.

Confidentiality of information about persons to whom services are provided by poison control, § 68-141-105.

Confidentiality of information collected and reported to the federal bureau of investigation-NICS Index and the department of safety by circuit and criminal courts, § 16-10-213.

Confidentiality of information collected and reported to the federal bureau of investigation-NICS Index and the department of safety by chancery courts, § 16-11-206.

Confidentiality of information collected and reported to the federal bureau of investigation-NICS Index and the department of safety by county and probate courts, § 16-16-120.

Confidentiality of information collected by judicial evaluation commission, § 17-4-201.

Confidentiality of information concerning employee’s medical diagnosis, treatment or referral with regard to cafeteria plan services, § 8-25-502.

Confidentiality of information contained in advance notice registry, § 36-1-304.

Confidentiality of information entered by candidate or campaign committee into electronic filing system, § 2-10-211.

Confidentiality of information entrusted to pharmacist, § 63-10-212.

Confidentiality of information gathered during an investigation into abuse, neglect, or sexual abuse, § 37-5-512.

Confidentiality of information gathered during investigations by child protective teams, § 37-1-607.

Confidentiality of information gathered in investigation of prospective kinship foster care parent, § 37-2-414.

Confidentiality of information in cases of suspected arson, §  68-102-115.

Confidentiality of information in expunged criminal offender and pretrial diversion database, § 38-6-118.

Confidentiality of information in real estate transaction, § 62-13-403.

Confidentiality of information in trauma registry, § 68-11-259.

Confidentiality of information on application for absentee ballot by armed forces personnel, § 2-6-502.

Confidentiality of information or records, Interstate compact for supervision of adult offenders, § 40-28-401.

Confidentiality of information provided for determining nexus to state for sales and use tax purposes, § 67-6-515.

Confidentiality of information provided to pharmacy peer review committee, § 63-10-405.

Confidentiality of information regarding applicants for athletic competitions, § 68-115-207.

Confidentiality of information regarding deceased inmates infected by bloodborne pathogens, § 41-51-103.

Confidentiality of information regarding drug or alcohol treatment of dentist or dental assistant, § 63-5-124.

Confidentiality of information regarding hazardous waste management, § 68-212-109.

Confidentiality of information regarding impaired health practitioners, § 63-1-136.

Confidentiality of information related to a minor’s abortion, § 37-10-304.

Confidentiality of information related to physical or mental health of patient, § 56-7-124.

Confidentiality of information related to student drug overdoses, § 68-24-301.

Confidentiality of information relating to candidates for position of museum director, § 4-12-113.

Confidentiality of information, reports, and proceedings in cases of abuse or neglect, § 71-6-118.

Confidentiality of information submitted by improvement care trust fund, § 46-1-218.

Confidentiality of information supplied in applying for licensure as a soil scientist, § 62-18-213.

Confidentiality of information under Tennessee Professional Employer Organization Act, § 62-43-104.

Confidentiality of inmate records, § 4-6-140.

Confidentiality of investigation into violation of election laws, § 2-11-202.

Confidentiality of investigative records of TennCare bureau, § 71-5-2516.

Confidentiality of juvenile court predisposition report, Tenn. R. Juv. P. 33.

Confidentiality of laboratory report on serological test, § 68-5-604.

Confidentiality of legislative computer system information, § 3-10-108.

Confidentiality of library records, title 10, ch. 8.

Confidentiality of litter reports, § 54-1-403.

Confidentiality of marital and family therapist communications with client, § 63-22-114.

Confidentiality of marketing strategies and strategic plans, § 68-11-238.

Confidentiality of matters before TennCare advisory commission, § 71-5-143.

Confidentiality of mediation participants, § 16-20-103.

Confidentiality of mediation proceedings between parties to divorce, § 36-4-130.

Confidentiality of medical misconduct information, § 63-1-117.

Confidentiality of medical record information with regard to national nosocomial infection surveillance/national healthcare safety network, § 68-11-263.

Confidentiality of medical records compiled by retirement system, § 8-36-510.

Confidentiality of medical records maintained by the Tennessee claims commission, § 9-8-311.

Confidentiality of medical records maintained by the department of treasury’s division of claims and risk management, § 9-8-408.

Confidentiality of medical records provided to the bureau of workers' compensation in the course of its activities and the review of settlements, § 50-6-131.

Confidentiality of medical records submitted in regard to deferred compensation plan services, § 8-25-109.

Confidentiality of medical records submitted in regard to profit sharing and/or salary production plan services, § 8-25-307.

Confidentiality of medical records submitted to, or compiled by, the retirement system, § 8-36-510.

Confidentiality of meetings of TennCare foundation, § 71-5-107.

Confidentiality of memorandum of actuarial opinion of reserves, § 56-1-903.

Confidentiality of mental health records, §§ 33-3-103, 33-3-104, 33-3-111, 33-3-112, 33-3-113, 33-3-114.

Confidentiality of mentally ill patient records, § 33-3-104.

Confidentiality of military discharge record, § 8-13-118.

Confidentiality of mining permit application, § 59-8-411.

Confidentiality of motor vehicle records and personal information retained by department of safety and department of revenue, § 55-25-107.

Confidentiality of name and other personally identifiable information of each correction officer in annual corrections officer retention report, § 41-1-127.

Confidentiality of name of owner or operator of trade or business on license or application, § 67-4-722.

Confidentiality of nonpublic executive sessions, § 9-3-405.

Confidentiality of nursing home complainant’s identity, § 68-11-904.

Confidentiality of personal information used in annual report on foster care, § 37-2-411.

Confidentiality of pharmaceutical information contained in records of  TennCare bureau or state of Tennessee, § 71-5-197.

Confidentiality of plans and reports related to Tennessee Hazardous Waste Reduction Act of 1990, § 68-212-311.

Confidentiality of polygraph examiner information, § 62-27-124.

Confidentiality of presentence investigation reports, § 40-35-205.

Confidentiality of procurement documents and contracts filed with the lottery procurement panel, § 4-51-126.

Confidentiality of proprietary information contained in a permit application or in other documents received by the local government, § 65-17-108.

Confidentiality of proprietary information of emergency communications board, § 7-86-317.

Confidentiality of proprietary information provided to Tennessee department of commerce and insurance or TennCare bureau, § 71-5-142.

Confidentiality of proprietary information related to environmental protection, § 68-202-217.

Confidentiality of public records, § 9-8-311.

Confidentiality of public records, § 9-8-408.

Confidentiality of public records, § 56-13-404.

Confidentiality of public records, § 56-12-211.

Confidentiality of rail fixed guideway public transportation system safety plan, § 13-10-204.

Confidentiality of records and information relating to known or suspected cases of STDs, § 68-10-113.

Confidentiality of records and proceedings of accountant review committees § 62-1-202.

Confidentiality of records and proceedings of peer review committees, § 63-11-220.

Confidentiality of records and proceedings of veterinarian peer review committees, § 63-12-138.

Confidentiality of records containing the amount of funds reserved for each claim for the risk management fund, § 9-8-307.

Confidentiality of records identifying child or family receiving services of the department of children’s services, §§ 37-5-105, 37-5-107.

Confidentiality of records in investigating reports of abuse or neglect, § 71-6-103.

Confidentiality of records of department of human services concerning the provision of Title IV-D spousal or child support services, § 71-1-131.

Confidentiality of records of division of geology and former Tennessee state park and forestry commission, § 11-1-102.

Confidentiality of records of gifts to higher institutions, § 49-7-140.

Confidentiality of records of medical or research practitioner, § 53-11-408.

Confidentiality of records of post mortem examinations and examinations of medical examiner, § 38-7-110.

Confidentiality of records of proceedings of department of commerce and insurance regarding geologist applicants, § 62-36-115.

Confidentiality of records of reports of child sexual abuse, § 37-1-612.

Confidentiality of records of shelters or centers, § 36-3-623.

Confidentiality of records of Tennessee technology development corporation, § 4-14-308.

Confidentiality of records of veterinary medical examiners board, § 63-12-110.

Confidentiality of records, proceedings, and communications of lawyer assistance programs, § 23-4-105.

Confidentiality of records, state board of education, § 49-1-302.

Confidentiality of records under the Fair Disclosure of State Funded Payments for Pharmacists' Services Act. § 56-7-3112.

Confidentiality of registration and records of drug and alcohol treatment facilities, § 33-10-408.

Confidentiality of registration information in centralized record system, § 40-39-206.

Confidentiality of registration of public obligations, owner's identity, § 9-19-109.

Confidentiality of reporter's news source, § 24-1-208.

Confidentiality of reports and plans of foster care review board, § 37-2-408.

Confidentiality of  reports by title pledge lenders, § 45-15-109.

Confidentiality of reports of cruelty, abuse, or neglect, § 38-1-402.

Confidentiality of reports of harm and identity of reporter in case of mandatory child abuse reports, § 37-1-409.

Confidentiality of reports of qualified public depositories, § 9-4-518.

Confidentiality of reports of violence within correctional facilities, § 41-21-408.

Confidentiality of reports where adoption proceedings are dismissed, § 36-1-118.

Confidentiality of required workplace drug or alcohol tests, § 50-9-106.

Confidentiality of research records and materials, § 49-7-120.

Confidentiality of results of any inmate's test for infectious diseases, § 41-51-103.

Confidentiality of savings and loan association information, §§ 45-3-807, 45-3-814, 45-3-1308.

Confidentiality of savings and loan association records, § 45-3-807.

Confidentiality of school building-level emergency response safety plans, § 49-6-808.

Confidentiality of social security number on voter registration form, §  2-2-142.

Confidentiality of sources of body parts for transplantation, § 68-30-111.

Confidentiality of state and local child fatality review team records, § 68-142-108.

Confidentiality of statements filed with the National Association of Insurance Commissioners, § 56-8-107.

Confidentiality of student health report cards, § 49-6-1401.

Confidentiality of student identification numbers for tracking students, § 49-6-5105.

Confidentiality of supreme court disciplinary enforcement proceedings, Tenn. R. Sup. Ct. 9, § 25.

Confidentiality of surrender information, § 36-1-116.

Confidentiality of tax returns and tax information, title 67, ch. 1, part 17.

Confidentiality of tax returns, tax information and tax administration information, § 67-1-1702.

Confidentiality of testimony, document and  in investigation,  § 56-6-120.

Confidentiality of testing of emergency workers exposed to airborne or bloodborne diseases, § 68-10-117.

Confidentiality of testing of law enforcement personnel, emergency personnel and employees of bureau of investigation exposed to hepatitis B or HIV virus, § 68-10-116.

Confidentiality of the identity and addresses of policyholders and certificate holders, § 56-6-404.

Confidentiality of trade secret information in compilation of water quantity data, § 69-7-305.

Confidentiality of victim impact statements, § 40-28-504.

Confidentiality of vital records, § 68-3-205.

Confidentiality of vocational rehabilitation records, § 49-11-613.

Confidentiality of witnesses at safety and health inspections, § 50-3-302.

Confidentiality of work injury records, § 50-3-702.

Confidentiality of writings, records or tangible objects obtained by attorney general, § 8-6-407.

Confidentiality of written agreement in the case of theft by minor, § 39-14-144.

Confidentiality of written examinations of commercial driver training schools, § 55-19-112.

Confidentiality on amount of charges for services to uninsured patients, § 68-11-262.

Confidentiality under Child Rape Protection Act of 2006, § 39-15-210.

Confidentiality under HIPAA, § 68-142-205.

Confidentiality under Medical Emergency Services Act of 1983, § 68-140-314.

Confidentiality under the Standard Valuation Law, § 56-1-917.

Confidentiality under the Tennessee Professional Employer Organization Act, § 62-43-104.

Confidentiality where child adjudicated delinquent, § 37-1-131.

Consumer protection enforcement, confidentiality of information, § 47-18-106.

Contents of corporate governance disclosure, § 56-2-907.

Coordinator of elections, investigatory reports, confidentiality, § 2-11-202.

Criminal penalties under Check Cashing Act, § 45-18-119.

Deaf person's interpreter privilege, § 24-1-211.

Deferred compensation plans, government employees, confidentiality of records, § 8-25-109.

Denial of and procedures for obtaining access to public records, § 10-7-505.

Dental peer review committee proceedings, confidentiality, § 63-5-131.

Department of commerce and insurance summary of refusal of licensure as a reinsurance intermediary broker, § 56-6-803.

Department of economic and community development, confidentiality of proprietary information, §§ 4-3-712, 4-3-730.

Department of financial institutions, confidentiality of information, § 45-2-1603.

Department of human services, written reports, § 4-3-1205.

Dependent or neglected child, § 37-1-129.

Destruction or release of records, § 40-32-101.

Discharge or dismissal of charge by court-ordered probation, § 40-35-313.

Disclosure and use of confidential information to treasurer, see 66-29-178.

Disclosure of confidential information regarding local regulation of pesticides, § 43-8-114.

Disclosure of confidential information without consent, § 33-3-105.

Disclosure of information regarding shareholders in bank charter, § 45-2-303.

Disclosure of information relevant to enforcement of Tobacco Manufacturer's Escrow Fund Act, § 67-4-1028.

Disclosure of list of suppliers electing to remove petroleum products from out-of-state terminals, § 67-3-503.

Disclosure of nonpublic personal information, § 56-8-104.

Disclosure of patient information relating to outpatient treatment, § 33-6-601.

Disclosure of privileged or confidential information during probation of license of facility, § 68-11-207.

Disclosure to advocacy agency, disclosure to organization, § 33-3-106.

Disclosure to law enforcement agencies in cases of felony acts of bodily harm or sexual abuse, § 33-3-110.

Dissemination of social security numbers, § 4-4-125.

Divorce, confidentiality of communications during mediation proceedings, § 36-4-130.

Documents and evidence provided or obtained in investigations of fraudulent viatical settlement acts, § 56-50-114.

Documents disclosed to insurance commissioner pertaining to financial condition of insurer or health maintenance organization under Insurance Holding Company System Act of 1986, § 56-11-108.

Documents pertaining to criminal history background check of prospective employees of Tennessee Corrections Institute, § 41-7-109.

Documents relating to indigents' counsel, § 40-14-202.

Documents requested by community oversight board, § 38-8-312.

Documents submitted concerning review of proposed public benefit hospital conveyance transactions, § 48-68-210.

Domestic insurers, delinquency proceedings against, § 56-9-202.

Domestic violence shelters and rape crisis centers, confidentiality of records, § 36-3-623.

Drug-free workplace programs, confidentiality of records, § 50-9-109.

Drug testing subject to department of transportation procedures, § 50-9-107.

Duty of clerks of court with regard to confidential information, § 18-1-105.

Duty of department of energy to maintain confidentiality of proprietary information, § 4-3-712.

Duty of general sessions court clerk with regard to confidential records, § 16-15-303.

Duty of mental health provider or behavior analyst to predict, warn or take precautions to provide protection, § 33-3-206.

Duty of service provider responsible for transmitting or recording communications to communicate threat, § 33-3-208.

Electronic mail communications systems, confidentiality and monitoring, § 10-7-512

Employer workers' compensation insurance policies, § 50-6-421.

Employment security law enforcement, confidentiality, § 50-7-701.

Exception to discovery under Uniform Administrative Procedures Act, § 4-5-311.

Exception to open meetings provisions under State of Tennessee Audit Committee Act of 2005, § 4-35-108.

Exception to open records policy of department of economic and community development, § 4-3-730.

Exception to public inspection and copying of agency rules, final orders, and decisions, § 4-5-218.

Exceptions to openness provisions of Tennessee Education Lottery Implementation Law, § 4-51-124.

Excuse from jury service, confidentiality of documents submitted to show undue or extreme physical or financial hardship, § 22-1-103.

Exempt commercial risk policyholders, § 56-5-122.

Exemption for action by state agency required to be maintained as confidential, § 4-33-106.

Expungement of person's public records involving offenses related to status as victim of human trafficking,  § 40-32-105.

Expunging records, § 40-32-101.

FastTrack grants and loans, § 4-3-717.

Fiduciary duty of members of LLC with regard to confidential information, § 48-240-102.

Filings relating to insurance companies’ scoring models and processes, § 56-5-205.

Financial information of counties applying for apportionment of sales and use tax revenue to commercial development districts in rural, economically distressed counties, § 67-6-104.

Financial practices, audits of licensees, and post-employment restrictions, §  4-51-310.

Fines and forfeitures, § 39-17-420.

Fiscal review committee’s information for health coverage bills, § 3-2-111.

Food stamp or food assistance recipients, confidentiality, § 71-5-304.

Foster care, confidentiality of records given to foster parents, § 37-2-415.

Foster care, confidentiality of records obtained for human service's annual report, § 37-2-411.

Foster care proceedings, confidentiality of records, § 37-2-408.

Foster care, review board records, § 37-2-408.

Hazardous waste management, confidentiality of information, § 68-212-109.

Health care liability claims data, use of, § 56-54-102.

Health care liability settlement excesses, confidentiality of insurance company reports, § 56-3-111.

Health Care Service Utilization Review Act, confidentiality, § 56-6-702.

Health care service utilization review agents, § 56-6-705.

Health insurance entities, confidentiality of individual medical information, § 68-1-108.

Health maintenance organization, amounts paid to, fee schedules, salaries, etc., § 56-32-130.

High volume prescribers of controlled substances, § 68-1-128.

HIV testing, confidentiality of test results, § 39-13-521.

HIV testing of inmates, § 41-21-107.

Home address confidentiality program, §§ 40-38-601—40-38-613.

Hospital records as evidence, title 68, ch. 11, part 4.

Hospital records not public records, § 68-11-304.

Identity of individual who reports or participates in department of children's services safety reporting system, § 37-5-106(a)(22).

Identity of insured or insured's financial or medical information for purposes of viatical settlements, §§ 56-50-106, 56-50-107.

Identity of person who reports abuse, exploitation, fraud, neglect, or mistreatment to various departments, § 33-3-108.

Identifying information concerning a victim of child sexual abuse, § 29-34-103.

Illegal use of lists of persons applying for or receiving aid to the permanently and totally disabled, § 71-1-1114.

Implement the federal Drivers' Privacy Protection Act of 1994, § 55-25-102.

Improper use of names of recipients of medical assistance, § 71-2-308.

Individual returns and tax information where release of information would identify a confidential informant or seriously impair a civil or criminal tax investigation, § 67-1-1704.

Individual taxpayer's confidential financial information under Tennessee Taxpayer's Bill of Rights, § 67-1-110.

Infectious diseases, medical laboratory reports, confidentiality, § 68-29-107.

Information as to identification and tracking of students with active duty military or reserve parents or guardians, § 49-6-5101.

Information from an investigation conducted by the department of health concerning the authority of any provider of any emergency medical services, § 68-140-314.

Information furnished by the department of commerce and insurance to national association of insurance commissioners concerning regulatory information system ratios and listings of companies not included in the ratios, § 56-12-211.

Information held by HMO pertaining to diagnosis, treatment or health of enrollee, § 56-32-125.

Information identifying persons covered by third parties for medical services, § 71-5-117.

Information in the Tennessee ethics commission electronic filing system, § 3-6-115.

Information, materials, documents compiled by the department of commerce and insurance during examination of a county mutual insurance company, § 56-22-115.

Information obtained by claimant agency from Tennessee Education Lottery Corporation regarding debts, § 4-51-205.

Information obtained by the department of commerce and insurance concerning investigations of any health maintenance organization or person providing services under TennCare, § 56-32-135.

Information obtained by the department of commerce and insurance for the purposes of terminating the appointment, employment or contract or other insurance business relationship with a producer, § 56-6-117.

Information obtained by the department of revenue from the insurance verification program, § 55-12-209.

Information obtained during commissioner's examinations of charitable organization assets, liabilities and affairs, § 56-52-107.

Information obtained from the taxation of unauthorized substances, § 67-4-2808.

Information on human rights commission in conciliation agreements, § 4-21-303.

Information pertaining to the diagnosis, treatment or health of any enrollee of a prepaid limited health service organization or any state investigation of such organization by law enforcement, regulatory, licensing or other governmental agency for purposes of prosecuting or preventing insurance fraud, § 56-51-150.

Information provided by TNInvestcos as part of annual review, § 4-28-111.

Information provided to the department of economic and community development by qualified TNInvestcos as to documentary support for all proceeds and distributions related to liquidity events, § 4-28-108.

Information provided to the department of finance and administration by TNInvestcos to support the state's profit share percentage, § 4-28-109.

Information received by dairy industry by the Southern Dairy Compact commission, § 43-35-106.

Information related to school security, § 49-6-804.

Information submitted to or generated by authorities detecting, prosecuting or preventing insurance fraud, § 56-52-109.

Information submitted to or generated by law enforcement or insurance department for the purposes of detecting or prosecuting insurance fraud, § 56-53-109.

Information that might reveal the identities of the patient of an ambulatory surgical treatment center, § 68-1-119.

Inmate exposure to disease, confidentiality of records, § 41-51-102.

Inmates in private prison facilities, confidentiality of records, § 41-24-117.

Inspection of persons or entities providing child care, § 71-3-508.

Inspection of records of persons or entities providing childcare, § 49-1-1106.

Institutions of higher education, consent forms relative to confidential education records, § 47-7-1103.

Insurance department files and court records and papers in proceedings and judicial reviews of insurance companies, § 56-9-202.

Insurance examinations, confidentiality of records, § 56-1-411.

Insurance holding companies, confidentiality, §§ 56-11-103, 56-11-104, 56-11-108.

Insurer's material transactions and reports to commission, § 56-10-301.

Insurers' material transactions, reports, § 56-10-301.

Intercollegiate atheltics program records,  § 49-7-170.

Interstate Insurance Product Commission, confidentiality of work papers related to audits, and individuals' and insurers' proprietary information, § 56-58-102.

Investigative and disciplinary processes involving medical practitioners, § 63-6-214.

Investigative files relevant to criminal actions, confidentiality, Tenn. R. Crim. P. 16.

Investigative record of officer-involved shooting death, public record, § 38-8-311.

Investigative records relating to potential criminal prosecutions of persons for violation of the tax laws, § 67-1-1705.

Jury book, § 22-2-302.

Juvenile court record confidentiality, §§ 37-1-153, 37-1-506.

Juvenile law enforcement record confidentiality, § 37-1-154.

Landlord not authorized to obtain confidential or protected medical records or confidential or protected medical information concerning a tenant or prospective tenant’s disability,  §§ 66-7-111, 66-28-406.

Legal services office, confidentiality of records, § 3-12-105.

Legislative computer system, confidentiality of information, § 3-10-108.

Legislative legal services communications with general assembly members, § 3-12-106.

Library records, § 10-8-102.

Library records, confidentiality, title 10, chapters 1, 3-5 and 8.

Licensure for professional contests of unarmed combat, § 68-115-206.

Limitation on confidentiality on reports of alleged falsification, waste, or mismanagement of public education funds, § 49-50-1408.

Limited partners right to information, § 61-2-304.

Local government instances of fraud, confidentiality of reports, § 8-4-505.

Lottery intelligence sharing with government, § 4-51-125.

Maintenance of confidential information securely by treasurer, see 66-29-181.

Manner of executing sentence of death, § 40-23-116.

Master social workers, privileged communications, § 63-23-109.

Medical and financial records of nursing home patients and their right to keep their such records confidential, § 68-11-910.

Medical information in viatical settlement contracts, § 56-50-110.

Medical malpractice claims data, confidentiality, § 56-54-107.

Meetings of audit committees, § 4-35-108.

Meetings of information systems council where some subject matter confidential, § 4-3-5509.

Meetings — Records — Business Plans — Governmental Immunity, § 11-25-109.

Money order issuers, confidentiality of reports of investigations and examinations, § 45-7-216.

Money order issues, reports, § 45-7-216.

Multi-level response system — Independent local advisory board, § 37-5-607.

Names of persons determined to have abused, neglected, or misappropriated the property of vulnerable individuals, § 68-11-1001.

Notice of release of certain felons from correctional facilities, § 41-21-242.

Notice reporting reprimands to speakers of the senate and house of representative — Notice a public record, § 17-5-208.

Notification of shipments of highly radioactive material, § 65-15-114.

Notification to victims of inmate's release, § 41-21-240.

Notifying victim of rights, § 40-38-111.

Occupational health and safety violations and enforcement, confidentiality, §§ 50-3-304, 50-3-504, 50-3-914.

Office of program evaluation, confidentiality of work papers, § 3-14-109.

On site technical assistance provided to hazardous waste generators, § 68-212-205.

On-line voter registration system, unique identifier , § 2-2-112.

Open records regarding construction services provider registration and workers' compensation exemption registration, § 50-6-915.

Operator and interpreter's privilege, § 24-1-210.

ORSA summary reports and other ORSA-related documents filed by insurers and health maintenance organizations with insurance commissioner, §§ 56-11-201, 56-11-208.

Parole, § 40-28-505.

Parolee records, confidentiality, § 40-28-119.

Patient confidentiality, § 68-11-1503.

Patient identity information collected and analyzed for the birth defects registry for the department of health, § 68-5-506.

Patient's Privacy Protection Act, title 68, ch. 11, part 15.

Patient specific information relating to interstate sharing of cancer reporting, § 68-1-1010.

Payroll records, confidentiality, § 12-4-414.

Penalties for Class A and B misdemeanors, § 40-35-111.

Personal information of victims of domestic abuse, § 37-1-151.

Physical therapist records, confidentiality, § 63-13-317.

Penalty for divulging property tax information furnished to local authorities, § 67-5-401.

Personal property taxation, confidentiality of information filed with state and local officials, § 67-5-402.

Physical Therapy Licensure Compact; meetings of the commission; data system, § 63-13-402.

Pilot program for patients to receive assisted outpatient treatment, § 33-6-624.

Pre-1951 original birth certificates in adoption cases in custody of department of health, § 68-3-313.

Preservation of records, § 67-5-1326.

Preservation of the secrecy of trade secrets that otherwise would be filed or submitted to the court, § 47-25-1706.

Prevention of court personnel from revealing secrets of jury commissioner proceedings, § 22-2-102.

Priority of pregnant women referred for drug abuse or dependence treatment, § 33-10-104.

Privacy or confidentiality of any information or material provided to a multi-state automated licensing system, § 45-7-229.

Privacy or confidentiality of shared information, §§ 45-5-209, 45-15-123, 45-18-124, 56-37-118.

Privileged and confidential information in business and industrial development corporations, § 45-8-221.

Professions of the healing arts, confidentiality, § 63-22-114.

Profit sharing or salary reduction plans, confidentiality of medical records, § 8-25-307.

Prohibited disclosure of confidential and proprietary information in connection with hospital cooperative agreements, § 68-11-1310.

Promotion of more effective regulation and reduction of regulatory burden through supervisory information sharing, § 45-17-122.

Proportionate representation of minority and nonminority  groups on appointed boards, § 10-7-607.

Protection of records related to alternative investments, § 49-7-165.

Protection orders, title 36, ch. 3, part 6.

Protective orders, confidentiality of records, § 36-3-604.

Psychologists, peer review committees, confidentiality, § 63-11-220.

Public obligations, confidentiality of identity of owner, § 9-19-109.

Public Records Commission, title 10, ch. 7, part 3.

Public records having commercial value, § 10-7-506.

Public records of child care broker services, § 71-3-513.

Public service commission regulation of railways, confidentiality, § 65-3-109.

RBC reports, § 56-46-208.

Real estate insurance, confidentiality of information, § 47-23-101.

Records, correspondence, reports, and proceedings relating to supervision of insurers in the possession of the commissioner of commerce and insurance, § 56-9-504.

Records of convictions of traffic and other violations, § 10-7-507.

Records of delinquency proceedings, § 56-9-202.

Records of inmates, § 4-6-140.

Records of proceedings involving healthcare professionals, freedom of information, confidentiality of disciplinary proceedings, § 63-1-117.

Records or data reported or obtained pursuant to a subpoena issued in investigations of offenses of sexual exploitation of a minor, § 40-17-125.

Records or papers in secretary of state's office relating to executive department and requiring secrecy, § 8-3-104.

Records relating to inmates in private facilities, § 41-24-117.

Records required to be kept by emergency services licensees and permittees, § 68-140-319.

Redaction of social security  on voter registration records, § 2-2-127.

Redaction of social security numbers from military records, § 58-4-103.

Regulation of confidential information regarding pesticide sale or use, § 62-21-129.

Regulatory rating assigned to a bank by the department of financial institutions, § 45-2-614.

Release of confidential information from database regarding controlled substance monitoring, § 53-10-308.

Release of information to family members and other designated persons, § 33-3-109.

Release of medical records to patient or representative, § 63-2-101.

Release of personal consumer information, § 47-18-2107.

Report from joint commission on accreditation of hospitals deemed confidential record, § 68-11-210.

Report to comptroller of treasury of government fraud, § 8-4-119.

Reporting case statistics — Automated court information system, § 16-1-117.

Reporting of brutality, abuse, neglect or child sexual abuse — Notification to parents of abuse on school grounds or under school supervision, § 37-1-403.

Reporting of suspected child abuse or child sexual abuse, § 49-6-1601.

Reporting requirements for public charter schools, § 49-13-120.

Reporting to local law enforcement by a qualified mental health professional or behavior analyst of an actual threat of serious bodily harm or death against an identifiable victim, § 33-3-210.

Reporting to local law enforcement by inpatient treatment facility of involuntary commitment of service recipient, § 33-3-117.

Reports of abuse or neglect, § 71-6-103.

Reports of known or suspected child sexual abuse — Investigations, § 37-1-605.

Reports of patients with traumatic brain injury, § 68-55-204.

Request for redaction of social security number from official records, § 58-4-103.

Requests by governor or supreme court chief justice for investigative records for background checks of appointees, § 38-6-106.

Research and development at University of Tennessee, title 49, chapter 9, part 14.

Results of criminal history records check for lottery CEO, § 4-51-109.

Results of criminal history records check for lottery director, § 4-51-103.

Results of criminal records check/TBI investigation for lottery employees, § 4-51-110.

Results of HIV testing, § 39-13-112.

Returns and tax information filed electronically with the department of revenue, § 67-1-703.

Returns and tax information filed with or in the possession of the commissioner of revenue, § 67-2-108.

Review and record of notifications, investigations and reports by comptroller, § 8-4-406.

Right of patients of a nursing home to keep their personal records confidential, §§ 68-11-804, § 68-11-901.

Rights of crime victims, notification, § 40-38-103.

Risk-based capital reports, confidentiality, § 56-46-109.

Rules relating to disclosure of confidential information, § 33-3-107.

Safeguards and procedures for ensuring that confidential information protected on laptop computers and other removable storage devices, § 47-18-2901.

Sealing of records related to adoption, § 36-1-126.

Securities act violations, confidentiality, § 48-1-118.

Sexually transmitted diseases, confidentiality of information, § 68-10-113.

Sharing of non-confidential data regarding medical license renewal, § 63-6-210.

State, county, and municipal records generally open for inspection, § 10-7-503.

State employment, background checks, § 8-50-112.

Statutory rape, reports, § 38-1-304.

Storage of confidential patient records, § 63-8-125.

Stored value cards, § 39-14-113.

Student achievement tests and answers, confidentiality, §§ 49-1-302, 49-6-6001.

Student data maintained by department of education, § 49-1-1203.

Student records, exclusion of child's offenses, § 49-6-3051.

Submission of list of adopted policies by agencies, § 4-5-230.

Submission of information, § 67-4-2604.

Supervisor, mineral test holes, confidentiality of information, §§ 60-1-504, 60-1-505.

Taxpayer statements, reports, returns, audits, etc., confidentiality, § 67-4-722.

Teen court proceedings records, § 37-1-705.

Telephone company records, § 24-7-116.

Tennessee Education Lottery Implementation Law, confidential information, § 4-51-124.

Tennessee ethics commission proceedings related to preliminary investigation, § 3-6-202.

Tennessee Professional Employer Organization Act, title 62, ch. 43.

Tennessee Serious and Violent Sex Offender Monitoring Pilot Project Act, title 40, ch. 39, part 3.

Testing of students for drugs, § 49-6-4213.

The identity of any person who provides evidence or other information that results in an eviction in premises knowingly used in violation of criminal statutes prohibiting drug use and prostitution, § 66-7-107.

Third party access to information pursuant to provider's health care services and contractual discounts, § 56-60-105.

Transfer of documents from criminal cases to not-for-profit depositories, § 10-7-510.

Transition plan where treatment program believes child leaving treatment poses threat of serious harm, § 49-6-3114.

Transmission of sports information for purposes of sports wagering, §  4-51-330.

Treasurer’s confidentiality agreements, see 66-29-179.

Unfair competition, confidentiality of records and testimony, § 56-8-107.

Uniform Motor Vehicle Records Disclosure Act, title 55, ch. 25.

Unlawful use of lists of old-age assistance recipients, § 71-2-214.

Unlawful use of lists of persons applying for or receiving aid to the blind, § 71-1-115.

Unsealing subpoenaed educational records, § 49-50-1505.

Victim's communications with magistrate concerning GPS monitoring and restrictions on defendant's movements not confidential, § 40-11-152.

Victim's right to notification of proceedings, § 40-38-110.

Vital records, confidentiality, § 68-3-205.

Voter's proof of citizenship, confidentiality of documentation and records relevant to establishing, § 2-2-141.

Waste reduction progress report not a public record, §§ 68-212-306, 68-212-311.

Water quality, oil and gas control enforcement, confidentiality, § 69-3-113.

Welfare recipient lists, confidentiality, § 71-1-118.

Workers' compensation, insurance company financial statements, confidentiality, § 50-6-405.

Working papers of internal audit staff not open records, § 4-3-304.

Workplace chemical lists or safety data sheets received by persons from fire chief, § 50-3-2001.

Rule Reference. This section is referred to in Rule 34 of the Rules of the Supreme Court of Tennessee.

Textbooks. Tennessee Jurisprudence, 14 Tenn. Juris., Hospitals, § 2.

Tennessee Law of Evidence (2nd ed., Cohen, Paine and Sheppeard), § 501.10.

Law Reviews.

Bid Protests in Tennessee (Steven W. Feldman), 34 No. 5 Tenn. B.J. 27 (1998).

The Tennessee Public Records Act and Statutory Exceptions “Otherwise Provided by State Law” (Craig E. Willis), 43 Tenn B.J. 20 (2007).

Updating Tennessee's Public Records Law (Douglas Pierce), 24 No. 5 Tenn. B.J. 24 (1988).

Closing the Crime Victims Coverage Gap: Protecting Victims’ Private Records from Public Disclosure Following Tennessean v. Metro, 11 Tenn. J. L. & Pol'y 129 (2016).

Your Right to Look Like an Ugly Criminal: Resolving the Circuit Split over Mug Shots and the Freedom of Information Act, 66 Vand. L. Rev. 1573 (2013).

Attorney General Opinions. Release of unpublished information under subsection (e) permitted, OAG 98-094, 1998 Tenn. AG LEXIS 94 (4/28/98).

Confidentiality of 911 tapes used in pending criminal investigation, OAG 99-022, 1999 Tenn. AG LEXIS 29 (2/9/99).

Confidentiality of university student disciplinary records, OAG 99-106, 1999 Tenn. AG LEXIS 106 (5/10/99).

Confidentiality of public employee's drug-free workplace program records in personnel records, OAG 99-126, 1999 Tenn. AG LEXIS 127 (6/29/99).

The Tennessee Public Records Act requires public disclosure of the names, addresses, and ages of area non-public school students that are in the hands of a public school system pursuant to T.C.A. § 49-6-3007, and the federal Family Educational Rights and Privacy Act would not deny federal funds to schools using this data to advertise their magnet schools to students in area private, parochial, and denominational schools, OAG 01-101, 2001 Tenn. AG LEXIS 92 (6/22/01).

Neither the Public Records Act, T.C.A. §§ 10-7-503 and 10-7-504, nor T.C.A. § 4-4-125 governs the other; instead the latter statute creates an exception to the former statutes, OAG 02-016, 2002 Tenn. AG LEXIS 17 (2/6/02).

The 2003 amendment of this section by ch. 105 does not make student records public and open for inspection; the amendment does grant a higher education institution discretionary authority to disclose some otherwise confidential student information and establishes the conditions of disclosure, OAG 03-139, 2003 Tenn. AG LEXIS 158 (10/27/03).

The 2003 amendment of this section by ch. 105 governs all of the specified student records, regardless of the date when the records were created, OAG 03-139, 2003 Tenn. AG LEXIS 158 (10/27/03).

In instances of conflict between the federal Family Educational Rights and Privacy Act and the Tennessee Public Records Act, the federal law controls, OAG 03-139, 2003 Tenn. AG LEXIS 158 (10/27/03).

Applicability of the Public Records Act to records of a county economic development agency, OAG 07-170, 2007 Tenn. AG LEXIS 170 (12/21/07).

Confidentiality of hotel/motel and gross receipts tax information.  OAG 12-20, 2012 Tenn. AG LEXIS 20 (2/22/12).

Release of Health Insurance Information for Members of the Tennessee General Assembly. OAG 15-48, 2015 Tenn. AG LEXIS 51 (6/5/15).

Availability of student directory information.  OAG 15-55, 2015 Tenn. AG LEXIS 55 (7/2/15).

A city council with subpoena power under its charter does not have the authority to issue a subpoena for investigative records of the Tennessee Bureau of Investigation.  OAG 15-65, 2015 Tenn. AG LEXIS 65  (8/25/15).

In general, a district attorney turning over information to defense counsel pursuant to a mandate from the court will not be liable for the disclosure of confidential or privileged information. OAG 18-01, 2018 Tenn. AG LEXIS 1 (1/4/2018).

10-7-505. Denial of access — Procedures for obtaining access — Court orders — Injunctions — Appeals — Liability for nondisclosure.

1. Any citizen of Tennessee who shall request the right of personal inspection of any state, county or municipal record as provided in § 10-7-503, and whose request has been in whole or in part denied by the official and/or designee of the official or through any act or regulation of any official or designee of any official, shall be entitled to petition for access to any such record and to obtain judicial review of the actions taken to deny the access.
2. Such petition shall be filed in the chancery court or circuit court for the county in which the county or municipal records sought are situated, or in any other court of that county having equity jurisdiction. In the case of records in the custody and control of any state department, agency or instrumentality, such petition shall be filed in the chancery court or circuit court of Davidson County; or in the chancery court or circuit court for the county in which the state records are situated if different from Davidson County, or in any other court of that county having equity jurisdiction; or in the chancery court or circuit court in the county of the petitioner's residence, or in any other court of that county having equity jurisdiction. Upon filing of the petition, the court shall, upon request of the petitioning party, issue an order requiring the defendant or respondent party or parties to immediately appear and show cause, if they have any, why the petition should not be granted. A formal written response to the petition shall not be required, and the generally applicable periods of filing such response shall not apply in the interest of expeditious hearings. The court may direct that the records being sought be submitted under seal for review by the court and no other party. The decision of the court on the petition shall constitute a final judgment on the merits.
3. The burden of proof for justification of nondisclosure of records sought shall be upon the official and/or designee of the official of those records and the justification for the nondisclosure must be shown by a preponderance of the evidence.
4. The court, in ruling upon the petition of any party proceeding hereunder, shall render written findings of fact and conclusions of law and shall be empowered to exercise full injunctive remedies and relief to secure the purposes and intentions of this section, and this section shall be broadly construed so as to give the fullest possible public access to public records.
5. Upon a judgment in favor of the petitioner, the court shall order that the records be made available to the petitioner unless:
   1. There is a timely filing of a notice of appeal; and
   2. The court certifies that there exists a substantial legal issue with respect to the disclosure of the documents which ought to be resolved by the appellate courts.
6. Any public official required to produce records pursuant to this part shall not be found criminally or civilly liable for the release of such records, nor shall a public official required to release records in such public official's custody or under such public official's control be found responsible for any damages caused, directly or indirectly, by the release of such information.
7. If the court finds that the governmental entity, or agent thereof, refusing to disclose a record, knew that such record was public and willfully refused to disclose it, such court may, in its discretion, assess all reasonable costs involved in obtaining the record, including reasonable attorneys' fees, against the nondisclosing governmental entity. In determining whether the action was willful, the court may consider any guidance provided to the records custodian by the office of open records counsel as created in title 8, chapter 4.

Acts 1957, ch. 285, § 3; 1975, ch. 127, § 2; 1977, ch. 152, § 4; T.C.A., § 15-306; Acts 1984, ch. 929, §§ 2, 4; 1985, ch. 342, § 1; 1988, ch. 888, § 1; 2008, ch. 1179, §§ 2-4.

Cross-References. Penalty for misdemeanor, §§ 39-11-114, 40-35-111.

Law Reviews.

The Tennessee Public Records Act and Statutory Exceptions “Otherwise Provided by State Law” (Craig E. Willis), 43 Tenn B.J. 20 (2007).

Updating Tennessee's Public Records Law (Douglas Pierce), 24 No. 5 Tenn. B.J. 24 (1988).

Fourth Amendment Searches in First Amendment Spaces: Balancing Free Association with Law and Order in the Age of the Surveillance State, 50 U. Mem. L. Rev. 231 (Fall 2019).

Attorney General Opinions. Identification and notice requirement for access to public information under § 2-10-111; OAG 98-040, 1998 Tenn. AG LEXIS 40 (2/9/98).

Health care provider's license and license application are public records, OAG 99-061, 1999 Tenn. AG LEXIS 38 (3/10/99).

Denial of non-resident's request for copies of public traffic citations, OAG 99-067, 1999 Tenn. AG LEXIS 67 (3/18/99).

Crime victim's notice and opportunity to object to release of personal information, OAG 99-069, 1999 Tenn. AG LEXIS 69 (3/22/99).

To the extent a social media account created and maintained by a municipality is made “pursuant to law or ordinance or in connection with the transaction of official business,” that account and any comments posted on the account constitute public records subject to inspection under the Tennessee Public Records Act. The Act does not address whether comments posted on a municipal social media account are subject to removal or censorship. It only provides a statutory right of inspection of public records to Tennessee citizens.  Furthermore, to the extent a municipality has any “public records” with respect to the appointment and identity of an administrator of a municipal social media account, those records are subject to inspection under the Tennessee Public Records Act. OAG 16-47, 2016 Tenn. AG LEXIS 46 (12/22/2016).

A records custodian of municipal public records is required to respond to a public records request.  If a records custodian denies a request for public records or otherwise fails to timely respond to the request in accordance with the statutory procedures, the Tennessee citizen making the request may bring an action pursuant to T.C.A. § 10-7-505 in chancery or circuit court for the county in which the records are situated for judicial review of the denial of access to the requested records. A member of the public may also consult with the Office of Open Records Counsel, who has the authority to answer questions, to issue informal advisory opinions, and to informally mediate and assist with the resolution of issues concerning the open records laws. OAG 16-47, 2016 Tenn. AG LEXIS 46 (12/22/2016).

10-7-506. Right to inspect public records — Public records having commercial value.

1. In all cases where any person has the right to inspect any such public records, such person shall have the right to take extracts or make copies thereof, and to make photographs or photostats of the same while such records are in the possession, custody and control of the lawful custodian thereof or such custodian's authorized deputy; provided, that the lawful custodian of such records shall have the right to adopt and enforce reasonable rules governing the making of such extracts, copies, photographs or photostats.
2. Within ten (10) days of the release of public records originating in the office of the county assessor of property, the state agency releasing such records shall notify, in writing, the assessor of property of the county in which such records originated of the records released and the name and address of the person or firm receiving the records. The reporting requirements of this subsection (b) shall not apply when county or city summary assessment information is released.
3. 1. If a request is made for a copy of a public record that has commercial value, and such request requires the reproduction of all or a portion of a computer generated map or other similar geographic data that was developed with public funds, a state department or agency or a political subdivision of the state having primary responsibility for the data or system may establish and impose reasonable fees for the reproduction of such record, in addition to any fees or charges that may lawfully be imposed pursuant to this section. The additional fees authorized by this subsection (c) may not be assessed against individuals who request copies of records for themselves or when the record requested does not have commercial value. State departments and agencies and political subdivisions of the state may charge a reasonable fee (cost of reproduction only) for information requested by the news media for news gathering purposes (broadcast or publication).
   2. The additional fees authorized by this subsection (c) shall relate to the actual development costs of such maps or geographic data and may include:
      1. Labor costs;
      2. Costs incurred in design, development, testing, implementation and training; and
      3. Costs necessary to ensure that the map or data is accurate, complete and current, including the cost of adding to, updating, modifying and deleting information.
   3. The development cost recovery set forth above shall be limited to not more than ten percent (10%) of the total development costs unless additional development cost recovery between ten percent (10%) and twenty percent (20%) is approved by the following procedures: For state departments and agencies, the information systems council (ISC) shall review a proposed business plan explaining the need for the additional development cost recovery. If the ISC approves additional development cost recovery, such recovery shall be submitted to the general assembly for approval. For political subdivisions of the state, approval for additional development cost recovery as contained in a proposed business plan must be obtained from the governing legislative body. If the governing legislative body approves additional development cost recovery, such recovery shall be submitted to the ISC for approval. The development costs of any system being recovered with fees authorized by this section shall be subject to audit by the comptroller of the treasury, it being the legislative intent that once such additional fees have paid the portion of the development costs authorized above, such fees shall be adjusted to generate only the amount necessary to maintain the data and ensure that it is accurate, complete and current for the life of the particular system. Notwithstanding the limitations above, the recovery of maintenance costs shall not be subject to the limitations and procedures provided above for the recovery of development costs.
   4. As used in this subsection (c), “record that has commercial value” means a record requested for any purpose other than:
      1. A non-business use by an individual; and
      2. A news gathering use by the news media.

Acts 1957, ch. 285, § 4; T.C.A., § 15-307; Acts 1986, ch. 546, § 1; 1991, ch. 433, § 1; 1992, ch. 682, § 1; 1997, ch. 97, § 1; 2000, ch. 868, §§ 1-5.

Cross-References. Public records having commercial value, § 7-52-135.

Records or papers in office of secretary of state, § 8-3-104.

Law Reviews.

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

Attorney General Opinions. Computerized voter registration lists — Public Records Act, OAG 92-63, 1992 Tenn. AG LEXIS 61 (10/8/92).

Confidentiality of 911 tapes used in pending criminal investigation, OAG 99-022, 1999 Tenn. AG LEXIS 29 (2/9/99).

Denial of non-resident's request for copies of public traffic citations, OAG 99-067, 1999 Tenn. AG LEXIS 67 (3/18/99).

A local government may generally recoup its costs for supplying requested copies, OAG 01-021, 2001 Tenn. AG LEXIS 21 (2/8/01).

Local law enforcement agencies lack authority to charge a fee to the Tennessee department of children's services for the processing of criminal background checks, OAG 01-139, 2001 Tenn. AG LEXIS 146 (9/4/01).

City governments may not arbitrarily set a fee for copying or duplicating routine public records; the custodian of public records may charge a copying fee only under reasonable rules, OAG 02-065, 2002 Tenn. AG LEXIS 69 (5/17/02).

A custodian of public records is authorized to charge the actual costs it incurs in disclosing a public record in the exact format requested by a member of the public, OAG 02-065, 2002 Tenn. AG LEXIS 69 (5/17/02).

City governments are subject to the requirement that the custodian of records may charge only as much as reasonably approximates the actual costs of copying a public record, OAG 02-065, 2002 Tenn. AG LEXIS 69 (5/17/02).

Duties and responsibilities of a records custodian under the Public Records Act, OAG 06-069, 2006 Tenn. AG LEXIS 78 (4/12/06).

10-7-507. Records of convictions of traffic and other violations — Availability.

Any public official having charge or custody of or control over any public records of convictions of traffic violations or any other state, county or municipal public offenses shall make available to any citizen, upon request, during regular office hours, a copy or copies of any such record requested by such citizen, upon the payment of a reasonable charge or fee therefor. Such official is authorized to fix a charge or fee per copy that would reasonably defray the cost of producing and delivering such copy or copies.

Acts 1974, ch. 581, § 1; T.C.A., § 15-308.

Law Reviews.

Protecting Privacy From Government Invasion: Legislation at the Federal and State Levels, 8 Mem. St. U.L. Rev. 783.

Attorney General Opinions. Publication of criminal case dispositions on the internet, OAG 00-014,  2000 Tenn. AG LEXIS 14 (1/26/00).

Local law enforcement agencies lack authority to charge a fee to the Tennessee department of children's services for the processing of criminal background checks, OAG 01-139, 2001 Tenn. AG LEXIS 146 (9/4/01).

10-7-508. Access to records — Records of archival value — Retention or disposal of records.

1. The secretary of state or the secretary of state’s designated representative, the state librarian and archivist, and the comptroller of the treasury or the comptroller's designated representative for purposes of audit, shall be accorded access to and may examine and receive any public records or writings, whether or not they are subject to public inspection. They shall maintain inviolate any privileged or confidential information so acquired and any record or writing so defined by law.
2. The state librarian and archivist or an archivist designated by the state librarian and archivist and the secretary of state or a records analyst designated by the secretary of state shall be accorded access to and may examine any confidential public records for the purpose of determining, in consultation with the agency head or a representative of the agency which has title to the records, whether such records are records of archival value or whether such records are properly filed or designated as confidential. If the state librarian and archivist or such representative, the secretary of state or such representative and the agency head or such representative should determine that certain administrative or otherwise open public records have been inappropriately filed and designated as confidential public records, then such records shall be removed from the designation of confidential and filed within the appropriate level of access designation. Such access to appraise the archival value of such confidential records shall be provided for in the scheduling of retention periods through appropriate records disposition authorizations which are reviewed and approved by the public records commission.
3. Records determined to be of archival value shall be retained as provided in rules and regulations for records management of records of archival value of the public records commission, and those confidential records determined not to be of archival value shall be disposed of by authorized means and in accordance with approved records disposition authorizations.

Acts 1978, ch. 544, § 2; T.C.A., § 15-309; Acts 1984, ch. 947, § 3; 2013, ch. 207, §§ 8, 9.

Cross-References. Confidential public record defined, § 10-7-301.

Confidentiality of public records, § 10-7-504.

Records of archival value defined, § 10-7-301.

10-7-509. Disposition of records.

1. The disposition of all state records shall occur only through the process of an approved records disposition authorization.
2. Records authorized for destruction shall be disposed of according to the records disposition authorization and shall not be given to any unauthorized person, transferred to another agency, political subdivision, or private or semiprivate institution.

Acts 1978, ch. 544, § 2; T.C.A., § 15-310.

Attorney General Opinions. A district attorney general may reformat case files from paper format to electronic format only pursuant to an approved records disposition authorization and may destroy the original paper versions of case files only pursuant to an approved records disposition authorization. OAG 15-80, 2015 Tenn. AG LEXIS 81 (12/17/2015).

10-7-510. Transfer of documents from criminal cases to not-for-profit depositories.

1. The district attorney general of a judicial district, after giving written notice of the proposed transfer prior to such transfer to the presiding officer of the legislative body in which such record, document or evidence is located, may permanently transfer custody and ownership of all original records, documents and physical evidence in the district attorney general's possession that was collected, compiled and maintained in a particular criminal case or investigation to a university or other institution of higher education, museum, library or other not-for-profit corporation organized for the primary purpose of preserving and displaying items of historical significance, if:
   1. The university, museum, library or not-for-profit corporation has formally requested transfer of the records, documents and evidence in a particular case or investigation;
   2. The documents, records and evidence requested are, in the opinion of such district attorney general, of historical significance and their display would enhance public understanding, education or appreciation of a particular time or event in history;
   3. The documents, records and evidence requested have by operation of law become public records; and
   4. The district attorney general or clerk duplicates or photographs all documents and records transferred in a manner approved by the public records commission.
2. If such original records, documents or physical evidence are in the sole custody of the criminal court clerk of any judicial district, such clerk may permanently transfer custody and ownership of such records, documents or physical evidence with the approval of the district attorney general of the appropriate judicial district, after giving written notice of the proposed transfer prior to such transfer to the presiding officer of the legislative body for the jurisdiction in which such record, document or evidence is located.
3. If it is determined that such documents, records and evidence are to be transferred, the district attorney general shall make the final decision as to the date, time and method by which such transfer is effectuated.
4. Upon the transfer of such documents, records and evidence as provided by this section, any party desiring to view such material shall do so at the site where the material has been transferred.
5. As used in this section, “historical significance” means that the event giving rise to the documents, records or evidence being transferred occurred twenty (20) years or more prior to April 18, 1994.
6. This section does not apply to records or documents which are made confidential by any provision of law.

Acts 1994, ch. 826, § 1.

10-7-511. Preservation of records of permanent value.

Responsibility for providing trained staff and appropriate equipment necessary to produce and store microfilm reproductions of official, permanent value bound volume records created by the various county and municipal governments of the state is hereby vested in the state library and archives. To implement this security microfilming program, the state librarian and archivist is authorized to develop a priority listing of essential records based on retention schedules developed by the county technical assistance service and the municipal technical advisory service. This priority listing of essential records may be revised from time to time to accommodate critical needs in individual counties or municipalities or to reflect changes in retention schedules. The camera negative of the microfilmed records shall be stored in the security vault at the state library and archives and duplicate rolls of these microfilmed records shall be made available to county and municipal governments on a cost basis.

Acts 1971, ch. 242, § 1; 1977, ch. 486, § 2; T.C.A., 15-513; Acts 1991, ch. 369, § 5; 1994, ch. 884, § 8; Acts 1999, ch. 167, §§ 5, 6.

Compiler's Notes. This section was transferred to this location from former § 10-7-413(c) pursuant to Acts 1999, ch. 167, § 6, effective May 17, 1999.

10-7-512. Electronic mail communications systems — Monitoring of electronic mail communications — Policy required.

1. On or before July 1, 2000, the state or any agency, institution, or political subdivision thereof that operates or maintains an electronic mail communications system shall adopt a written policy on any monitoring of electronic mail communications and the circumstances under which it will be conducted.
2. The policy shall include a statement that correspondence of the employee in the form of electronic mail may be a public record under the public records law and may be subject to public inspection under this part.

Acts 1999, ch. 304, § 2.

Compiler's Notes. Acts 1999, ch. 304, § 1 provided: “The general assembly hereby finds and declares that the use of electronic mail by agencies, officials, and employees of state government creates unique circumstances. Electronic mail shares some features with telephonic communication, which generally is not stored in any form and is generally regarded as private. However, electronic mail differs in that it creates an electronic record that may be used or retrieved in electronic or paper format. The use of electronic mail is becoming more common and more important in facilitating the ability of government officials to gather information and communicate with their staff, other officials and agencies, and the public. However, individual officials are not equipped to act as official custodians of such communications and to determine whether or not the communications might be public records. For these reasons, the general assembly requests that a study of the use of electronic mail be conducted to balance the privacy interests and practical limitations of public officials and employees with the public policy interests in access to government information. Such study shall be conducted by the computer subcommittee of the joint management committee of the Tennessee general assembly.”

Cross-References. Confidentiality of public records, § 10-7-504.

Harassment via electronic means, § 39-17-308.

10-7-513. Request for removal of military discharge or redaction of social security number from military discharge.

1. This section applies to a military veteran's department of defense form DD-214 or other military discharge record that is recorded with or that otherwise comes into the possession of a governmental body.
2. The record is confidential for the seventy-five (75) years following the date it is recorded with or otherwise first comes into the possession of a governmental body. During such period, the governmental body may permit inspection or copying of the record or disclose information contained in the record only in accordance with this section or in accordance with a court order.
3. On request and presentation of proper identification, the following persons may inspect the military discharge record or obtain from the governmental body a copy or certified copy of such record:
   1. The veteran who is the subject of the record;
   2. The legal guardian of the veteran;
   3. The spouse or a child or parent of the veteran or, if there is no living spouse, child, or parent, the nearest living relative of the veteran;
   4. The personal representative of the estate of the veteran;
   5. The person named by the veteran, or by a person described by subdivision (c)(2), (c)(3), or (c)(4), in an appropriate power of attorney;
   6. Another governmental body; or
   7. An authorized representative of the funeral home that assists with the burial of the veteran.
4. A court that orders the release of information under this section shall limit the further disclosure of the information and the purposes for which the information may be used.
5. A governmental body that obtains information from the record shall limit the governmental body's use and disclosure of the information to the purpose for which the information was obtained.
6. 1. Any person described in subdivisions (c)(1)-(5) may request that a county register of deeds remove from the official records held in such register's office, excepting records preserved on microfilm, any of the following record forms: DD-214, DD-215, WD AGO 55, WD AGO 53-55, NAVMC 78-PD, NAVPERS 553, or any other military discharge, or alternatively may request that the veteran's social security identification number be redacted from any such military discharge record if such records are stored in a manner that permits redaction.
   2. The request for removal of a military discharge record or redaction of a social security number from a military discharge record in the office of the county register of deeds pursuant to subdivision (f)(1) shall be made on a paper writing in a form substantially as follows:

      REQUEST FOR REMOVAL OF MILITARY DISCHARGE OR REDACTION OF SOCIAL SECURITY NUMBER FROM A MILITARY DISCHARGE

      1.  Full Name of Veteran:

      2.  Name of Person Making Request:

      3.  If not the Veteran making the request, identify the legal relationship that entitles the Person Making Request to make the request: (check one)

      4.  Check (a) or (b):

      5.  Type of Military Discharge Record:

      6.  Book and Page Number or other reference identifying where the military discharge record is recorded in the  County Register's office:

      Book No.  Page No.  ; or

      No.

      7.  Signature of Person Making Request:

      State of Tennessee

      County of

      Personally appeared before me __________, (person duly authorized to take acknowledgments in county), the within named  , with whom I am personally acquainted (or proven to me on the basis of satisfactory evidence) and who acknowledges that such person executed the within instrument for the purpose of making a request of the Register of Deeds of  County, Tennessee, to remove a military discharge record or redact a social security identification number from a military discharge record, excepting microfilm records.

      Witness my hand this  day of  , 20  .

      (signature of person taking acknowledgement)

      [Space for Seal of Office]

   3. The completed request form as provided in subdivision (f)(2) is eligible for recording in the office of the county register of deeds where submitted. The register has no duty to inquire beyond the acknowledged request to verify the identity or authority of the person requesting the removal. Upon recording the written request, the county register shall act in accordance with the request to either remove the military discharge record identified in the request from the records of the office, except microfilm records, or redact the social security identification number from a military discharge record recorded in the office of the county register if practicable. If redaction is requested and is not practicable, the county register shall not record the request and shall, verbally or by writing, explain to the person making the request why redaction is not practicable and state that the person may instead request the removal of the military discharge record from the records of the county register.

Spouse, child, or parent (or nearest living relative if there is no living spouse, child, or parent) of the veteran

Attorney-in-fact

Personal Representative of Veteran's Estate

Legal Guardian

Request removal of military discharge record

Request redaction of social security number on military discharge record (if practicable)

Acts 2003, ch. 292, § 1; 2010, ch. 797, § 1; 2016, ch. 694, § 1.

Cross-References. Request for redaction of social security number from official records, § 58-4-103.

10-7-514. Subscription service required to view military discharge record over internet.

A county register shall not cause a military discharge record recorded in the office of the county register to be viewed over the internet except through a subscription service approved by the county register.

Acts 2003, ch. 292, § 1.

10-7-515. Personally identifying information on documents — Redaction.

1. The preparer of any document recorded in the office of the county register of deeds shall not place personally identifying information on any document filed or recorded in the office of the county register of deeds, other than a power of attorney. However, the county register shall not refuse to record a document for failure of the preparer to comply with the prohibition contained in this section regarding use of personally identifying information; nor shall the failure to comply with such prohibition affect the validity or recordability of any document.
2. Any person or the surviving spouse, attorney-in-fact, or court appointed guardian of the person, may request that a county register of deeds redact the person's personally identifying information from any recorded document, if the records are stored in a manner that permits redaction.
3. The request for redaction of personally identifying information pursuant to subsection (b) shall be made on a paper writing, in a form substantially as follows:

   REQUEST FOR REDACTION OF PERSONALLY IDENTIFYING INFORMATION FROM ELECTRONIC DATABASES

   1.  Full name of individual whose personally identifying information will be redacted as it appears on the document:

   2.  Name of person making the request if different than above:

   3.  If not the individual whose personally identifying information will be redacted, identify the legal relationship that entitles you to make the request: (check one)

   a.  Surviving spouse

   b.  Attorney-in-fact

   c.  Court appointed guardian

   4.  Type of record:

   5.  Book and page number or other reference identifying where the document is recorded in the  County Register's office:

   Book No.  Page No.  or Instrument No.

   6.  Signature of person making the request:

   State of Tennessee

   County of

   Personally appeared before me,  (person duly authorized to take acknowledgments in [ ] county), the within named  , with whom I am personally acquainted (or proven to me on the basis of satisfactory evidence) and who acknowledges that such person executed the within instrument for the purpose of making a request of the Register of Deeds of  County, Tennessee, to redact personally identifying information from the aforementioned record, excepting microfilm records.

   Witness my hand this  day of  , 20 .

   (signature of person taking acknowledgement)

   [Space for Seal of Office]

4. The completed request form provided in subsection (c) may be recorded in the office of the county register of deeds where submitted. The register has no duty to inquire beyond the acknowledged request to verify the identity or authority of the person requesting the redaction.
5. Upon recording the written request, the county register shall act in accordance with the request to redact the personally identifying information from electronic databases in the office of the county register where practicable. If redaction is not practicable, the county register shall not record the request form and shall verbally or by writing explain why redaction is impracticable to the person making the request.
6. A county register of deeds may redact any  personally identifying information that is found on a recorded document maintained on a computer or removable computer storage media, including CD-ROM disk, if the records are stored in a manner that permits redaction.
7. Notwithstanding any other law to the contrary, compliance with this section shall satisfy all of the obligations of a county register of deeds under § 10-7-504(a)(29) relative to the nondisclosure of personally identifying information.
8. As used in this section, “personally identifying information” has the same meaning as defined in § 10-7-504(a)(29).

Acts 2003, ch. 292, § 1; 2006, ch. 555, § 1; 2009, ch. 260, § 1; 2011, ch. 256, §§ 1, 2; 2015, ch. 45, §§ 1, 2; 2016, ch. 694, § 2; 2016, ch. 914, §§ 1-3.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2016, ch. 914,  which amended this section, referenced “§ 10-7-504(a)(28)” but the reference was changed to “§ 10-7-504(a)(29)” because Acts 2016, ch. 686 had already added subdivision (a)(28) to § 10-7-504.

10-7-516. Information relating to security systems.

Notwithstanding any other law to the contrary, any information relating to security systems for any property including, but not limited to, all records pertaining to licensure or registration by owners of such systems, information, photos, presentations, schematics, surveys, or any other information related to such security systems held or kept by any governmental entity, shall be treated as confidential and shall not be open for public inspection by members of the public.

Acts 2011, ch. 168, § 1.

10-7-517. Referral of certain legislation creating exception to open records requirement to government operations committee.

1. Any legislation of the house of representatives that creates an exception to the open records requirement of § 10-7-503 deeming records of public entities to be open for inspection by the public must be referred to the government operations committee according to the rules of the house of representatives.
2. After review under subsection (a), the government operations committee of the house of representatives shall give the legislation a positive, neutral, or negative recommendation.
3. The government operations committee of the house of representatives, unless it is designated as the appropriate standing committee, shall not delay or prevent consideration of the legislation by the house of representatives by withholding the committee's recommendation.

Acts 2019, ch. 221, § 1.

Part 6
Public Appointments