Oregon Public Records Law
ORS 192.502 Other exempt records. (Records are exempt conditioned by balancing tests defined in the specific exemption.)
The following public records are exempt from disclosure under ORS 192.410 to 192.505:
(1) Communications within a public body or between public bodies of
an advisory nature to the extent that they cover other than purely
factual materials and are preliminary to any final agency
determination of policy or action. This exemption shall not apply
unless the public body shows that in the particular instance the
public interest in encouraging frank communication between officials
and employees of public bodies clearly outweighs the public interest
in disclosure.
(2) Information of a personal nature such as but not limited to that
kept in a personal, medical or similar file, if the public disclosure
thereof would constitute an unreasonable invasion of privacy, unless
the public interest by clear and convincing evidence requires
disclosure in the particular instance. The party seeking disclosure
shall have the burden of showing that public disclosure would not
constitute an unreasonable invasion of privacy.
Oregonian v. Portland Sch. Dst. , ___OR.___ (1999)
(3) Information submitted to a public body in confidence and not
otherwise required by law to be submitted, where such information
should reasonably be considered confidential, the public body has
obliged itself in good faith not to disclose the information, and when
the public interest would suffer by the disclosure.
(4) Information or records of the Department of Corrections,
including the State Board of Parole and Post-Prison Supervision, to
the extent that disclosure thereof would interfere with the
rehabilitation of a person in custody of the department or
substantially prejudice or prevent the carrying out of the functions
of the department, if the public interest in confidentiality clearly
outweighs the public interest in disclosure.
(5) Records, reports and other information received or compiled by
the Director of the Department of Consumer and Business Services in
the administration of ORS chapters 723 and 725 not otherwise required
by law to be made public, to the extent that the interests of lending
institutions, their officers, employees and customers in preserving
the confidentiality of such information outweighs the public interest
in disclosure.
(6) Reports made to or filed with the court under ORS 137.077 or137.530.
(7) Any public records or information the disclosure of which is prohibited by federal law or regulations.
(8) Public records or information the disclosure of which is
prohibited or restricted or otherwise made confidential or privileged
under Oregon law.
(9) Public records or information described in this section,
furnished by the public body originally compiling, preparing or
receiving them to any other public officer or public body in
connection with performance of the duties of the recipient, if the
considerations originally giving rise to the confidential or exempt
nature of the public records or information remain applicable.
(10) Records of the Energy Facility Siting Council concerning the
review or approval of security programs pursuant to ORS 469.530.
(11) Employee and retiree address, telephone number and other
nonfinancial membership records and employee financial records
maintained by the Public Employes' Retirement System pursuant to ORS
chapter 238 and ORS 238.410.
(12) Records submitted by private persons or businesses to the State
Treasurer or the Oregon Investment Council relating to proposed
acquisition, exchange or liquidation of public investments under ORS
chapter 293 may be treated as exempt from disclosure when and only to
the extent that disclosure of such records reasonably may be expected
to substantially limit the ability of the Oregon Investment Council to
effectively compete or negotiate for, solicit or conclude such
transactions. Records which relate to concluded transactions are not
subject to this exemption.
(13) The monthly reports prepared and submitted under ORS 293.761
and 293.766 concerning the Public Employes' Retirement Fund and the
Industrial Accident Fund may be uniformly treated as exempt from
disclosure for a period of up to 90 days after the end of the calendar
quarter.
(14) Reports of unclaimed property filed by the holders of such property to the extent permitted by ORS 98.352.
(15) The following records, communications and information submitted
to the Oregon Economic Development Commission, the Economic
Development Department, the State Department of Agriculture, the
Oregon Resource and Technology Development Corporation, the Port of
Portland or other ports, as defined in ORS 777.005, by applicants for
loans or services described in ORS 285.120:
(a) Personal financial statements.
(b) Financial statements of applicants.
(c) Customer lists.
(d) Information of an applicant pertaining to litigation to which
the applicant is a party if the complaint has been filed, or if the
complaint has not been filed, if the applicant shows that such
litigation is reasonably likely to occur; this exemption does not
apply to litigation which has been concluded, and nothing in this
paragraph shall limit any right or opportunity granted by discovery or
deposition statutes to a party to litigation or potential litigation.
(e) Production, sales and cost data.
(f) Marketing strategy information that relates to applicant's plan
to address specific markets and applicant's strategy regarding
specific competitors.
(16) Records, reports or returns submitted by private concerns or
enterprises required by law to be submitted to or inspected by a
governmental body to allow it to determine the amount of any transient
lodging tax payable and the amounts of such tax payable or paid, to
the extent that such information is in a form which would permit
identification of the individual concern or enterprise. Nothing in
this subsection shall limit the use which can be made of such
information for regulatory purposes or its admissibility in any
enforcement proceedings. The public body shall notify the taxpayer of
the delinquency immediately by certified mail. However, in the event
that the payment or delivery of transient lodging taxes otherwise due
to a public body is delinquent by over 60 days, the public body shall
disclose, upon the request of any person, the following information:
(a) The identity of the individual concern or enterprise that is
delinquent over 60 days in the payment or delivery of the taxes.
(b) The period for which the taxes are delinquent.
(c) The actual, or estimated, amount of the delinquency.
(17) All information supplied by a person under ORS 151.430 to
151.491 for the purpose of requesting court-appointed counsel, and all
information supplied to the State Court Administrator from whatever
source for the purpose of verifying indigency of a person pursuant to
ORS 151.430 to 151.491.
(18) Workers' compensation claim records of the Department of
Consumer and Business Services, except in accordance with rules
adopted by the Director of the Department of Consumer and Business
Services, in any of the following circumstances:
(a) When necessary for insurers, self-insured employers and third
party claim administrators to process workers' compensation claims.
(b) When necessary for the director, other governmental agencies of
this state or the United States to carry out their duties, functions
or powers.
(c) When the disclosure is made in such a manner that the disclosed
information cannot be used to identify any worker who is the subject
of a claim.
(d) When a worker or the worker's representative requests review of
the worker's claim record.
(19) Sensitive business records or financial or commercial
information of the Oregon Health Sciences University that is not
customarily provided to business competitors.
(20) Records of the Oregon Health Sciences University regarding
candidates for the position of university president.
(21) The records of a library, including circulation records,
showing use of specific library material by a named person or
consisting of the name of a library patron together with the address
or telephone number, or both, of the patron. |
