53-9-107. Public inspection and disclosure of office's records.
53-9-107. Public inspection and disclosure of office's records. (1) Except as provided in subsections (2) and (3), the records the office maintains in its possession in the administration of this part are open to public inspection and disclosure.
(2) Confidential criminal justice information obtained by the office is subject to the confidentiality provisions of the Montana Criminal Justice Information Act of 1979, Title 44, chapter 5.
(3) In assuring that the right of individual privacy so essential to the well-being of a free society may not be infringed without the showing of a compelling state interest, the following public records of the office are exempt from disclosure:
(a) information of a personal nature, such as personal, medical, or similar information, if the public disclosure of the information 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 has the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy.
(b) any public records or information, the disclosure of which is prohibited by federal law or regulations.
(4) If any public record of the office contains material that is not exempt under subsection (3), as well as material that is exempt from disclosure, the office shall separate the exempt and nonexempt and make the nonexempt material available for examination.
History: En. 71-2619 by Sec. 19, Ch. 527, L. 1977; R.C.M. 1947, 71-2619; amd. Sec. 3, Ch. 496, L. 1987; amd. Sec. 45, Ch. 286, L. 1997; amd. Sec. 7, Ch. 124, L. 2001.