§ 108A-80. Confidentiality of records.
§ 108A‑80. Confidentiality of records.
(a) Except as provided in (b) below, it shall be unlawful forany person to obtain, disclose or use, or to authorize, permit, or acquiesce inthe use of any list of names or other information concerning persons applyingfor or receiving public assistance or social services that may be directly orindirectly derived from the records, files or communications of the Departmentor the county boards of social services, or county departments of socialservices or acquired in the course of performing official duties except for thepurposes directly connected with the administration of the programs of publicassistance and social services in accordance with federal law, rules andregulations, and the rules of the Social Services Commission or the Department.
(b) The Department shall furnish a copy of the recipient checkregister monthly to each county auditor showing a complete list of allrecipients of Work First Family Assistance in Standard Program Counties andState‑County Special Assistance for Adults, their addresses, and theamounts of the monthly grants. An Electing County whose checks are not beingissued by the State shall furnish a copy of the recipient check registermonthly to its county auditor showing a complete list of all recipients of WorkFirst Family Assistance in the Electing County, their addresses, and theamounts of the monthly payments. These registers shall be public records opento public inspection during the regular office hours of the county auditor, butthe registers or the information contained therein may not be used for anycommercial or political purpose. Any violation of this section shall constitutea Class 1 misdemeanor.
(c) Any listing of recipients of benefits under any publicassistance or social services program compiled by or used for official purposesby a county board of social services or a county department of social servicesshall not be used as a mailing list for political purposes. This prohibitionshall apply to any list of recipients of benefits of any federal, State, countyor mixed public assistance or social services program. Further, thisprohibition shall apply to the use of such listing by any person, organization,corporation, or business, including but not limited to public officers oremployees of federal, State, county, or other local governments, as a mailinglist for political purposes. Any violation of this section shall be punishableas a Class 1 misdemeanor.
(d) The Social Services Commission may adopt rules governingaccess to case files for social services and public assistance programs, exceptthe Medical Assistance Program. The Secretary of the Department of Health andHuman Services shall have the authority to adopt rules governing access tomedical assistance case files. (1937, c. 288, ss. 18, 48; 1939, c. 395, s. 1; 1957, c. 100, s. 1;1969, c. 546, s. 1; cc. 735, 754; 1973, c. 476, s. 138; 1977, 2nd Sess., c.1219, s. 19; 1981, c. 275, s. 1; c. 419, s. 4; 1993, c. 539, ss. 819, 820;1994, Ex. Sess., c. 24, s. 14(c); 1997‑443, ss. 11A.118(a), 12.12.)