Statutory Exceptions to the Tennessee Public Records Act

Statutory Exceptions

to the

Tennessee Public Records Act

January 2018

J P. W

Comptroller

J E. M

Chief of Sta



January 30, 2018

The Honorable Randy McNally

425 Fifth Avenue North

Suite 700, Cordell Hull Building

Nashville, Tennessee 37243

The Honorable Beth Harwell

425 Fifth Avenue North

Suite 600, Cordell Hull Building

Nashville, Tennessee 37243

Lieutenant Governor McNally and Speaker Harwell:

On March 14, 2017, you requested the Comptroller of the Treasury, Office of Open Records Counsel, to

compile a list of exceptions to the Tennessee Public Records Act. In response, we submit the following

report on the statutory exceptions to the Tennessee Public Records Act.

The Tennessee Public Records Act helps ensure government accountability and transparency by

providing Tennessee citizens access to public records. However, statutes that make certain public records

confidential and exempt from disclosure are found throughout the Tennessee Code. The Office of the

Comptroller of the Treasury, Office of Open Records Counsel, compiled 538 statutory exceptions as of

November 2017.

We hope this report will assist your review of the statutory exceptions to the Tennessee Public Records

Act. A copy of this report will also be available on our office’s website so it may be utilized as a resource

for citizens and governmental entities faced with making determinations regarding exceptions to the

Tennessee Public Records Act.

Sincerely,

Justin P. Wilson Jason E. Mumpower

Comptroller Chief of Staff

January 30, 2018

The Honorable Randy McNally

425 Fifth Avenue North

Suite 700, Cordell Hull Building

Nashville, Tennessee 37243

The Honorable Beth Harwell

425 Fifth Avenue North

Suite 600, Cordell Hull Building

Nashville, Tennessee 37243

Lieutenant Governor McNally and Speaker Harwell:

On March 14, 2017, you requested the Comptroller of the Treasury, Ofce of Open Records Counsel, to

compile a list of exceptions to the Tennessee Public Records Act. In response, we submit the following

report on the statutory exceptions to the Tennessee Public Records Act.

The Tennessee Public Records Act helps ensure government accountability and transparency by

providing Tennessee citizens access to public records. However, statutes that make certain public

records condential and exempt from disclosure are found throughout the Tennessee Code. The Ofce

of the Comptroller of the Treasury, Ofce of Open Records Counsel, compiled 538 statutory exceptions

as of November 2017.

We hope this report will assist your review of the statutory exceptions to the Tennessee Public Records

Act. A copy of this report will also be available on our ofce’s website so it may be utilized as a

resource for citizens and governmental entities faced with making determinations regarding exceptions

to the Tennessee Public Records Act.

Sincerely,

Justin P. Wilson Jason E. Mumpower

Comptroller Chief of Staff

Page 1



January 30, 2018

The Honorable Randy McNally

425 Fifth Avenue North

Suite 700, Cordell Hull Building

Nashville, Tennessee 37243

The Honorable Beth Harwell

425 Fifth Avenue North

Suite 600, Cordell Hull Building

Nashville, Tennessee 37243

Lieutenant Governor McNally and Speaker Harwell:

On March 14, 2017, you requested the Comptroller of the Treasury, Office of Open Records Counsel, to

compile a list of exceptions to the Tennessee Public Records Act. In response, we submit the following

report on the statutory exceptions to the Tennessee Public Records Act.

The Tennessee Public Records Act helps ensure government accountability and transparency by

providing Tennessee citizens access to public records. However, statutes that make certain public records

confidential and exempt from disclosure are found throughout the Tennessee Code. The Office of the

Comptroller of the Treasury, Office of Open Records Counsel, compiled 538 statutory exceptions as of

November 2017.

We hope this report will assist your review of the statutory exceptions to the Tennessee Public Records

Act. A copy of this report will also be available on our office’s website so it may be utilized as a resource

for citizens and governmental entities faced with making determinations regarding exceptions to the

Tennessee Public Records Act.

Sincerely,

Justin P. Wilson Jason E. Mumpower

Comptroller Chief of Staff

Page 3

Nineteen exceptions became effective in 2017, and two will become effective later, one in 2018 and one in 2019.

Tenn. Code Ann. § 49-7-165, related to investment records of public higher education institutions, is scheduled to expire

on July 1, 2021, and Tenn. Code Ann. § 10-7-504(u), related to law enforcement body camera video, is scheduled to

expire on July 1, 2022.

Introduction

The following report provides a list of statutory exceptions which we found to the Tennessee

Public Records Act (“TPRA”), Tenn. Code Ann. § 10-7-501 et seq. The TPRA helps ensure

government accountability and transparency by granting Tennessee citizens the right to access

public records, subject to other provisions of state law that make the records condential or

otherwise not open for public inspection. Tenn. Code Ann. § 10-7-503(a)(2)(A). While the

TPRA requires records custodians to make public records available promptly for inspection,

it also imposes an afrmative obligation upon records custodians to determine whether state

law makes a record, or information contained in the record, condential.

When the TPRA was enacted in 1957, it provided for only two statutory exceptions. In

1988, the Legislative Committee on Open Records reported eighty-nine exceptions. As of

November 2017, the Ofce of Open Records Counsel identied 538 statutory exceptions .

Currently, only two exceptions are scheduled to sunset .

In addition to the statutory exceptions, it is important to note exceptions to the TPRA are

also found in Tennessee court rules, federal law, common law and other agency rules where

the legislature grants an agency authority to limit disclosure of public records. The content

of this report is limited solely to statutory exceptions promulgated by the Tennessee General

Assembly.

The Ofce of the Comptroller and the Ofce of Open Records Counsel greatly appreciate the

assistance and contributions provided by the various state departments and associations who

supported our research to nd exceptions related to their entities. An online version of this

report is available at https://www.comptroller.tn.gov/openrecords.

How To Use This Report

This report is organized in numerical order as the exceptions appear in the Tennessee Code

Annotated. Additionally, indices organized by subject matter and governmental entity are

included to assist in your review.

Statutory Exceptions

to the

Tennessee Public Records Act

Statutory Exceptions to the

Tennessee Public Records Act

Statutory Exceptions to the Tennessee Public Records Act — January 2018 Page 4

Exceptions to the Tennessee Public Records Act

2-2-112(c) Voter registration,

Identifying information

Tennessee Secretary of State, Division

of Elections; Tennessee Department of

Safety and Homeland Security

Any unique identier [used by the online voter registration system for each applicant],

including driver license and social security numbers, shall be condential and not subject to

the open records law, compiled in title 10, chapter 7.

2-2-127 Voter registration,

Identifying information

Tennessee Coordinator of Elections,

County Election Commissions

(a) [A] registrar shall make a reasonable effort to redact a person's social security number

from a record before such record is made available to any person other than the holder of

the number if such record is stored in a computer readable format on April 12, 1999. When

such records are rst stored in computer readable format or when changes are made to any

computer program that stores or accesses records, a registrar shall redact a person's social

security number from a record before such record is made available to any person other than

the holder of the number. The coordinator of elections shall also redact the social security

number before making any voter registration records available to the public.

(b) Nothing in subsection (a) shall be construed to prohibit an agency of a state, county, or

municipal ofce from using a person's social security number for internal purposes or to prohibit

a county election commission and its staff from using a person's social security number for

enforcement of the election law as provided in this title, and nothing in subsection (a) shall be

construed to limit the public's access to that record.

2-2-138 Voter lists County Election Commissions (b)(1) Such [voter] list, and any other voter registration information such as voter history, if

compiled, shall be available for purchase for a price not to exceed the cost of production.

This list shall be available to any person who certies on a form provided by the state

election commission that such list will be used for political purposes.

(2) The list, and any other voter registration information, shall be the property of the county

election commission and the state.

(d)(1) Any computerized county, as dened in § 2-1-104(a), shall make the list required by

this section available on computer diskette to any person who certies on a form provided by

the state election commission that such list will be used for political purposes.

(250,000) according to the 1980 census shall make voter registration lists available for purchase

by any interested citizen, upon request and payment of the cost, at a price not in excess of

the cost to prepare and publish such lists. The county election commission in counties with a

population over two hundred fty thousand (250,000) according to the 1980 census shall act

upon such request within seven (7) days of receipt of the request, and reasons for rejection or

modication of such request, if any, shall be set out in writing.

2-2-138(e) Voter lists Tennessee Secretary of State, Division

of Elections

This list [of registered voters compiled by the coordinator of elections] shall be available for

purchase to any person who certies on a form provided by the state election commission

that such list will be used for political purposes only.

2-2-141(e) Voter registration Tennessee Secretary of State,

Coordinator of Elections, County

Election Commissions

All documentation provided to show proof of citizenship as well as the department of safety

database or relevant federal and state agency and county records shall be condential and

shall not be available for inspection by the public.

2-6-202(c)(6) Elections County Election Commissions Any information regarding absentee requests and applications shall be condential and

not subject to the open records law, compiled in title 10, chapter 7 until the end of the early

voting period.

2-6-502(b) Voter registration,

Identifying information

Tennessee Secretary of State, County

Election Commissions

The social security number, date of birth, mailing address and electronic mailing address

contained on such application [for an absentee ballot or temporary registration or both from

any person authorized to vote absentee by mail under subsection (a)] shall be condential

and not subject to the open records law compiled in title 10, chapter 7.

2-10-211(d) Campaign nance Tennessee Secretary of State,

Tennessee Registry of Election Finance

All information entered by any candidate or campaign committee into the registry of election

nance electronic ling system shall remain condential until the information is led with the

registry of election nance.

2-10-212 Audit working papers,

Investigations

Tennessee Secretary of State,

Tennessee Registry of Election Finance

(e) The detailed information received pursuant to this section for an audit and eld

investigations of reports and statements led with the registry shall be considered working

papers of the registry of election nance and is, therefore, condential and not an open

record pursuant to title 10, chapter 7.

(f) After the completion and approval of an audit by the registry, the registry shall post any nding

that could result in an assessment of signicant penalties on the registry's web site, except that

audits of candidates defeated in the primary election shall not be made public until after the

general election.

2-11-202(a)(5)(C) Investigations, Elections Tennessee Secretary of State,

Tennessee Coordinator of Elections

(i) Any report of an investigation conducted by the coordinator's ofce pursuant to the

request of the attorney general and reporter and/or a district attorney general and led with

the attorney general and reporter and/or a district attorney general or a grand jury shall be

privileged and condential and shall not be deemed to be a public record.

(ii) The report of an investigation into the seating of a member of the general assembly shall be

deemed to be a public record.

(iii) If a report of an investigation appears in the news media, in whole or in part, such report shall

be deemed a public record and immediately released. All conclusions of law contained in such

report shall be approved by the attorney general and reporter before the report is released.

3-2-111(b)(2) Legislative records,

Health insurance

Fiscal Review Committee Notwithstanding title 10, chapter 7, part 1, such [health insurance data provided to the scal

review committee from health insurance issuers and from advocates of mandated benets]

will be held as condential by the scal review committee.

Source Subject Matter Government Entity Description Exceptions To Exception

Page 5 Statutory Exceptions to the Tennessee Public Records Act — January 2018

Exceptions to the Tennessee Public Records Act

3-6-308(c) Audits Tennessee Ethics Commission Notwithstanding any law to the contrary, random audit information and investigatory audit

information of lobbyist shall be condential and shall be maintained as such by the members

and employees of the ethics commission and by the ofcers and employees of the state, in

the manner and to the extent that the condentiality of tax information is maintained by the

ofcers and employees of the department of revenue and the state under title 67, chapter 1,

part 17.

3-10-108(c) Legislative records Tennessee General Assembly The provisions of § 10-7-503 shall not apply to records or information otherwise available in

printed form or to information or records otherwise exempt from the provisions of § 10-7-503.

3-12-105 Legislative records, Work

papers

Tennessee General Assembly, Ofce of

Legal Services

(a) All books, papers, records, and correspondence of the ofce of legal services pertaining

to its work shall be kept in the ofce of legal services and all such materials are public

records except:

(1) Intraofce memoranda made by the director of the ofce of legal services or the director's

staff; and

(2) Work papers and correspondence, including correspondence by electronic mail, with any

person receiving service from the ofce of legal services.

(b) Such papers and correspondence may become public records whenever the director of the

ofce of legal services or the general assembly shall so order.

3-12-106(b) Legislative

records, Privileged

communications,

Attorney-client

Tennessee General Assembly, Ofce of

Legal Services

All materials arising out of this [attorney-client] relationship [between Ofce of legal services

and each member of the General Assembly] including, but not limited to, proposed bills and

amendments, analyses, opinions, and memoranda prepared by an attorney are not public

records nor subject to title 10, chapter 7, part 5.

[Such materials may be accessible if so] provided by the rules of either house of the general

assembly or when released by the member for whom the material was prepared.

3-14-109 Legislative records, Work

papers

Tennessee General Assembly, Ofce of

Program Evaluation

(a) All books, papers, records, and correspondence pertaining to the work of the Ofce of

Program Evaluation are public records except:

(1) Intraofce memoranda made by the director or the director's staff;

(2) Work papers and correspondence with any committee or member of the general

assembly; and

(3) Any material supplied to the ofce by a state or local government agency or department

which, under applicable law, would remain condential in the hands of that agency or

department.

the ofce or to a committee of the general assembly or a member of the general assembly by

an individual who requests such condentiality.

(b) Such papers and correspondence may become public records whenever the speakers shall so

order.

4-3-304(7) Working papers, Audits,

Investigations

State Departments, Boards,

Commissions, Institutions, Agencies,

Authorities, Other State Entities

Notwithstanding any law to the contrary, working papers created, obtained or compiled by an

internal audit staff [of grantees or of state departments, boards, commissions, institutions,

agencies, authorities or other entities of the state] are condential and are therefore not an

open record pursuant to title 10, chapter 7. “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 by internal audit staff.

4-3-304(9) Working papers, Audits,

Investigations

Local Governments, Special Taxing

Districts, Utility Districts, Political

Subdivisions

Notwithstanding any law to the contrary, working papers created, obtained or compiled by

an internal audit staff are condential and are therefore not an open record pursuant to title

10, chapter 7. “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 by internal audit staff.

4-3-308(b) Condential information Tennessee Comptroller of the Treasury,

Ofce of Research and Education

Accountability (OREA)

The ofce of research and education accountability shall be accorded access to and may

examine any information, records, books, data, or reports maintained by any agency of

this state, whether or not the information is subject to public inspection. . . . The ofce of

research and education accountability shall maintain inviolate any privileged or condential

information so acquired and any record or writing so dened by law.

Source Subject Matter Government Entity Description Exceptions To Exception

Statutory Exceptions to the Tennessee Public Records Act — January 2018 Page 6

Exceptions to the Tennessee Public Records Act

4-3-514(b)(1) Energy, Proprietary

information

Tennessee Department of Environment

and Conservation (TDEC), Ofce of

Energy Programs

The Ofce [of Energy Programs] shall maintain the condentiality of all proprietary

information it may acquire.

4-3-730 Trade secrets, Sensitive

information, Marketing

plans

Tennessee Department of Economic

and Community Development (ECD)

(c)(1) Notwithstanding any other law to the contrary, any record, documentary materials,

or other information, including proprietary information, received, produced or maintained

by the department shall be considered public unless the commissioner, with the afrmative

agreement of the attorney general and reporter, determines that a document or information

is of such a sensitive nature that its disclosure or release would seriously harm the ability

of this state to compete or conclude agreements or contracts for economic or community

development.

(2) If the commissioner, with the agreement of the attorney general and reporter, determines

pursuant to subdivision (c)(1) that a document or information should not be released or

disclosed because of its sensitive nature, such document or information shall be considered

condential for a period of up to ve (5) years from the date such a determination is made.

After such period, the document or information made condential by this subsection (c) shall

become a public record and shall be open for inspection.

(d) This section shall not apply to trade secrets received, maintained or produced by the

department. All such trade secrets shall remain condential

(f)(1)This section shall not apply to company documents or records containing marketing

information or capital plans that are provided to the department with the understanding that

they are now and should remain condential. Any such document or record shall remain

condential until such time as the provider thereof no longer requires its condentiality

§ 4-28-104(f)

(1) Any information received, created, or promulgated by the department of economic and

community development or the department of revenue pursuant to this section [TNIvestco

applications] on or after July 9, 2009, shall constitute a public record, as dened in § 10-7-503,

and shall be open for personal inspection by any citizen of this state.

(2) Any information received, created, or promulgated by the department of economic and

community development or the department of revenue pursuant to this section shall not: (A)

Constitute “tax information” or “tax administration information”, as dened in § 67-1-1701, and

shall not be subject to title 67, chapter 1, part 17; or (B) Be subject to § 4-3-730.

4-3-1205(d) Investigations,

Subrecipient monitoring,

Food assistance

Tennessee General Assembly,

Tennessee Department of Human

Services (DHS), Tennessee

Comptroller of the Treasury

The department's written reports submitted pursuant to subsections (b) [summarizing each

announced/unannounced physical site visit conducted by DHS during the subrecipient

monitoring process and advance notice of any announced /unannounced site visits planned

for the following three-month period] and (c) [results of any substantiated investigation by

department's ofce of inspector general concerning fraud, waste, and abuse regarding the

child and adult care food program and summer food service program] shall be treated as

condential and shall not be open for public inspection.

[Written reports are submitted to the speakers, the comptroller of the treasury, and the chairs

of:

• the government operations committee of the house of representatives and the chair of the

government operations committee of the senate;

• the health committee of the house of representatives and the chair of the health and welfare

committee of the senate; and

• the nance, ways and means committees of the house of representatives and the chair of

the nance, ways and means committee of the senate.]

4-3-5509 Meetings, Executive

sessions

Information Systems Council (a) If the council holds a meeting covered by the open meeting provisions of title 8, chapter

44, at which subject matter will be discussed that is not condential and subject matter will be

discussed that is condential pursuant to § 10-7-504(i), the notice of such meeting required

pursuant to § 8-44-103 shall specify that part of the meeting will be a public meeting open

to the public and part of the meeting will not be open to the public because of discussion of

condential subject matter.

4-5-218 Agency rules, nal

orders and decisions

State Agencies Each [state] agency shall make available for inspection and copying after deletion of

the portions that are condential under any provision of law and payment of reasonable

compensatory fees to the agency [the following:

• Agency rules, nal orders and decisions,

• Written statements of policy or interpretations adopted and used in the discharge of its

functions;

• AG opinions rendered to the agency; and

• Description of current organization describing course and method of operation and methods

for public to obtain information or make submissions/requests.]

Source Subject Matter Government Entity Description Exceptions To Exception

Page 7 Statutory Exceptions to the Tennessee Public Records Act — January 2018

Exceptions to the Tennessee Public Records Act

4-6-140(c) Identifying information Tennessee Department of Correction The commissioner has the authority to delete from any [inmate records and the information

contained therein] the name of, or any identifying information concerning, any department

employee, law enforcement ofcer or informant or other inmate if, in the commissioner's

opinion, public disclosure of such name or information would place the safety of such

employee, law enforcement ofcer, informant or inmate in jeopardy. If the commissioner

determines that a name or identifying information cannot be deleted in a manner sufcient

to protect any such person, the commissioner may refuse to disclose the document in which

such name or identifying information appears.

Any information contained in an inmate record that is otherwise made condential by § 10-7-

504, shall remain condential.

4-12-113 CEO application

materials, Employees,

Meetings

Tennessee State Museum (a) [A]n application for a position of museum director, materials submitted with an application,

letters of recommendation or references concerning an applicant, and any other records

or information relating to or arising out of the process of searching for and selecting an

individual for the position of museum director shall be treated as condential and shall not be

open for public inspection, if the records could be used to identify a candidate for the position.

(d) Meetings or portions of meetings devoted to discussing information deemed condential

pursuant to this section are exempt from title 8, chapter 44, part 1.

(b) After a search committee has selected candidates as nalists for the position of museum

director, the committee shall publicly announce the nalists. . . . Records relating exclusively to the

candidates selected as nalists are not condential and shall be open for public inspection, except

for a record otherwise condential under state or federal law.

that the candidate's information be kept condential.

4-14-308 Trade secrets, Meetings,

Executive sessions

Tennessee Technology Development

Corporation (LaunchTN)

Any documentary materials or data made or received by any member or employee of the

corporation to the extent that such material or data consists of trade secrets or commercial

or nancial information regarding the operation of any business conducted by an applicant

for, or recipient of, any form of assistance that the corporation is empowered to render, or

regarding the competitive position of such applicant in a particular eld of endeavor, shall not

be deemed public records and shall not be subject to title 10, chapter 7 . . . . Any discussion

or consideration of such trade secrets or commercial or nancial information may be held by

the board, or any subcommittee of the board, in executive sessions closed to the public. All

applications (except the identity of the applicants) and supporting documentary materials or

data, including personal nancial records, trade secrets, commercial or nancial information

and proprietary information of applicants, and all executive sessions or portions thereof

conducted by the board, or any subcommittee of the board, for the purpose of reviewing

applications for assistance shall be condential and exempt from title 8, chapter 44.

[I]f the corporation purchases a qualied security from such applicant, the commercial and

nancial information, excluding trade secrets, shall be deemed to be a public record of the

corporation and subject to title 10, chapter 7, after the expiration of three (3) years from the date of

purchase of such qualied security, or, in the case of such information being made or received by

any member or employee of the corporation after the purchase of such qualied security, three (3)

years from the date such information was made or received.

4-21-303(d) HRC efforts to eliminate

discriminatory practices

Tennessee Human Rights Commission Except for the terms of the conciliation agreement, neither the commission nor any ofcer or

employee thereof shall make public, without the written consent of the complainant and the

respondent, information concerning efforts in a particular case to eliminate discriminatory

practice by conference, conciliation or persuasion, whether or not there is a determination

of reasonable cause or a conciliation agreement. The conciliation agreement itself shall

be made public unless the complainant and the respondent otherwise agree, and the

commission also determines that disclosure is not required to further the purposes of this

chapter.

4-28-108(e) Proprietary information,

TNInvestco

Tennessee Department of Economic

and Community Development (ECD)

Information [adequate documentary support for all proceeds and distributions related to

liquidity events] provided [by a qualied TNInvestco] to the department pursuant to this

section shall be kept condential due to the proprietary nature of such information.

4-28-109(a)(1)(B) Proprietary information,

TNInvestco

Tennessee Department of Finance and

Administration

The department shall obtain all necessary information from each TNInvestco to support

the state's prot share percentage. Information provided to the department pursuant to this

section shall be kept condential due to the proprietary nature of such information.

4-28-110 Proprietary information,

TNInvestco

Tennessee Department of Economic

and Community Development (ECD)

(a)(4) Information provided to the department [by each qualied TNInvestco] pursuant to this

section shall be kept condential due to the proprietary nature of such information.

[Includes the following information:

• initial report after receipt of designated capital;

• annual report due on or before 1/31;

• other information requested to help the department ascertain the impact of the TNInvestco

program both directly and indirectly on the economy of this state; and annual audited

nancial statements]

(e) To promote openness and transparency, a copy of each annual report received by the

department of economic and community development pursuant to this section shall be posted

on the Tennessee TNInvestco web site that is maintained by the department of economic and

community development.

Source Subject Matter Government Entity Description Exceptions To Exception

Statutory Exceptions to the Tennessee Public Records Act — January 2018 Page 8

Exceptions to the Tennessee Public Records Act

4-28-111(a) Proprietary information,

TNInvestco

Tennessee Department of Economic

and Community Development (ECD)

Information provided to the department pursuant to this section shall be kept condential due

to the proprietary nature of such information.

[Information Scorecard data as provided in § 4-28-113; and qualied TNInvestco's original

application]

4-35-107(a) Reports of suspected

illegal, improper,

wasteful, or fraudulent

activity

Tennessee Comptroller of the Treasury,

State Audit Committees

The detailed information received and generated pursuant to a report of suspected illegal,

improper, wasteful, or fraudulent activity shall be considered audit working papers and is

therefore not an open record pursuant to title 10, chapter 7.

4-35-108 Meetings, Executive

sessions

State Audit Committees (b) [A state] audit committee may hold condential, nonpublic executive sessions to discuss:

(1) Items deemed not subject to public inspection under §§ 10-7-503 and 10-7-504, and all

other matters designated as condential or privileged under this code;

(2) Litigation;

(3) Audits or investigations;

(4) Information protected by federal law; and

(5) Matters involving information under § 4-35-107(a), where the informant has requested

anonymity.

(d) For purposes of providing notice of a condential, nonpublic executive session, the

agenda must disclose the general nature of discussion as described under subdivisions (b)

(1)-(5).

4-51-103(c)(2) Criminal history

background check

Tennessee Education Lottery

Corporation (TELC), Governor

The results of such a [criminal history] records check [by the TBI on potential directors of TELC]

shall not be considered a record open to the public pursuant to title 10, chapter 7, part 5.

4-51-109(d)(2) Criminal history

background check

Tennessee Education Lottery

Corporation (TELC)

The results of such a records check [by the TBI on potential chief executive ofcers] shall not

be considered a record open to the public pursuant to title 10, chapter 7, part 5.

4-51-110 Criminal history

background check,

Employees

Tennessee Education Lottery

Corporation (TELC)

(e) The results of such a [criminal history] records check [by TBI on potential employees of

TELC] shall not be considered a record open to the public, pursuant to title 10, chapter 7,

part 5.

(f) The results of such investigation [by the TBI of a criminal history records check on persons

accepting an offer of employment by TELC] shall not be considered a record open to the

public, pursuant to title 10, chapter 7, part 5.

4-51-124(a) Employees, Medical

information, Identifying

information

Tennessee Education Lottery

Corporation (TELC)

The following records or information in the possession of the corporation shall be treated as

condential and shall be exempt from § 10-7-503:

(5)(A) The following records or information of an employee of [TELC and of the employee's

immediate family members or household members] in the possession of [TELC] in its

capacity as an employer shall be treated as condential and shall not be open for inspection

by members of the public: unpublished telephone numbers; bank account information; social

security number; 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.

(8) Medical records or medical information of an employee [or of family members of an

employee] in the possession of [TELC] shall be treated as condential and shall not be open

for inspection by members of the public.

(5)(B) Nothing in subdivision (a)(5) shall be used to limit or deny access to otherwise public

information when le, a document, or data le can be redacted;

enforcement agencies, courts, or other governmental agencies performing ofcial functions;

(D) Nothing in subdivision (a)(5) shall be construed to close any personnel records of an employee

of the corporation that are currently open under state law;

(E) Nothing in subdivision (a)(5) shall be construed to limit access to information made condential

when the employee expressly authorizes the release of such information.

4-51-124(a) Security Tennessee Education Lottery

Corporation (TELC)

The following records or information in the possession of [TELC] shall be treated as

condential and shall be exempt from § 10-7-503:

(2) Security measures, systems, or procedures;

(3) Security reports.

Source Subject Matter Government Entity Description Exceptions To Exception

Page 9 Statutory Exceptions to the Tennessee Public Records Act — January 2018

Exceptions to the Tennessee Public Records Act

4-51-124(a) Lottery games Tennessee Education Lottery

Corporation (TELC)

The following records or information in the possession of [TELC] shall be treated as

condential and shall be exempt from § 10-7-503:

(10) All information relative to prospective lottery games and security and other sensitive

information relative to current lottery games; and

(11) Any information concerning lottery sales made by lottery retailers unless otherwise

provided by law.

4-51-124(a)(1) Trade secrets Tennessee Education Lottery

Corporation (TELC)

The following records or information in the possession of [TELC] shall be treated as

condential and shall be exempt from § 10-7-503: (1) Trade secrets, as such term is dened

in § 47-25-1702.

4-51-124(a)(4) Procurement, Contracts Tennessee Education Lottery

Corporation (TELC)

The following records or information in the possession of [TELC] shall be treated as

condential and shall be exempt from § 10-7-503: Proposals received pursuant to

personal service, professional service, consultant service contract regulations, and related

records, including evaluations and memoranda [prior to the completion of evaluation of

such proposals by the corporation]. Sealed bids for the purchase of goods and services,

and leases of real property, and individual purchase records, including evaluations and

memoranda relating to such bids [prior to the completion of evaluation of such bids by the

corporation].

[S]uch information shall be available for public inspection after the completion of evaluation of

such proposals [and such bids] by the corporation.

4-51-124(a)(4) Internal audit Tennessee Education Lottery

Corporation (TELC)

The following records or information in the possession of [TELC] shall be treated as

condential and shall be exempt from § 10-7-503:

(4) Internal audit reviews of [TELC] including any documentation and memoranda relating to

such audits [prior to nalization of such audits by TELC].

4-51-124(a)(6) Investigations Tennessee Education Lottery

Corporation (TELC)

The following records or information in the possession of [TELC] shall be treated as

condential and shall be exempt from § 10-7-503:

(6) Information obtained pursuant to investigations that is otherwise condential.

4-51-124(a)(7) Lottery winners,

Identifying information

Tennessee Education Lottery

Corporation (TELC)

The following records or information in the possession of TELC shall be treated as

condential and shall be exempt from § 10-7-503: . . . Identifying information obtained from

prize winners including, but not limited to, home and work addresses, telephone numbers,

social security numbers, and any other information that could reasonably be used to locate

the whereabouts of an individual.

(A) [TELC] shall disclose any relevant information to a claimant agency pursuant to part 2,

[chapter 51, title 4] necessary to establish or enforce a claim against a debtor as dened in part 2;

(B) [TELC] may disclose a lottery prize winner's name, home state, hometown, and, if authorized

by the prize winner, any other information for marketing, advertising, or promotional purposes; and

otherwise necessary to assist any federal, state, or local entity in the performance of its statutory

or regulatory duties.

4-51-124(a)(9) Employees, CEO

application materials

Tennessee Education Lottery

Corporation (TELC)

All information [and records] relative to the hiring or retention of the chief executive ofcer

or president [in the possession of TLEC shall be treated as condential and shall be exempt

from § 10-7-503].

4-51-125(b) Investigations Tennessee Education Lottery

Corporation (TELC)

Records, documents, and information in the possession of [TELC] received pursuant to an

intelligence-sharing, reciprocal use, or restricted use agreement with a federal department or

agency, any law enforcement agency, the lottery regulation agency, or gaming enforcement

agency of any jurisdiction [as authorized in subsection (a)] shall be considered investigative

records of a law enforcement agency and are not subject to § 10-7-503 and shall not be

released under any condition without the permission of the person or agency providing the

record or information.

[Records may be released with the permission of the person or agency providing the record or

information.]

4-51-126 Procurement Tennessee Education Lottery

Corporation (TELC)

(f) Procurement documents, contracts, and any other documentation, or portions thereof,

led with the lottery procurement panel by the corporation [made condential pursuant] to §

4-51-124 . . . shall retain its condentiality, if any, and shall only be used by the panel in the

performance of its ofcial duties.

(g)(1) [Information made condential pursuant to § 4-51-124 shall not be included with

procurement contracts posted on the Major Procurement Contracts section of the lottery

website.]

Source Subject Matter Government Entity Description Exceptions To Exception

Statutory Exceptions to the Tennessee Public Records Act — January 2018 Page 10

Exceptions to the Tennessee Public Records Act

4-51-205(b) Lottery winners State Agencies The information obtained by a claimant agency [state agency seeking to recover a debt from

a prize winner] from the [Tennessee Lottery] corporation in accordance with this part shall

retain its condentiality and shall only be used by a claimant agency in the pursuit of its debt

collection duties and practices.

5-1-130 Trade secrets, Marketing

information, Capital

plans, Economic

development

Counties (a) [A]ny contract or agreement, together with all supporting records and documentation, that

obligates public funds as part of a county's economic and community development program

to assist new and existing businesses and industries in locating or expanding in the county

is . . . [not] open for public inspection [until] the date such contract or agreement is made

available to members of the governing body.

(b) All such trade secrets [received or maintained by a county] are condential.

provided to a county with the understanding that they are condential] is condential until

such time as the provider thereof no longer requires its condentiality.

(a) any contract or agreement, together with all supporting records and documentation, that

obligates public funds as part of a county's economic and community development program to

assist new and existing businesses and industries in locating or expanding in the county is a public

record subject to title 10, chapter 7, part 5, and open for public inspection as of the date such

contract or agreement is made available to members of the governing body. A governing body

shall publicly disclose the proposed contract or agreement in a manner that would adequately

notify and fairly inform the public of the proposed contract or agreement before voting on the

proposal.

5-14-108(i) Purchasing,

Procurement, Bids

Counties All sealed bids received shall be opened publicly at the time and place xed in the

advertisement. Each bid, with the name and address of the bidder, shall be entered on a

record, and each record with the names of the bidders, the amounts of their bids, and the

name of the successful bidder indicated thereon, shall, after the award or contract or order,

be open to public inspection.

6-54-142 Economic development Municipalities (a) Any contract or agreement, together with all supporting records and documentation, that

obligates public funds as part of a municipality's economic and community development

program to assist new and existing businesses and industries in locating or expanding in the

municipality is [not] open for public inspection [until] the date such contract or agreement is

made available to members of the governing body.

(b) All such trade secrets [received or maintained by a municipality] are condential.

provided to a municipality with the understanding that they are condential] is condential

until such time as the provider thereof no longer requires its condentiality.

(a) [A]ny contract or agreement, together with all supporting records and documentation, that

obligates public funds as part of a municipality's economic and community development program

to assist new and existing businesses and industries in locating or expanding in the municipality

is a public record subject to title 10, chapter 7, part 5, and open for public inspection as of

the date such contract or agreement is made available to members of the governing body. A

governing body shall publicly disclose the proposed contract or agreement in a manner that would

adequately notify and fairly inform the public of the proposed contract or agreement before voting

on the proposal.

6-54-204 Economic development Cities Records held by a city whose primary industry is tourism that address a specic amount of

money expended in a given market for digital or traditional media or that address the specic

detail of targeted audiences identied for marketing purposes may be treated as condential

and not subject to the open records law, compiled in title 10, chapter 7.

Nothing in this section shall prevent public disclosure of aggregate expenditure amounts for

marketing activities at any time.

7-54-107(2)(C) Trade secrets, Energy

production facilities,

Procurement

Municipalities Trade secrets and condential information contained in proposals submitted for contracts for

the construction, operation or maintenance of an energy production facility and all contracts

authorized by § 7-54-105(a)(3) shall not be open for public inspection.

If provided in the request for proposals, the contents of responding proposals shall not be

disclosed to competing offerors and shall be kept secret during the process of negotiation.

7-59-305(d)(2) Cable or video

service provider non-

discrimination plans

Tennessee Public Utility Commission Plans to comply with the requirements of § 7-59-311 that are submitted by applicants

for state-issued certicates of franchise authority to provide cable or video service are

condential and are not subject to the open records laws, compiled in title 10, chapter 7.

7-59-306(c) Cable or video service

provider

Counties, Municipalities (1) The payment [of the franchise fee imposed pursuant to this section] shall be considered

complete if accompanied by a statement showing, for the quarter covered by the payment

[certain information].

(2) Any supporting statements submitted pursuant to subdivision (c)(1) [to the municipality or

county with the quarterly payment of franchise fee related to cable or video service] shall be

condential and not subject to the open records law, compiled in title 10, chapter 7.

7-59-306(d)(1) Cable or video service

provider

Counties, Municipalities Any records obtained by or disclosed to a municipality or county by a holder of a state-issued

certicate of franchise authority or any other cable or video service provider for the purpose

of an audit or review, shall be condential and not subject to the open records laws, compiled

in title 10, chapter 7.

Source Subject Matter Government Entity Description Exceptions To Exception

Page 11 Statutory Exceptions to the Tennessee Public Records Act — January 2018

Exceptions to the Tennessee Public Records Act

7-59-306(g) Working papers, Cable

or video service provider

Tennessee Comptroller of the Treasury Any information obtained by or disclosed to the comptroller [during an audit of the business

records of the holder of a state-issued certicate of franchise authority for cable or video

service] shall be considered working papers of the comptroller and, therefore, are condential

and are not subject to the open records laws compiled in title 10, chapter 7.

7-59-311(d)(4) Cable or video

service provider

non-discrimination,

Proprietary information

Tennessee Attorney General and

Reporter, Connected Tennessee

Any information submitted to, or obtained by the verier or attorney general and reporter

pursuant to this subsection (d) [as to the expansion of access to broadband Internet service]

shall be considered proprietary information and therefore is condential and not subject to

the open records laws, compiled in title 10, chapter 7.

7-86-317 Proprietary information Tennessee Department of Commerce

and Insurance, Emergency

Communications Board

Notwithstanding any other law to the contrary, the board shall promulgate rules and

regulations to safeguard proprietary information submitted to the board. Such rules and

regulations shall be consistent with determinations, actions, customs, and practices of

the Tennessee regulatory agency with respect to proprietary information. Any information

determined to be proprietary in accordance with such rules and regulations [Tenn. Comp R

& Regs. 0780-06-01] shall be condential and shall not be open to the public for inspection,

notwithstanding the public records provisions of title 10, chapter 7.

8-3-104(10) Executive records Tennessee Secretary of State It is the duty of the secretary of state to: give to any person requiring the same, and paying

lawful fees, an attested copy of any act, record, or paper in the secretary of state's ofce,

except papers relating immediately to the executive department, and, in the governor's

judgment, requiring secrecy.

8-4-116(c) Work papers, Financial

documents

Tennessee Comptroller of the Treasury Any income statements or other nancial documents led with an objection by a contracting

entity to a proposed audit by the comptroller shall become a part of the comptroller's

condential work papers and shall not be open or otherwise subject to public inspection.

8-4-407 Fraud, waste and abuse

hotline; Working papers

Tennessee Comptroller of the Treasury The detailed information received and generated pursuant to part 4, chapter 4, title 8 shall be

considered condential working papers of the comptroller of the treasury and is therefore not

an open record pursuant to title 10, chapter 7.

8-6-112(d) Investigations, Judiciary Tennessee Attorney General and

Reporter, District Attorneys General,

Courts

The notice by the attorney general and reporter to the executive director of the district

attorneys general conference, the application for appointment as district attorney general pro

tem by an appropriate court pursuant to § 8-7-106(a), and the proceedings on the application

for criminal prosecution of a judge shall be condential. The application shall be considered

by the court in camera.

8-6-407 Attorney General Tennessee Attorney General and

Reporter

All testimony, books, documents, or other writings, records or tangible objects obtained by

the attorney general and reporter pursuant to §§ 8-6-401 and 8-6-402 shall be condential

and shall not be publicly divulged by the ofce of the attorney general and reporter except in

the discharge of the duties of the ofce or in legal proceedings in which the state is a party.

8-11-112 Bank account

information, Identifying

information

County Trustees (a) An individual's credit card information, debit card information, bank account and routing

information, e-mail address, and telephone number acquired by the county trustee shall not

be open for public inspection pursuant to title 10, chapter 7.

(b) The information made condential by this section shall be open to inspection by law

enforcement agencies, courts, or other government agencies performing ofcial functions.

(d) Nothing in this section shall limit or deny access to otherwise public information because a le,

document, or data le contains condential information.

Source Subject Matter Government Entity Description Exceptions To Exception

Statutory Exceptions to the Tennessee Public Records Act — January 2018 Page 12

Exceptions to the Tennessee Public Records Act

8-25-109 Medical records State, Counties, Municipalities (a) Any medical records submitted to, or compiled by, any person or entity providing deferred

compensation plan services pursuant to part 1, chapter 25, title 8 are condential and shall

not be disclosed.

(a) [Disclosure is permitted:]

(1) To the extent that the employee or the employee's legal representative consents to disclosure;

(2) To the extent of performing duties hereunder, to employees of persons or entities providing the

plan services;

(3) In compliance with a subpoena or a court order;

(4) To other governmental agencies; provided, that such agencies maintain the same level of

condentiality as that required by the section;

(5) To the comptroller of the treasury or the comptroller's designees for the purpose of audit; or

(6) In any administrative proceeding or court action between the employee /legal representative

and a person or entity providing plan services.

(b) Nothing contained herein applies to statistical medical information if such information is

not identied with a particular employee. Further, nothing contained herein applies to records

concerning the identity of employees receiving or applying for benets, to the amount of benets to

which a particular employee is or may be entitled to receive, nor to any other nonmedical related

information unless such information is made condential by other statute of this state.

8-25-307 Medical records State, Counties, Municipalities Any medical records submitted to, or compiled by, any person or entity providing prot

sharing and/or salary reduction plan services pursuant to this part are condential and shall

not be disclosed except as provided under § 8-25-109.

§ 8-25-109(a) permits disclosure:

(1) To the extent that the employee or the employee's legal representative consents to disclosure;

(2) To the extent of performing duties hereunder, to employees of persons or entities providing the

plan services;

(3) In compliance with a subpoena or a court order;

(4) To other governmental agencies; provided, that such agencies maintain the same level of

condentiality as that required hereunder;

(5) To the comptroller of the treasury or the comptroller's designees for the purpose of audit; or

(6) In any administrative proceeding or court action between the employee or the employee's legal

representative and a person or entity providing plan services hereunder.

(b) Nothing contained herein [§ 8-25-109] applies to statistical medical information if such

information is not identied with a particular employee. Further, nothing contained herein applies

to records concerning the identity of employees receiving or applying for benets, to the amount

of benets to which a particular employee is or may be entitled to receive, nor to any other

nonmedical related information unless such information is made condential by other statute of

this state.

Source Subject Matter Government Entity Description Exceptions To Exception

Page 13 Statutory Exceptions to the Tennessee Public Records Act — January 2018

Exceptions to the Tennessee Public Records Act

8-25-402 Medical records State Any information concerning an employee's medical diagnosis, treatment or referral for

treatment maintained by any person or entity providing cafeteria plan services hereunder is

condential and shall not be disclosed except as provided under § 8-25-109.