D. Are segregable portions of records containing exempt material available?

1. The presence of exempt information does not prevent inspection. Because the Open Records Act does not expressly exempt from inspection records that contain both exempt and nonexempt information, it does not prohibit inspection of public information in a record otherwise subject to inspection merely because the record also contains exempt information. However, the custodian of the record does not have a duty to delete exempt materials from an otherwise disclosable record. See Sargent School Dist. No. RE-33J v. Western Services Inc., 751 P.2d 56, 61 (Colo. 1988); Office of State Court Administrator v. Background Info. Sys., 994 P.2d 420 (Colo. 1999) (digital records).

2. However, the Colorado Supreme Court has recognized that a problem may arise whereby an otherwise public record could be rendered inaccessible to public scrutiny by the inclusion of confidential material. See Sargent School Dist. No. RE-33J v. Western Services Inc., 751 P.2d 56, 61 n.5 (Colo. 1988).

3. Scope of Exemption. If a statute declares all records or information in a record confidential, there is no "non-confidential" information that can be separately disclosed. Gillies v. Schmidt, supra.