B. Other statutory exclusions.

FOIA states that records must be disclosed "[e]xcept as otherwise provided by any federal law or state statute." Conn. Gen. Stat. §1-210(a). Consequently, there are a variety of statutory provisions not specifically set forth in FOIA that have the effect of exempting records from FOIA.

1. In Comm'r, Dep't of Pub. Safety v. FOIC, 204 Conn. 609, 529 A.2d 692 (1987), the Supreme Court held that information gathered by the statewide organized crime investigative task force is exempt from public disclosure under Conn. Gen. Stat. §29-170.

2. In Galvin v. FOIC, 201 Conn. 448, 518 A.2d 64 (1986), the Supreme Court held that autopsy reports are exempt from disclosure under Conn. Gen. Stat. §19a-411.

3. In Maher v. FOIC, 192 Conn. 310, 472 A.2d 321 (1984), the Supreme Court held that information concerning medication prescribed for state Medicaid recipients was exempt from disclosure under Conn. Gen. Stat. §17-83(b).

4. In Comm'r of Consumer Prot. v. FOIC, 207 Conn. 698, 542 A.2d 321 (1988), the Supreme Court held that Conn. Gen. Stat. §21a-306 bars disclosure of information received by the Commissioner of Consumer Protection under specified statutes concerning pharmacists, prescription records, food, drugs and cosmetics, and dependency-producing drugs, and the bar is not lifted upon the holding of a compliance conference.

5. In Healy v. FOIC, 18 Conn. App. 212, 557 A.2d 561 (1989), the Appellate Court held that Conn. Gen. Stat. §1-83 exempted monthly statements of expenses and income provided to high sheriffs by their deputies.

6. Conn. Gen. Stat. §2-53g(b) states that certain records in the custody of, obtained by, or prepared by the legislative program review and investigations committee, or its staff, are exempt from disclosure until the investigation is completed.

7. Conn. Gen. Stat. §5-200(f) provides that statements of former employers of applicants shall be considered confidential and are not open to inspection.

8. In Pers. Dir., Dep't of Income Maint. v. FOIC, 214 Conn 312, 572 A.2d 312 (1990), the Supreme Court construed Conn. Gen. Stat. § §5-225 and 5-237, guaranteeing the rights of state employees to inspect promotional examination materials and service ratings, as barring disclosure to others. In Chairman, Merit Promotional Comm. v. FOIC, 4 CSCR 16 (1988), the Superior Court held that disclosure to those taking merit promotion exams of the evaluation rating forms completed by each rater, showing the name of the rater, does not violate Conn. Gen. Stat. § §5-225 or 1-210(b)(6).

9. Conn. Gen. Stat. §10-151c states that records of teacher performance and evaluation are not public records. In Rose v. FOIC, 221 Conn. 217, 602 A.2d 1019 (1992), the Supreme Court held that this statute does not prevent public disclosure of the substance of votes of a public agency that happen to concern matters of personnel, teacher performance, or evaluation. In Ottochian v. FOIC, 221 Conn. 393, 604 A.2d 351 (1992), the Supreme Court held that this statute did not exempt those portions of a document concerning nonevaluative information even though the portions containing matters of teacher performance and evaluation were exempt. Disciplinary records and records of personal misconduct are not records of teacher performance and evaluation and so are not exempt from disclosure. See Carpenter v. FOIC, 59 Conn. App. 20, 755 A.2d 364 (2000), cert. denied, 254 Conn. 933, 761 A.2d 752 (2000) (records pertaining to alleged incidents of student access to pornographic material not exempt under Conn. Gen. Stat. §10-151c); Wiese v. FOIC, 82 Conn. App. 604, 847 A.2d 1004 (2004) (a "last chance agreement" between a teacher and school administrators relating to his showing of a film to students and future discipline that may be imposed is a disciplinary record and so is not exempt from disclosure); Cracco v. FOIC, Nos. CV 94-0705369S, CV 94-0705370S, CV 94-0705371S, 1995 WL 514468 (Conn. Super. Aug. 18, 1995) (copies of records of complaints filed against a local school teacher and the result of any investigation and action taken not exempt under either Conn. Gen. Stat. §10-151c or §1-210(b)(2)); Newtown Bd. of Educ. v. FOIC, No. CV 96-05558171, 1997 WL 625438 (Conn. Super. Oct. 3, 1997).

10. Conn. Gen. Stat. §11-25(b) states that personally identifiable information contained in the circulation records of public libraries is confidential.

11. In Groppo v. FOIC, 4 CSCR 300 (1989), the Superior Court held that Conn. Gen. Stat. §12-15 exempts from disclosure applications filed with the Department of Revenue Services for tax registration numbers.

12. Conn. Gen. Stat. §46a-11c states that certain reports regarding mentally retarded persons who have allegedly been abused or neglected are not public records.

13. In Shulansky v. FOIC, No. CV 92-0703520, 1993 WL 410144 (Conn. Super. Oct. 8, 1993), the Superior Court held that neither Conn. Gen. Stat. §36-16(a) nor §1-210(b)(10) nor any federal statute were intended to shield from public scrutiny information generated by the Bank Commissioner about the manner in which or the frequency with which he performed his examinations. See also State of Conn. Dep't of Banking v. FOIC, No. CV 95-0554467S, 1996 WL 636472 (Conn. Super. Oct. 29, 1996) (Superior Court construed Conn. Gen. Stat. §36a-21 to apply to information obtained by the Department of Banking relating to personal business, financial and investment information of financial institutions and/or their customers, but not to administrative information obtained by the Department from its own employees, such as their home addresses).

14. Conn. Gen. Stat. §17a-452 states that certain reports regarding elderly persons who have allegedly been abused or neglected are not public records.

15. In Conn. Comm'n on Human Rts. & Opportunities v. FOIC, 3 CSCR 861 (1988), the Superior Court held that Conn. Gen. Stat. §46a-83(b), barring disclosure of what occurs in CHRO discrimination conciliation endeavors, exempts disclosure of an affidavit of a witness in a since-dismissed CHRO discrimination proceeding.

16. Conn. Gen. Stat. §51-44a(j) states that the files and records of the judicial selection commission are not open to the public or subject to disclosure.

17. Conn. Gen. Stat. §54-142c states that certain criminal records which have been erased (i.e., sealed) pursuant to statute are not to be disclosed.

18. Conn. Gen. Stat. §54-142k states that criminal nonconviction information shall not be available to the public.

19. Conn. Gen. Stat. § §54-76l and 54-76o state that certain records pertaining to youthful offenders are confidential and should be erased (i.e., sealed).

20. Public Act No. 92-225 extended the right of privileged communications, previously accorded psychiatrists and psychologists under Conn. Gen. Stat. § §52-146c and 52-146f, to social workers and marital and family therapists.

21. Conn. Gen. Stat. §17a-28(b) provides that FOIA does not apply to certain records maintained by the Department of Children and Families. See Marlow v. FOIC, No. CV 99-0493141S, 1999 WL 966471 (Conn. Super. Oct. 12, 1999); Dep't of Pub. Health v. FOIC, No. CV 98-0492649S, 1999 WL 966634 (Conn. Super. Oct. 12, 1999) (records pertaining to child abuse or neglect are exempt under Conn. Gen. Stat. §17a-101k); Conn. Gen. Stat. §17a-101.

22. Conn. Gen. Stat. §7-314(b) provides that records of a volunteer fire department are not subject to FOIA if the records "concern fraternal or social matters." Other records are open to the public. See Yantic Volunteer Fire Co. v. FOIC, 42 Conn. App. 519, 679 A.2d 989 (1996); O'Connell v. FOIC, 54 Conn. App. 373, 735 A.2d 363 (1999) (fire department's charters, by-laws, policies, procedures, and names and addresses did not concern fraternal or social matters and so were not exempt from disclosure).

23. The Economic Development and Manufacturing Assistance Act states that all information contained in applications for financial assistance submitted to the Department of Economic and Community Development or the Connecticut Development Authority prior to October 1, 2000 are exempt from disclosure. Conn. Gen. Stat. §32-244a.

24. Conn. Gen. Stat. §7-232a provides that a municipal utility may withhold any commercially valuable, confidential or proprietary information from public disclosure under the Freedom of Information Act.

25. Conn. Gen. Stat. §7-479h states that "[t]he meetings, minutes and records of an interlocal risk management agency pertaining to claims shall not be subject to [FOIA]."

26. Tenant statements provided to developers regarding their income for the purpose of certifying a housing development meets statutory affordable housing requirements are not public records under FOIA. Conn. Gen. Stat. §8-30h.

27. Conn. Gen. Stat. §9-7b provides that the Elections Enforcement Commission shall be deemed a law enforcement agency for the purposes of §1-210(b)(3) under certain circumstances.

28. Social Security numbers provided to the tax collector shall not be subject to disclosure under FOIA. Conn. Gen. Stat. §12-148.

29. Conn. Gen. Stat. §12-659 exempts from disclosure any information contained in a report or a return required under Chapter 228b (Marijuana and Controlled Substances Tax).

30. Conn. Gen. Stat. §12-810 exempts from disclosure new lottery games, serial numbers of unclaimed tickets, financial credit, and proprietary information submitted by outside parties in connection with a proposal.

31. No municipal utility shall be required to disclose records "which identify or could lead to identification of the utility usage or billing information of individual customers, to the extent such disclosure would constitute an invasion of privacy." Conn. Gen. Stat. §16-262c.

32. Information provided to the Commission of Transportation regarding the shipment of radioactive waste is exempt from disclosure under FOIA prior to completion of the shipment. Conn. Gen. Stat. §16a-106.

33. Conn. Gen. Stat. §22a-6 exempts from disclosure under FOIA any "information relating to secret processes or methods of manufacture or production" observed by the Commission of Environmental Protection during an inspection or investigation.

34. Information received by Commissioner of Environmental Protection from the U.S. Environmental Protection Agency shall be kept confidential. Conn. Gen. Stat. §22a-424.

35. The location of any essential habitat or the location of any threatened or endangered species or species of special concern may be withheld by the Commissioner of Environmental Protection. Conn. Gen. Stat. §26-313.

36. Records of a delinquent insurer are not subject to disclosure under FOIA. Conn. Gen. Stat. §38a-913a.

37. Records of ownership of or security interest in registered public obligations are not subject to FOIA. Conn. Gen. Stat. §42b-10.

38. Information and identity of a person making a complaint with the Office of the Victim Advocate is not subject to the disclosure under FOIA. Conn. Gen. Stat. §46a-13e.

39. Conn. Gen. Stat. §8-360 exempts from disclosure "any information indicating the location of a shelter or transitional housing for victims of domestic violence."

40. A court of probate may not disclose, except under certain circumstances, estate tax returns and estate tax return information provided to such court. Conn. Gen. Stat. §12-398.

41. Conn. Gen. Stat. §2-40a provides that performance evaluations of judges shall be provided to the joint standing committee on judiciary and members of the Judicial Selection Commission and to no one else.

42. Conn. Gen. Stat. §2-53g exempts information in the custody of or obtained or prepared by the Legislative Program Review and Investigations Committee during the course of an investigation.

43. The Connecticut Commission on Culture and Tourism may withhold from disclosure to the public the locations of archaeological sites under consideration for listing by the Connecticut Historical Commission if disclosure would create a risk of destruction or harm to the sites. Conn. Gen. Stat. §10-409.

44. Records of the performance and evaluations of faculty or professional staff which are kept on file by a board of trustees of a constituent unit of the state system of higher education are not public records and shall not be disclosed unless the faculty or staff member consents. Conn. Gen. Stat. §10a-154a.

45. All financial credit and proprietary information submitted to the University of Connecticut Health Center Finance Corporation in connection with a joint venture or shared service agreement is exempt under FOIA. Conn. Gen. Stat. §10a-253. See also Conn. Gen. Stat. §32-40; Conn. Gen. Stat. §32-345; Conn. Gen. Stat. §32-601.

46. Information related to actual rental and rental-related income and expenses and not a matter of public record shall not be subject to FOIA. Conn. Gen. Stat. §12-63c.

47. Taxpayer information submitted to the state shall remain confidential. Conn. Gen. Stat. §12-242vv.

48. Conn. Gen. Stat. §16a-14 provides that local distribution patterns of energy resources, inventories of energy resources and volume of sales of energy resources, shall be exempt from FOIA.

49. Reports or complaints of abuse of a long-term care resident are not public records and not subject to FOIA. Information derived from such reports or complaints for which reasonable grounds are determined to exist after investigation may be disclosed, but the name of the resident or the complainant is not subject to disclosure unless such person specifically requests such disclosure or unless a judicial proceeding results from such report or complaint. Conn. Gen. Stat. §17b-407.

50. Records obtained by the Department of Public Health in connection with an investigation of a person or faculty over which such department has jurisdiction, other than a physician, shall not be subject to disclosure. Conn. Gen. Stat. §19a-14; see also Conn. Gen. Stat. §19a-17a; Conn. Gen. Stat. §19a-87a; Conn. Gen. Stat. §19a-87e; Conn. Gen. Stat. §19a-180; Conn. Gen. Stat. §20-204a.

51. Investigations of veterinarians are confidential and not subject to disclosure. If an investigation leads to a finding that grounds for disciplinary action exist, the allegation and the entire record of the investigation shall be deemed a public record. Conn. Gen. Stat. §20-204a.

52. Any schedule of stocking or release of fish or animal into the wild is exempt from disclosure until such stocking or release has taken place. Conn. Gen. Stat. §26-25b.

53. No person shall obtain or disclose information derived from reports of birds or animals taken by hunting or trapping. Conn. Gen. Stat. §26-67a; see also Conn. Gen. Stat. §26-157b.

54. The name and address of persons issued a permit to carry or sell pistols and revolvers are confidential and not to be disclosed. Conn. Gen. Stat. §29-28. See Records Outline at IV.H; see also Conn. Gen. Stat. §53-202d (permits to carry assault weapons likewise confidential).

55. Information contained in notices supplied by employers regarding the presence or elimination of hazardous materials in its establishment shall not be disclosed. Conn. Gen. Stat. §29-307a.

56. Child abuse records are confidential and exempt from disclosure under Conn. Gen. Stat. §17a-101k.  See Groton Police Dep't. v. FOIC, 104 Conn. App. 150, 931 A.2d 989 (2007).

57. Conn. Gen. Stat. §1-217 prohibits the disclosure of the residential address of certain specified persons.  In Dep't. of Public Safety v. FOIC, 2009 Conn. Super. LEXIS 2872 (2009), the court held that this exemption does not apply to the preparation and dissemination of the grand list of all personal property in a town pursuant to Conn. Gen. Stat. §12-55.

58. Conn. Gen. Stat. §4-258(a)(4) exempts from disclosure "registration information" regarding a sexual offender "the dissemination of which has been restricted by court order."  See also Dep't of Public Safety v. FOIC, 2009 Conn. Super. LEXIS 805 (2009) (holding that this must be determined on a case-by-case basis).