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4. Personally identifying information

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  • Alabama

    There is no statutory or case law addressing this issue in the context of personnel reports, but the Alabama attorney general has stated that this information may be redacted from other types of public records. Op. Att'y Gen. Ala. No. 2006-134, 2006 Ala. AG LEXIS 97 (Aug. 17, 2006) (home addresses, telephone numbers, and marital status of individual may be removed from National Fire Incident Reporting Systems forms); see also Ala. R. Civ. P. 5.1.

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  • Alaska

    In numerous instances catalogued in this outline, various pieces of personally identifying information are exempted from presumptive disclosure requirements by virtue of specific statutory provisions. In general, where disclosure of personal information is not expressly exempted by a provision of the public records act or other authorities incorporated in it, the records are disclosable unless the information at issue is intimate and sensitive personal information and the individual’s interest in privacy outweighs the public’s interest in disclosure.

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  • Arizona

    The Arizona Public Records Law does not require “disclosure from a personnel file by a law enforcement agency or employing state or local governmental entity of the home address or home telephone number of eligible persons.”  A.R.S. § 39-123(A); see A.R.S. § 39-123(F)(4) (defining “eligible person” to include, among others, “a peace officer, . . . justice, judge, commissioner, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member” and domestic violence victims).  In addition, a law enforcement agency can only release a photograph of a peace officer under certain specified conditions.  A.R.S. § 39-123(C).

    The names of prospects for university president, and presumably other high-level positions in public agencies, are confidential as revealing this information “could chill the attraction of the best possible candidates for the position.”  Ariz. Bd. of Regents v. Phoenix Newspapers, 167 Ariz. 254, 258, 806 P.2d 348, 352 (1991).  But “[c]andidates who actively seek a job run the risk of their desire becoming public knowledge” and therefore their names can be released to the media.  Id.

    “The identity of executioners and other persons who participate or perform ancillary functions in an execution and any information contained in records that would identify those persons is confidential and is not subject to disclosure” to the public.  A.R.S. § 13-757(C).

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  • Arkansas

    Personally identifying information is not generally exempt from disclosure. See, e.g., Ark. Op. Att’y Gen. Nos. 98-131 (identification photos of employees will not usually be exempt). Personnel records are exempt only “to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy.” Ark. Code Ann. § 25-19-105(b)(12). The fact that the employee may consider release of the information invasive of his or her privacy is not relevant. Ark. Op. Att’y Gen. Nos. 2005-058, 2003-027, 2001-169, 98-152, 98-101, 98-001, 97-079, 97-034, 96-222, 96-193. Some personally identifying information is closed. See, e.g., Ark. Code Ann. § 25-19-105(b)(13) (home addresses of non-elected employees), Ark. Op. Att’y Gen. Nos. 2007-064 (dates of birth), 2007-025 (driver’s license numbers), 2006-035 (Social Security numbers).

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  • California

    With respect to public employees, with some exceptions, “[t]he home addresses, home telephone numbers, personal cellular telephone numbers, and birthdates of all employees of a public agency shall not be deemed to be public records and shall not be open to public inspection…” Cal. Gov’t Code § 7928.300(a), Likewise, with some exceptions, “[u]nless used by the employee to conduct the public business, or necessary to identify a person in an otherwise discloseable communication, the personal email address of all employees of a public agency shall not be deemed to be public records and shall not be open to public inspection.”  Cal. Gov’t Code § 7928.300(b)(1). Additionaly, “[n]o state or local agency shall post the home address or telephone number of any elected or appointed official on the internet without first obtaining the written permission of that individual.” Cal. Gov’t Code § 7928.205.

    With respect to private citizens, “electronically collected personal information, as defined by [Government Code] Section 11015.5, that is received, collected, or compiled by a state agency” is not required to be disclosed under the CPRA.  Cal. Gov’t Code § 7927.400. Under Section 11015.5(d)(1) “‘[e]lectronically collected personal information’ means any information that is maintained by an agency that identifies or describes an individual user, including, but not limited to, his or her name, social security number, physical description, home address, home telephone number, education, financial matters, medical or employment history, password, electronic mail address, and information that reveals any network location or identity, but excludes any information manually submitted to a state agency by a user, whether electronically or in written form, and information on or relating to individuals who are users serving in a business capacity, including, but not limited to, business owners, officers, or principals of that business.” Cal. Gov’t Code § 11015.5(d)(1). However, this definition may not be construed “to permit an agency to act in a manner inconsistent with the standards and limitations adopted pursuant to the California Public Records Act…” Cal. Gov’t Code § 11015.5(e).

    The CPRA also authorized the redaction of personal identifying information from certain records. See, e.g., Cal. Gov’t Code § 7923.805 (exempting from disclosure home address, telephone number of judicial or peace officers on applications and licenses to carry firearms).

    In Lorig v. Medical Bd., 78 Cal. App. 4th 462, 468, 92 Cal. Rptr. 2d 862 (2000), the court held that it was not an unwarranted invasion of privacy to disclose the home addresses of state-employed physicians who voluntarily used their home address as their “address of record.”

    Moreover, the non-disclosure requirements of the Information Practices Act, which does protect personal identifying information contained in agency records, expressly does not apply to disclosures pursuant to the CPRA. See Cal. Civ. Code § 1798.25(g).

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  • Colorado

    Yes. No privacy interest in individual's names or amounts paid under severance program unless disclosure would do substantial injury to the public interest by invading the employee's constitutional privacy rights. Freedom Newspapers, Inc. v. Tollefson, 961 P.2d 1150, 1154, 1157 (Colo. App. 1998)

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  • Connecticut

    Conn. Gen. Stat. §1-217 prohibits public agencies from disclosing the home addresses of various federal, state and local government officials and employees.  See alsoComm’r of Pub. Safety v. Freedom of Info. Comm’n, 301 Conn. 323 (2011) (holding that Conn. Gen. Stat. §1-217 applies to motor vehicle grand lists and effectively supersedes Conn. Gen. Stat. §14-163).  The disclosure of such records also could constitute an “invasion of privacy.”  See Records Outline at V.A.2.b.

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  • Delaware

    The disclosure of personal identifiers like home address, telephone number, e-mail address, user ID number or password, etc. may be redacted from files before being made public. Del. Op. Att’y Gen., No. 06-ib17 (Aug. 21, 2006).

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  • District of Columbia

    In general, under D.C. Code Ann. § 2-534(a)(2), "[i]nformation of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy" is exempt from disclosure.

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  • Florida

    United States Census Bureau Information.  Fla Stat. § 119.071(1)(g)(1) provides:

    United States Census Bureau address information, including maps showing structure location points, agency records that verify addresses, and agency records that identify address errors or omissions, which is held by an agency pursuant to the Local Update of Census Addresses Program authorized under 13 U.S.C. s. 16, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

    Social Security Numbers.  Fla Stat. § 119.071(5)(a)(5) provides that: “Social security numbers held by an agency are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.”  However, the statute contains a number of exceptions which allow for disclosure.  Fla. Stat. § 119.071(5)(a)(6)(a)-(h) (2020).

    Bank Account Information.  Fla Stat. § 119.071(5)(b) provides that: “Bank account numbers and debit, charge, and credit card numbers held by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.”

    Government-Sponsored Activities for Children.  Fla Stat. § 119.071(5)(c)(2) provides that: “Information that would identify or locate a child who participates in a government-sponsored program is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.”  Information that would locate the parent or guardian of a child who participates in a government-sponsored recreation program is also exempt. Fla Stat. § 119.071(5)(c)(3).

    Record Supplied to Telecommunication Companies.  Fla Stat. § 119.071(5)(d) provides that: “All records supplied by a telecommunications company, as defined by s. 364.02, to an agency which contain the name, address, and telephone number of subscribers are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.”

    Ridesharing Arrangements.  Fla Stat. § 119.071(5)(e) provides that: “Any information provided to an agency for the purpose of forming ridesharing arrangements, which information reveals the identity of an individual who has provided his or her name for ridesharing, as defined in s. 341.031, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.”

    Information Provided by Applicants for or Participants in Housing Assistance Programs.  Medical history records and information related to health or property insurance provided by an applicant for or a participant in a housing assistance program, as well as property photographs and personal identifying information of an applicant or participant in a housing assistance program for the purpose of disaster recovery assistance, are exempt from Chapter 119. Fla. Stat. § 119.071(5)(f)(1)(a)-(b) (2020).

    Biometric Identification Information.   Fla Stat. § 119.071(5)(g) provides that: “Biometric identification information held by an agency before, on, or after the effective date of this exemption is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.”  Biometric information includes any record of friction ridge detail, fingerprints, palm prints, and footprints.  See id.

    Paratransit Services.  Fla Stat. § 119.071(5)(h)(1) provides that: “Personal identifying information of an applicant for or a recipient of paratransit services which is held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.”

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  • Georgia

    The Act generally exempts from public disclosure, albeit with a news media requester exception, an individual's Social Security number, mother's birth name, debit and credit card information, bank account information, financial data or information, insurance or medical information, etc. in all records. O.C.G.A. § 50-18-72(a)(20).  The Act likewise restricts, without a news media exception, access to certain sensitive identifying information concerning public employees.  O.C.G.A. § 50-18-72(a)(21). Also exempt from disclosure is certain identifying information of foster parents and former foster parents, O.C.G.A. § 50-18-72(a)(20.1), and of school bus drivers, O.C.G.A. § 50-18-72(a)(25.2).

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  • Hawaii

    Generally, an individual has a significant privacy interest in the information in his or her application for employment in a governmental position. See Haw. Rev. Stat. § 92F-14(b)(4). As such, OIP has determined that individually identifiable information about unsuccessful employment applicants, including their applications and exam scores, must be kept confidential because this information is protected by the exception to disclosure for “[g]overnment records which, if disclosed, would constitute a clearly unwarranted invasion of personal privacy.” Haw. Rev. Stat. § 92F-13(1); see also Executive Search Committee Report, OIP Op. Ltr. No. 89-2 (Oct. 27, 1989) (names of individuals recommended for selection in executive search report but who were not ultimately appointed to position); Certified List of Eligibles OIP Op. Ltr. No. 90-14 (Mar. 30, 1990) (identity of individuals on certified list of eligible appointees who were not appointed); Names of Nominees For Boards and Commissions, OIP Op. Ltr. No. 91-8 (June 24, 1991) (commission and board applications). The “frustration of a legitimate government function” exception may also be invoked to withhold the names of individuals who are eligible for appointment to a governmental position but ultimately not appointed. See Haw. Rev. Stat. § 92F-13(3); Certified List of Eligibles OIP Op. Ltr. No. 90-14 (Mar. 30, 1990). However, certain information on an application form that would not result in the “likelihood of actual identification” must be made available for public inspection. See Job Eligibles List and Unsuccessful Job Applicants Information, OIP Op. Ltr. No. 95-2 (Jan. 19, 1995).

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  • Idaho

    Information relating to a public employee or applicant’s sex, race, marital status, birth date, home address and telephone number may not be disclosed without the employee’s or applicant’s written consent.  Idaho Code § 74-106(1).  Vital statistic records are specifically exempt.  Idaho Code § 74-106(4)(e).

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  • Illinois

    Closed.  5 ILCS 140/2; 5 ILCS 140/7(1)(b). Exempt is “private information, which “means unique identifiers including a person’s social security number, driver’s license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses, as well as home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person.” 5 ILCS 140/2(c-5).

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  • Indiana

    Certain personally identifiable personnel information must be provided under Indiana Code Section 5-14-3-4(b)(8): the name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience, dates of first and last employment of present or former officers or employees of the agency, information relating to the status of any formal charge against the employee, and information about disciplinary actions in which final action has been taken and resulted in the employee being disciplined.

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  • Iowa

    Confidential.

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  • Kansas

    Information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy is excepted. K.S.A. 45-221(a)(30).  The definition of “clearly unwarranted invasion of personal privacy” is in K.S.A. 45-217(b).  Social security numbers, mothers' maiden names, and dates of births from “recorded instruments” may be discretionarily withheld.  Data Tree, LLC v. Meek, 279 Kan. 445, 466 (2005).  Public employee home addresses may be closed.  Kan. Att’y Gen. Op. 97-52.  In 2006, the Attorney General found:

    “Because law enforcement officers will often have heightened concerns about privacy due to safety and work considerations, in most instances identifying information such as photographs, home address, home telephone number and identity of family members of an officer may be lawfully closed pursuant to K.S.A. 2005 Supp. 45-221(a)(30). K.S.A. 2005 Supp. 45-221(a)(4) may also allow a public agency to close such identifying information of a public law enforcement officer who is an employee of the agency.”

    Kan. Att’y Gen. Op. 2006-8.

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  • Kentucky

    The Open Records Act exempts “records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.” Ky. Rev. Stat. 61.878(1)(a). As such, agencies may redact information such as home address, telephone number, date of birth and Social Security number in records that are otherwise nonexempt. Ky. New Era v. City of Hopkinsville, 415 S.W.3d 76 (Ky. 2013); Ky. Rev. Stat. 61.878(4); 93-ORD-118; 95-ORD-151.

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  • Louisiana

    Such records should be treated as a public record and should be produced to a requester absent an applicable exemption, if they otherwise fall within the definition of “public record.” The Act contains numerous exemptions for these types of records, such as for the home addresses and telephone numbers of public employees and their bank account information, social security numbers of public employees, medical records of current or former public employees, etc. La. Rev. Stat. Ann. § 44:4(11)(A), (11)(C), (12) and (15).

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  • Maine

    A public employee’s personal contact information – home address, home telephone number, home facsimile number, home e-mail address and personal cellular telephone number and personal pager number – is confidential. 1 M.R.S.A. § 402(3)(O). This exemption does not apply to elected officials; their personal contact information remains public.

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  • Maryland

    Personal identification information (e.g., income, address, phone number, Social Security number, etc.) is considered sociological data.  COMAR 12.11.02.02B(13).  If the agency has adopted rules or regulations that define sociological information, then the custodian shall deny inspection of the part of the public record containing sociological information. § 4-330. The PIA does not delineate the type of information subject to this exemption. Rather, the agency must define what constitutes sociological information by regulation before access to such information may be denied. Id.  In addition, information that identifies an individual by an identifying factor is protected from disclosure by § 4-401. Identifying factors include: address, description, finger or voice print, number, or picture. §§ 4-401, -501. However, access may be permitted for research purposes. § 4-501(c)(5)(iv).

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  • Massachusetts

    Names, home addresses, and job classifications of a group of employees is not exempt; rather, under exemption (c), those facts constitute “other materials or data,” and are not “intimate details” of a “highly personal” nature.  Pottle v. Sch. Comm. of Braintree, 395 Mass. 861, 865 (1985); Wakefield Teachers Ass’n, 431 Mass. at 801; see also Cape Cod Times v. Sheriff of Barnstable Cty., 443 Mass. 587. 823 N.E.2d 375 (2005) (requiring disclosure of names and addresses of county’s reserve deputy sheriffs).

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  • Michigan

    Not specifically addressed.

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  • Minnesota

    Certain personally identifying information regarding current and former public employees, volunteers and independent contractors is considered public data, including: name; employee identification number (which cannot be the employee's Social Security number); job title and bargaining unit; job description; education and training background; and previous work experience; and the date of first and last employment. Minn. Stat. § 13.43, subd. 2.

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  • Mississippi

    Information such as social security numbers, telephone numbers, dates of birth and age information should be removed. Att’y Gen. No. 3-555, Oct. 24, 2003 to Allen. Name, age, gender, and insurance information should be disclosed. Att’y Gen. No. 2009-366, June 26, 2009 to Morgan. Home addresses should be disclosed unless they are for law enforcement personnel. Att’y Gen. No. 2007-514, Oct. 12, 2007 to Brown.

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  • Missouri

    Individually identifiable personal records may be closed. Mo.Rev.Stat. § 610.021(13). Social security numbers must be closed (with limited exceptions). Mo.Rev.Stat. § 610.035.  The government agency receiving a Sunshine Act request must redact the exempt, personal information before releasing the non-exempt information. Mo.Rev.Stat. § 610.024.

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  • Montana

    Social security numbers and birth dates are to be redacted from court records.

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  • Nebraska

    May be withheld. Neb. Rev. Stat. §84-712.05(7).

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  • Nevada

    Generally redacted pursuant to Donrey of Nevada, Inc. v. Bradshaw, 106 Nev. 630 (1990).

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  • New Hampshire

    Lamy v. N.H. Public Utilities Commission, 152 N.H. 106 (2005)(names of residential customers of public utility); Brent v. Paquette, 132 N.H. 415 (1989)(names of school children and their parents).

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  • New Jersey

    N.J.S.A. 47:1A-1 provides, in part:

    a public agency has a responsibility and an obligation to safeguard from public access a citizen’s personal information with which it has been entrusted when disclosure thereof would violate the citizen’s reasonable expectation of privacy; and nothing contained in P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented, shall be construed as affecting in any way the common law right of access to any record, including but not limited to criminal investigatory records of a law enforcement agency.

    N.J.S.A. 47:1A-1.1 provides, in part:

    A government record shall not include the following information which is deemed to be confidential for the purposes of P.L.1963, c. 73 (C.47:1A-1 et seq.) as amended and supplemented:

    personal identifying information received by the Division of Fish and Wildlife in the Department of Environmental Protection in connection with the issuance of any license authorizing hunting with a firearm. For the purposes of this paragraph, personal identifying information shall include, but not be limited to, identity, name, address, social security number, telephone number, fax number, driver’s license number, email address, or social media address of any applicant or licensee;

    *                 *                 *

    that portion of any document which discloses the social security number, credit card number, unlisted telephone number or driver license number of any person; except for use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf thereof, or any private person or entity seeking to enforce payment of court-ordered child support; except with respect to the disclosure of driver information by the New Jersey Motor Vehicle Commission as permitted by section 2 of P.L.1997, c.188 (C.39:2-3.4); and except that a social security number contained in a record required by law to be made, maintained or kept on file by a public agency shall be disclosed when access to the document or disclosure of that information is not otherwise prohibited by State or federal law, regulation or order or by State statute, resolution of either or both houses of the Legislature, Executive Order of the Governor, rule of court or regulation promulgated under the authority of any statute or executive order of the Governor.

    Note: See L. 2020, c. 125 and  2021, c. 24  for amendments to this section and effective dates thereof.

    N.J.S.A. 47:1A-5(a) provides, in part, that prior to allowing access to any government record, the custodian shall redact any information disclosing the social security number, credit card number, unlisted telephone number or driver’s license number of any person, with certain exceptions.

    Note: See L. 2020, c. 125 and  2021, c. 24  for amendments to this section and effective dates thereof.

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  • New Mexico

    “Protected personal identifier information” is exempt.  “Protected personal identifier information” includes “(1) all but the last four digits of a taxpayer identification number, financial account number, or driver’s license number; (2) all but the year of a person’s date of birth; and (3) a social security number.”  NMSA 1978 § 14-2-1(E). This type of information does not exempt the entire document from inspection.  NMSA 1978 § 14-2-1.1.  However, a public body must redact this information from public records before the records are inspected or copied. NMSA 1978 § 14-2-1.1.

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  • New York

    Often this type of information will be redacted from records under FOIL’s “invasion of personal privacy” exemption.

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  • North Carolina

    Only the specifically identified “personnel records” are public.

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  • North Dakota

    Personal information is exempt. N.D.C.C. § 44-04-18.1. Personal information includes a person’s home address; home telephone number or personal cell phone number; photograph; medical information; motor vehicle operator's identification number; public employee identification number; payroll deduction information; the name, address, telephone number, and date of birth of any dependent or emergency contact; any credit, debit, or electronic fund transfer card number; and any account number at a bank or other financial institution. N.D.C.C. § 44-04-18.1.

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  • Ohio

    The U.S. Court of Appeals for the Sixth Circuit and the Ohio Supreme Court have interpreted the federal constitutional right of privacy as barring release of certain kinds of information to at least specific classes of requesters. Kallstrom v. City of Columbus, 136 F.3d 1055 (1998) (names, addresses, drivers licenses of undercover police officers contained in police personnel files when requested by attorney for dangerous criminal defendants); State ex rel. Keller v. Cox, 85 Ohio St.3d 279, 707 N.E.2d 931 (1999) (same); State ex rel. McCleary v. Roberts, 88 Ohio St.3d 365, 725 N.E.2d 1144, 2000-Ohio-345 (home addresses and telephone numbers for minors who applied for identification badges to facilitate use of municipal recreation facilities to requester who posed no threat of harm; State ex rel. Beacon Journal Publishing Co. v. City of Akron, 70 Ohio St.3d 605, 640 N.E.2d 164 (1994) (Social Security numbers to requester who posed no threat of harm).

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  • Oklahoma

    A public body shall keep confidential the home address, telephone number and social security number of any person employed or formerly employed by the public body. 51 O.S. § 24A.7(D). The Oklahoma Attorney General issued an opinion that greatly expanded the definition of personally identifying information, holding that a “public body has discretion to determine that disclosing a personnel record indicating the date of birth of an employee of the public body is an “unwarranted invasion of [the] personal privacy” of the employee under the Open Records Act. In making such a determination, the public body must weigh the employee’s interest in nondisclosure against the public’s interest in disclosing the record. If the public body determines that the employee’s interest in nondisclosure is greater, it may keep the birth date confidential and disclose the remainder of the personnel record.” 2009 OK AG 33. However, the Oklahoma Supreme Court has held that release of birth dates and employee identification number of state employees would constitute a clearly unwarranted invasion of personal privacy. Okla. Public Employees Assoc. v. State ex rel Okla. Office of Personnel Management, 2011 OK 68.

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  • Oregon

    ORS 192.355(2) (formerly 192.502(2)) exempts “[i]nformation of a personal nature such as but not limited to that kept in a personal, medical or similar file, if public disclosure would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance,” and places the burden on the party seeking disclosure to show that disclosure would not be an unreasonable invasion of privacy. However, information in such a file that is not personal or the disclosure of which would not be an unreasonable invasion of privacy is not exempt. Attorney General’s Manual § I(G)(b)(2); see also ORS 192.368.

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  • Pennsylvania

    Records containing personal identifying information must not be disclosed absent redaction. For example, the Commonwealth Court held that the final arbitration awards and orders in union grievance matters are subject to disclosure under the Right to Know Law, so long as personal information was redacted.  See Lutz v. City of Phila., 6 A.3d 669, 676 (Pa. Cmmw. 2010).

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  • Rhode Island

    Personally identifying information is subject to the standard set forth in R.I. Gen. Laws § 38-2-2(4)(A)(I)(b).  R.I. Gen. Laws § 38-2-2(4)(A)(I)(b) permits access to the following information that is identifiable to an individual employee: “the name, gross salary, salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other remuneration in addition to salary, job title, job description, dates of employment and positions held with the state, municipality, employment contract, or public works contractor or subcontractor on public works projects work location, and/or project, business telephone number, the city or town of residence, and date of termination.”

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  • South Carolina

    Personally identifying information in state records may not be used for commercial solicitation. S.C. Code Ann. § 30-2-50.

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  • South Dakota

    Closed. SDCL §1-27-1.5(7).

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  • Tennessee

    Generally open, but closed in several settings E.g., T.C.A. 10-7-504(q),(t). Also Social Security Numbers and driver’s license numbers are always protected T.C.A. 10-7-504(a)(29)(c)(i),(ii). T.C.A. § 4-4-125. In Patterson v. Convention Center Authority, 421 S.W. 3d. 597 (Tenn. Ct. App. 2013), the court ruled residential addresses of employees of third party contractors working on government construction projects were public. In Moncier v. Harris, 2017 Tenn. App LEXIS 165 (Mar. 10, 2017) the court ruled all residential addresses of all persons were confidential information under § 10-7-504(q). The legislature, however, later amended that code section to eliminate addresses from the category of protected information.

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  • Texas

    Section 552.101 specifically excepts information considered to be confidential by law, either constitutional, statutory, or by judicial decision. Abbott v. State Bar of Texas, 214 S.W.3d 604, 606, 609 (Tex. App.—Austin 2007, pet. denied) (State Bar of Texas maintains membership records “for the judiciary,” and therefore, access to such records is governed by Rule 12 rather than the TPIA).

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  • Utah

    a. The names, business addresses, business telephone numbers, gross compensation, job description, gender, etc. of former and present government entity employees are generally public. Utah Code § 63G-2-301(2)(b).

    b. “[E]mployment records concerning a current or former employee of, or applicant for employment with, a governmental entity that would disclose that individual’s home address, home telephone number, social security number, insurance coverage, marital status, or payroll deductions” are private. Id. § 63G-2-302(1)(g).

    c. “[T]hat part of a record indicating a person’s social security number or federal employer identification number” is private. Id. § 63G-2-302(1)(i).

    d. That part of a voter registration record identifying a voter’s driver license or identification card number; Social Security number, or last four digits of the Social Security number; email address; or date of birth. Id. § 63G-2-302(1)(j).

    e. Also exempt from disclosure are (1) “an individual’s home address, home telephone number, or personal mobile phone number, if: (a) the individual is required to provide the information in order to comply with a law, ordinance, rule, or order of a government entity; and (b) the subject of the record has a reasonable expectation that this information will be kept confidential due to: (i) the nature of the law, ordinance, rule, or order; and (ii) the individual complying with the law, ordinance, rule, or order”; and (2) “the name, home address, work addresses, and telephone numbers of an individual that is engaged in, or that provides goods or services for, medical or scientific research that is: (a) conducted within the state system of higher education . . . ; and (b) conducted using animals.” Id. § 63G-2-305(51), (52).

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  • Vermont

    “Personal documents relating to an individual, including information in any files maintained to hire, evaluate, promote, or discipline any employee of a public agency, information in any files relating to personal finances, medical or psychological facts concerning any individual or corporation.”  1 V.S.A. § 317(c)(7).  However, “all information in personnel files of an individual employee of any public agency shall be made available to that individual employee or his or her designated representative.”  Id.

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  • Virginia

    The collection, disclosure, or display of Social Security Numbers in government data systems is governed by Va. Code Ann. § 2.2-3808.

    Social Security Numbers and driver’s license numbers are included in specific exclusions in the Act. See, e.g., Va. Code § 2.2-3705.7.16 (concerning data collected at toll facilities).

    “Personal contact information” including home or business addresses, email addresses and telephone numbers, provided to a public body for purposes of receiving emails from the public body are excluded.  Va. Code Ann. § 2.2-3705.1.10.  The data subject may affirmatively opt out of this exclusion.

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  • Washington

    The residential addresses, telephone numbers, wireless numbers, personal email addresses, social security numbers, and emergency contact information of employees or volunteers of a public agency are exempt from disclosure. RCW 42.56.250(3).

    The Washington Supreme Court has held that the state constitutional right of privacy does not apply to prevent disclosure of public records containing public employees’ dates of birth in connection with their full name. Wash. Pub. Emps. Ass’n v. Wash. State Ctr. for Childhood Deafness & Hearing Loss, 194 Wn.2d 484, 450 P.3d 601 (2019).

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  • West Virginia

    (This section is blank. See the point above.)

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  • Wisconsin

    Personally identifying information concerning “the home address, home electronic mail address, home telephone number or social security number of” public employees or officials must be removed from public records before disclosure. Wis. Stat. § 19.36(10), (11).

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  • Wyoming

    Social security numbers, financial account numbers, and month and day of birth are to be redacted from court and other records.

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