Appendix F – Statutes Affecting Disclosure

Within this Section

    This appendix lists Oregon statutes incorporated into ORS 192.502(9) that may affect public disclosure, as well as some exemptions stated in other sections of the Public Records Law that are specific to a particular agency. It is not an exhaustive list. Also, some of these statutes are applicable only under certain circumstances; some are conditional; and some are merely permissive. Check the language of the statutes to determine the scope of any potential exemption.

    1.180 Court security improvement plans Judicial Department (OJD)
    1.303(6) Disability information OJD – Judicial Fitness & Disability Commission
    1.425 (2) Disability information OJD – Judicial Fitness & Disability Commission
    1.440 Records, files, papers and communications OJD – Judicial Fitness & Disability Commission
    3.450 Drug court program records OJD (Circuit Courts)
    7.211 Adoption proceedings OJD
    9.080(2)(a) Liability Fund claims Oregon State Bar (OSB)
    9.568(3) Lawyers Assistance Committee or Personal and Practice Management Assistance Committee OSB
    10.215 Jury lists, source lists OJD – State Court Administrator
    18.048(2) Name and address of the person to whom restitution is ordered OJD
    25.020(8) Child support – financial information Department of Justice (DOJ) – DCS
    25.260 Information designated as confidential under federal law DOJ, District Attorneys
    25.792 Employee hiring or rehiring information DOJ
    36.220 Mediation materials General
    36.230 Mediation agreements General
    40.225 Client communication General
    40.230 Patient communication General
    40.235 Patient communication General
    40.240 Patient communication General
    40.245 Student communication General
    40.250 Client communication General
    40.255 Spouse communication General
    40.260 Penitent communication General
    40.262 Client communication General
    40.265 Employer communication General
    40.270 Exempt public record General
    40.272 Hearing impaired communication General
    40.273 Non-English speaker communication General
    40.275 Identity of informant in criminal investigation General
    41.675 Hospital committee materials on training, supervision and staff discipline General
    41.685 Program data concerning emergency medical technicians General
    56.100 EDP programs and media used to store Business Registry information Secretary of State (SOS)
    90.771 Information regarding landlord/tenant disputes Housing and Community Services Department
    94.974 Membership campgrounds Real Estate Agency
    97.977(4) Anatomical donor registry Oregon Department of Transportation (ODOT) – DMV
    107.179(4) Child custody communications; mediation General
    107.600 Domestic relations conciliation communications OJD
    107.785 Domestic relations mediation records/proceedings OJD
    107.840 Social Security Numbers in petitions for marital annulment, dissolution or separation OJD
    109.308 Confidentiality of petitioners’ names/address in adoption proceeding OJD
    109.440 Any confidential information in adoption proceeding General
    109.445 Information acquired by any voluntary adoption registry Department of Human Services (DHS); Licensed adoption agency
    109.503 Adoption information used in search for birth parents DHS; licensed adoption agency
    109.767(5) Information acquired in child custody proceeding OJD
    118.525 Inheritance tax records Department of Revenue (DOR)
    124.075 Identity of person reporting elder abuse DHS; Oregon State Police (OSP)
    124.085 Catalog of elder abuse complaints and investigative reports DHS
    124.090 Elder abuse investigative records – names of the public or private official who made the complaint, witnesses and the elderly persons DHS
    125.240(2) Professional fiduciary criminal records checks OJD
    133.723 Application for interception of communications OJD
    135.139 HIV tests of certain convicted persons and crime victims General
    135.155 Record of preliminary hearing and statement of defendant OJD
    137.077 Presentence reports OJD
    146.184 Identifying information about a missing person General
    146.780 Records of injuries resulting from abuse Medical Examiner or DA
    147.115 Crime victim compensation records DOJ; Department of Consumer & Business Services (DCBS) – Worker’s Compensation Board
    151.495 Information from person requesting counsel to verify indigency OJD
    161.336 Reports, medical, social and criminal histories Psychiatric Security Review Board
    165.673 Phone numbers produced by pin register or trap and trace device OSP; Law Enforcement
    166.412(7) Firearm information; information during request for criminal record check OSP
    171.778 Complaint/government ethics Government Ethics Commission (OGEC)
    173.230 Matters submitted in confidence Legislature
    173.455 Confidential draft measures Legislature
    173.850 Individually identifiable information from DOR records Legislature
    173.855 Confidential draft measures Legislature
    176.309 Records of the disability panel (except for panel’s determination) Governor
    176.765 Energy resource information compiled for emergency plan Governor
    177.180 Reports or complaints about government agency or public official submitted to SOS through Government Waste Hotline or other method SOS
    179.495 Written accounts of inmates at DOC institution that are held/maintained by DOC Department of Corrections (DOC)
    179.505 Written accounts of health service provider pertaining to inmate General
    180.075 Information obtained under subpoena DOJ
    180.320 Information necessary to establish child support obligation or paternity DOJ / DCS
    181.085 Blood samples, autoradiographs, physical evidence, information from DNA database OSP
    181.534 Criminal records compiled for authorized agencies doing background checks OSP
    181.537 Criminal offender information DHS / Oregon Health Authority (OHA)
    181.548 Fingerprints, photos, records, reports OSP
    181.592 Sex offender information OSP
    181.675 Photographs of public safety officers Department of Public Safety Standards & Training (DPSST)
    181.852 Information about undercover law enforcement officers Law Enforcement
    181.854 Personnel investigation information regarding public safety employees General
    181.854 Public Safety Officer Photo General
    181.860 Peer support counseling information General
    190.050 Geographic databases of intergovernmental groups General (Intergovernmental groups)
    192.447 Public employee ID card or badge General
    192.517 Records of individual with disability or mental illness General
    192.537 Genetic test/DNA information – research General
    192.539 Health Record – identifying information General
    192.555 Private loan records provided to Treasurer in connection with state investment Treasurer
    192.650 Minutes of executive session General
    192.660 Executive session records relating to licensee or applicant conduct of health regulatory board or State Landscape Architect Board General
    192.844 Address Confidentiality Program applicant information General
    194.152(4) Notarial journal activities SOS or notary public who is public employee
    242.722 Civil service commission examination records General
    243.960 Information re applicant for benefits under Public Safety Memorial Fund DPSST
    244.260 Government ethics complaint and investigation information OGEC
    247.965 Residence address of elector County Clerk
    247.973 Voter registration card – signature SOS, ODOT or designated voter registration agency
    251.145 Voters’ pamphlet material (for limited duration) SOS
    251.430 Voters’ pamphlet material (for limited duration) SOS
    268.357 Software product programming source codes, object codes, and geographic databases or systems Metropolitan Service Districts
    279B.060(6) Competitive sealed proposals General
    279B.110 Confidential information furnished by a bidder or proposer General
    279C.410(1) Contract proposals General
    279C.815 Reports and returns submitted to BOLI for determination of prevailing rate of wage Bureau of Labor & Industries (BOLI)
    279C.850 Contractor/subcontractor payroll records BOLI
    285C.615 Annual participant reports Oregon Business Development Department
    285C.620 Applicant form and negotiations between applicant and county Oregon Business Development Commission
    286A.190 Records of bond ownership State Treasurer
    291.223 Budget estimates Legislature
    295.018(8) Collateralization requirement for bank depository, amount of collateral in records of Treasury Treasurer, State or Local
    297.060 Tax information for audits SOS
    305.192 Books/papers by owner for appraisal of industrial plants DOR
    308.290 Personal property tax returns DOR
    308.411(4) Industrial plant – value appraisal DOR or County Assessor
    308.413 Appraisal information submitted in confidence DOR
    308A.074 Wasteland application County Assessor
    308A.077 Application to qualify nonexclusive farm use zone farmland County Assessor
    314.835(1) Particulars of income tax forms (e.g.; income expense, deduction, exclusion or credit) DOR
    314.860 Elderly rental assistance information DOR
    319.190(2) Vehicle fuel dealer reports ODOT
    320.340 State transient lodging tax records DOR
    321.682(1) Forest products harvest tax information DOR
    326.565 Student records Department of Education (ODE) / Board of Education
    326.589 Social Security number of community college student ODE / Board of Education
    332.061(2) Confidential student information used in hearing to expel minor student ODE / District School Boards
    337.288(7) Eligibility for donated books ODE
    339.323(1) Criminal offender information ODE
    339.326(6) Information in education record of transfer student ODE
    339.378 Report of child abuse or sexual conduct ODE
    339.388(5) Report of child abuse or sexual conduct ODE
    339.388(8) Personally identifiable student information in school employee disciplinary record ODE
    341.290(17) Faculty records relating to conduct, personal and academic evaluations, disciplinary actions ODE / Board of Education
    342.176 Investigation information Teacher Standards & Practices Commission (TSPC)
    342.850 Teacher evaluation, personnel files ODE
    344.530 Vocational rehabilitation information and records DHS – OVRS
    344.600 Vocational rehabilitation reports DHS – OVRS
    346.150 Records, papers, files, communications of the Commission Commission for the Blind
    346.165 Contents of the register of persons who are blind Commission for the Blind
    346.167 Lists or names connected with administration of programs administered by Commission for the Blind Commission for the Blind
    348.710 Oregon Growth Account records Treasurer
    348.867 Beneficiary account information held by Oregon 529 College Savings Board Treasurer
    351.065 Higher education personnel staff records Board of Higher Education
    351.070(4) Student education records Board of Higher Education
    367.804(5) Oregon Innovation Partnership records – information related to transportation project ODOT
    367.804(6) Oregon Innovation Partnership records – sensitive business, commercial or financial information ODOT
    383.025 Private-public transportation project study ODOT
    403.135 Automatic telephone number identifications received by public safety answering points Office of Emergency Management
    408.425 Military discharge records Department of Veterans’ Affairs
    409.225 Child welfare records containing individually identifiable information DHS – CAF
    409.230 Information relating to a child’s history and prognosis that indicates clear or immediate danger DHS – CAF
    410.150 Public aid and services – recipient applicant information DHS – SPD
    410.480 Home health services recipient information DHS – SPD; area agencies on aging
    410.535 Long-term care client information DHS – SPD
    411.320 Public assistance records DHS – DMAP
    411.335 List of names of persons receiving public assistance DHS
    412.074 Records of temporary assistance for needy families program (TANF) DHS – DMAP
    412.094 Records of parents of children receiving TANF DHS – DMAP
    414.390 Identifying information collected by Drug Use Review Board DHS – AMH
    417.815 Criminal offender information DHS – Office of Children’s Advocate
    418.250 Records of child-care agencies pertaining to children under custody of the state DHS – CAF
    418.642 Confidential information about person who maintains foster home DHS – CAF
    418.714(10) Information held/used by Domestic Violence Fatality Review Team DHS – CAF
    418.747(5) Criminal history information related to placement of a child DHS – CAF
    418.794 Advisory Council on Child Abuse Assessment videotapes DHS – CAF
    418.795 Child Fatality Review Team records DHS – CAF
    419A.100 Information reviewed for action/recommendation by local Citizens Review Boards Local citizens review boards
    419A.102 Information reviewed for action/recommendation by local Citizens Review Boards General
    419A.170 Records acquired or reviewed by court appointed special advocates CASA Volunteer Program
    419A.255 Record of juvenile case OJD
    419A.257 Record of juvenile case OJD
    419A.262 Expunged information from juvenile record General
    419B.035 Child abuse reports/records DHS – CAF
    421.213 Inmate transfer records DOC
    423.430 Ombudsman complaints/information DOC
    423.440 Ombudsman testimony – privileged DOC
    426.160 Commitment hearing transcripts OJD
    426.370 Commitment investigation information DHS – AMH
    430.475 Drug evaluation results DHS – AMH
    430.763 Mentally ill or developmentally disabled abuse reports DHS – AMH
    431.627 Data received or compiled by the State Trauma Advisory Board OHA
    431.635 Information in Oregon Trauma Registry OHA
    431.966 Information in Prescription Monitoring Program DHS – PHD
    432.121 Vital records and reports in the custody of the State Registrar of the Center for Health Statistics DHS – PHD
    432.337 Abortion and fetal death reports DHS – PHD
    432.408 Record of dissolution of marriage judgment or dissolution of domestic partnership judgment General
    432.412 Marriage and divorce records General
    432.420 Adoption records DHS – PHD
    432.430 Foundling reports DHS – PHD
    432.530 Cancer registry system information OHA
    433.008 Identity of persons with communicable/reportable disease OHA; local public health administrator
    433.045(3) HIV test subject, identity results General
    433.075 HIV (AIDS) test results General
    433.123 Information related to a petition for quarantine General
    433.423(2) Identity of persons affected with or exposed to OHA
    441.055 Board of Medical Examiners peer review information OHA
    441.057 Health care facility care; investigation or complaint information OHA
    441.057(7) Complaint information DHS – PHD
    441.113 Long-term care residents and complaints DHS – SPD
    441.650(7) Long-term care patient abuse records DHS
    441.660 Long-term care patient abuse investigation photos DHS
    441.671 Long-term care patient abuse records DHS
    442.745 Information disclosed by party to cooperative program agreement OHA
    442.846(1) Patient safety data and reports Oregon Patient Safety Commission
    443.355(3) Complaint information OHA
    444.330 Diabetes in children OHA
    459A.050(7) Annual recycling reports Department of Environmental Quality (DEQ)
    461.180(6) Operations of Oregon State Lottery subject to study and evaluation Lottery
    465.015(6) Hazardous waste reduction plans DEQ
    465.250(5) Hazardous waste trade secrets DEQ
    465.300 Financial assistance request records for cleanup costs DEQ
    466.060(2) Certain information in waste treatment or disposal permit application DEQ
    466.090 Certain hazardous waste information DEQ
    466.800 Certain information regarding underground storage tanks DEQ
    468.095(2) Pollution control information DEQ
    468.963 Environmental audit report General
    469.090 Energy producer records Department of Energy (DOE)
    469.560(2) Certain information on regulation of energy facilities DOE
    475.331 Primary caregivers registry OHA
    476.090 Investigation testimony OSP – SFM
    517.705 Mineral production records Department of Geology & Mineral Industries (DOGAMI)
    520.097 Well reports DOGAMI
    522.365 Geothermal well reports DOGAMI
    537.762(4) Well reports Water Resources Department
    571.057(2) Nursery license application Department of Agriculture(ODA)
    583.086(1) Milk handlers records audit ODA
    583.490(3) Milk marketing referendum records ODA
    618.506(2) Security seal violation notice General (District Attorney or Attorney General)
    633.077(2) Commercial feed tests ODA
    633.364 Fertilizer registration information ODA
    634.550 Medical information ODA
    646.574 Do-not-call list registrant information DOJ
    646.632(2) Trade practice violation notice DOJ
    646.836 Antitrust information DOJ
    646A.164 Complaints re: service contracts DCBS – INS
    654.062(4) Complaint of employer safety or health violation DCBS – INS
    654.067 Advance notice of inspections under Oregon Safe Employment Act DCBS
    654.120 Employer report of safety and health hazard evaluations DCBS – OSHA
    656.248(5) Medical services provider information State Accident Insurance Fund Corporation (SAIF)
    656.327(4) Medical panel records SAIF
    657.665 Information other than for SSA and federal unemployment tax purposes Employment Department (OED)
    657.732 Statistical and demographic data used to enhance Oregon’s workforce system OED
    657.734 Individual record information OED
    659A.218 Whistleblower identity General
    660.318 Workforce investment records Community Colleges & Workforce Development
    660.339 Workforce investment records Community Colleges & Workforce Development
    671.550(2) Landscape contractor investigation records Landscape Contractors Board
    673.415 Signature block of income tax return DOR
    673.710 Names and addresses of tax preparers DOR
    673.730(3) Investigation information Board of Tax Practitioners
    675.075 Investigatory information on licensee or applicant conduct Board of Psychologist Examiners
    675.300 Investigatory information on licensee or applicant conduct Occupational Therapy Licensing Board
    675.540(4) Criminal offender information Board of Licensed Social Workers (BLSW)
    675.580 Client communications BLSW
    675.583 Violation of professional standards information BLSW
    675.585 Complaint information BLSW
    675.745 Criminal offender information Board of Licensed Professional Counselors & Therapists
    675.765 Client information complaints Board of Licensed Professional Counselors & Therapists
    676.165 Investigatory information on licensee or applicant conduct Health professional regulatory boards
    676.175 Investigatory information on licensee or applicant conduct Health professional regulatory boards
    676.177 Investigatory information on licensee or applicant conduct General
    676.195 Impaired Health Professional Program reports to health professional licensing boards OHA
    676.195(3) Report from the impaired health professional program OHA
    676.405(2) Licensee information General
    676.410(4) Healthcare workforce information Office for Oregon Health Policy and Research
    677.425 Investigatory information on licensee or applicant conduct Medical Board (OMB)
    678.126(1) Investigatory information on licensee or applicant conduct Board of Nursing
    678.725 Complaints Health Licensing Agency
    679.140(9) Investigatory information on licensee or applicant conduct Board of Dentistry
    679.280(1) Investigatory information on licensee or applicant conduct Board of Dentistry
    679.320 Complaint information Board of Dentistry
    681.440 Investigatory information on licensee or applicant conduct Board of Examiners for Speech-Language Pathology & Audiology
    682.220 Investigatory information regarding ambulance services OHLA
    683.165(1) Investigatory information on licensee or applicant conduct Board of Optometry
    683.335(2) Investigatory information on licensee or applicant conduct Board of Optometry
    684.100(10) Criminal offender information Board of Chiropractic Examiners (OBCE)
    684.185(7) Peer review information OBCE
    685.115 Investigatory information on licensee or applicant conduct Board of Naturopathic Medicine (0BNM)
    685.205(6) Peer review information 0BNM
    686.135 (3) Investigatory information on licensee or applicant conduct Veterinary Medical Examining Board
    687.081(9) Investigatory information on licensee or applicant conduct Board of Massage Therapists
    687.490 Midwife conduct information OHLA; Board of Direct Entry Midwifery
    688.230 Investigatory information on licensee or applicant conduct Physical Therapist Licensing Board
    688.525(3) Investigatory information on licensee or applicant conduct Board of Radiologic Technology (OBRT)
    688.605 Investigatory information on licensee or applicant conduct OBRT
    689.455 Investigatory information on licensee or applicant conduct Board of Pharmacy
    691.585(1) Investigatory information on licensee or applicant conduct Board of Examiners of Licensed Dieticians
    692.180(5) Investigatory information on licensee or applicant conduct Mortuary & Cemetery Board
    692.230(4) Investigatory information on licensee or applicant conduct Mortuary & Cemetery Board
    697.732 Debt consolidation violations DCBS – DFCS
    701.246 License certificate applications Construction Contractors Board
    703.473 Investigator client files and personal information DPSST
    703.480 Investigation information DPSST
    705.137 Regulatory records DCBS
    706.720 Reports/investment information/stockholder lists DCBS – DFCS
    706.730 Depositors and amounts DCBS – DFCS
    723.118 Credit Union Records DCBS – DFCS
    731.264 Complaints and investigation data DCBS – INS
    731.312 Insurance Records DCBS – INS
    731.750 Insurance Records DCBS – INS
    731.752 Insurance Records DCBS – INS
    731.761 Insurance Records DCBS – INS
    731.762 Insurance Records DCBS – INS
    732.230 Insurance Records DCBS – INS
    734.650 Insurance Records DCBS – INS
    734.830 Insurance Records DCBS – INS
    735.425 Insurance Records DCBS – INS
    735.430(1) Insurance Records DCBS – INS
    743.018 Insurance Records DCBS – INS
    744.079(9) Insurance agent terminations DCBS – INS
    744.087 Compensation agreements DCBS – INS
    744.346 Life settlement provider, policyholder identification DCBS – INS
    756.075(4) Utility and carrier investigation records Public Utility Commission
    777.793 Commercial or financial information Export trading corporations
    777.795 Commercial or financial information Export trading corporations
    802.177 Name, address, telephone number, driver license, permit and identification card number ODOT – DMV
    802.181 Anatomical donation information ODOT – DMV
    802.195 Social security numbers ODOT – DMV
    802.220(1) Anatomical donation information ODOT – DMV
    807.115 Duplicate images of DMV photographs ODOT – DMV
    807.710(5) Medical impairments and health care provider reports ODOT – DMV
    807.725 Info submitted by person issued fictitious driver license or ID card ODOT – DMV
    824.082(2) Hazardous material transport ODOT – DMV
    Notes following ORS 342.175 §§ 5, 7 Teacher discipline records TSPC
    Notes following ORS 459A.695 (§ 7) Data reported to stewardship organization DEQ
    Or Laws 2001, ch 915 § 2, as amended by Or Laws 2009, ch 572 § 2 Data from pesticide use reporting system ODA
    Or Laws 2007, ch 838 § 3, as amended by Or Laws 2009, ch 595 §§ 1157 Individually identifiable health information provided to the Oregon Health Care Acquired Infection Reporting Program Office of Health Policy and Research
    Or Laws 2009, ch 837, § 8(5) Abuse reporting for adults with mental illness or developmental disabilities (county multidisciplinary teams) DHS – AMH