Oregon's Public Records Law [As of 2005 Legislative Session] The text…

Oregon's Public Records Law
[As of 2005 Legislative Session]

The text appearing below was produced from material provided by the Legislative Counsel
Committee of the Oregon Legislative Assembly. The official record copy is the printed published
copy of the Oregon Revised Statutes. The text in the database is not the official text of Oregon law.
Although efforts have been made to match the database text to the official legal text they represent,
substantive errors or differences may remain. It is the user's responsibility to verify the legal
accuracy of all legal text. The Legislative Counsel Committee claims copyright protection in those
parts of Oregon Revised Statutes that are legally subject to copyright protection. The State of
Oregon is not liable for any loss or damage resulting from errors introduced into the materials
supplied by the Legislative Counsel Committee, by a user or any third party, or resulting from any
defect in or misuse of any search software, drivers or other equipment.



INSPECTION OF PUBLIC RECORDS
   192.410 Definitions for ORS 192.410 to 192.505. As used in ORS 192.410 to
192.505:
    (1) "Custodian" means:
    (a) The person described in ORS 7.110 for purposes of court records; or
    (b) A public body mandated, directly or indirectly, to create, maintain, care for or
control a public record. "Custodian" does not include a public body that has custody of a
public record as an agent of another public body that is the custodian unless the public
record is not otherwise available.
    (2) "Person" includes any natural person, corporation, partnership, firm, association
or member or committee of the Legislative Assembly.
    (3) "Public body" includes every state officer, agency, department, division, bureau,
board and commission; every county and city governing body, school district, special
district, municipal corporation, and any board, department, commission, council, or
agency thereof; and any other public agency of this state.
   (4)(a) "Public record" includes any writing that contains information relating to the
conduct of the public's business, including but not limited to court records, mortgages,
and deed records, prepared, owned, used or retained by a public body regardless of
physical form or characteristics.
    (b) "Public record" does not include any writing that does not relate to the conduct of
the public's business and that is contained on a privately owned computer.
    (5) "State agency" means any state officer, department, board, commission or court
created by the Constitution or statutes of this state but does not include the Legislative
Assembly or its members, committees, officers or employees insofar as they are exempt
under section 9, Article IV of the Oregon Constitution.
   (6) "Writing" means handwriting, typewriting, printing, photographing and every
means of recording, including letters, words, pictures, sounds, or symbols, or
combination thereof, and all papers, maps, files, facsimiles or electronic recordings.
[1973 c.794 §2; 1989 c.377 §1; 1993 c.787 §4; 2001 c.237 §1; 2005 c.659 §4]


    192.420 Right to inspect public records; notice to public body attorney. (1) Every
person has a right to inspect any public record of a public body in this state, except as
otherwise expressly provided by ORS 192.501 to 192.505.
     (2)(a) If a person who is a party to a civil judicial proceeding to which a public body
is a party, or who has filed a notice under ORS 30.275 (5)(a), asks to inspect or to receive
a copy of a public record that the person knows relates to the proceeding or notice, the
person must submit the request in writing to the custodian and, at the same time, to the
attorney for the public body.
   (b) For purposes of this subsection:
   (A) The attorney for a state agency is the Attorney General in Salem.
    (B) "Person" includes a representative or agent of the person. [1973 c.794 §3; 1999
c.574 §1; 2003 c.403 §1]


    192.430 Functions of custodian of public records; rules. (1) The custodian of any
public records, including public records maintained in machine readable or electronic
form, unless otherwise expressly provided by statute, shall furnish proper and reasonable
opportunities for inspection and examination of the records in the office of the custodian
and reasonable facilities for making memoranda or abstracts therefrom, during the usual
business hours, to all persons having occasion to make examination of them. If the public
record is maintained in machine readable or electronic form, the custodian shall furnish
proper and reasonable opportunity to assure access.
    (2) The custodian of the records may adopt reasonable rules necessary for the
protection of the records and to prevent interference with the regular discharge of duties
of the custodian. [1973 c.794 §4; 1989 c.546 §1]


    192.440 Certified copies of public records; fees; waiver or reduction. (1) The
custodian of any public record that a person has a right to inspect shall give the person,
on demand:
   (a) A certified copy of the public record if the public record is of a nature permitting
copying; or
   (b) A reasonable opportunity to inspect or copy the public record.
    (2) If the public record is maintained in a machine readable or electronic form, the
custodian shall provide a copy of the public record in the form requested, if available. If
the public record is not available in the form requested, the custodian shall make the
public record available in the form in which the custodian maintains the public record.
    (3)(a) The public body may establish fees reasonably calculated to reimburse the
public body for the public body's actual cost of making public records available,
including costs for summarizing, compiling or tailoring the public records, either in
organization or media, to meet the person's request.
    (b) The public body may include in a fee established under paragraph (a) of this
subsection the cost of time spent by an attorney for the public body in reviewing the
public records, redacting material from the public records or segregating the public
records into exempt and nonexempt records. The public body may not include in a fee
established under paragraph (a) of this subsection the cost of time spent by an attorney
for the public body in determining the application of the provisions of ORS 192.410 to
192.505.
    (c) The public body may not establish a fee greater than $25 under this section unless
the public body first provides the requestor with a written notification of the estimated
amount of the fee and the requestor confirms that the requestor wants the public body to
proceed with making the public record available.
    (d) Notwithstanding paragraphs (a) to (c) of this subsection, when the public records
are those filed with the Secretary of State under ORS chapter 79 or ORS 80.100 to
80.130, the fees for furnishing copies, summaries or compilations of the public records
are those established by the Secretary of State by rule, under ORS chapter 79 or ORS
80.100 to 80.130.
     (4) The custodian of any public record may furnish copies without charge or at a
substantially reduced fee if the custodian determines that the waiver or reduction of fees
is in the public interest because making the record available primarily benefits the general
public.
    (5) A person who believes that there has been an unreasonable denial of a fee waiver
or fee reduction may petition the Attorney General or the district attorney in the same
manner as a person petitions when inspection of a public record is denied under ORS
192.410 to 192.505. The Attorney General, the district attorney and the court have the
same authority in instances when a fee waiver or reduction is denied as it has when
inspection of a public record is denied.
    (6) This section does not apply to signatures of individuals submitted under ORS
chapter 247 for purposes of registering to vote as provided in ORS 247.973. [1973 c.794
§5; 1979 c.548 §4; 1989 c.111 §12; 1989 c.377 §2; 1989 c.546 §2; 1999 c.824 §5; 2001
c.445 §168; 2005 c.272 §1]
    Note: For transition provisions regarding secured transactions, see notes under
79.0628.


    192.445 Nondisclosure on request of home address, home telephone number and
electronic mail address; rules of procedure; duration of effect of request; liability;
when not applicable. (1) An individual may submit a written request to a public body
not to disclose a specified public record indicating the home address, personal telephone
number or electronic mail address of the individual. A public body may not disclose the
specified public record if the individual demonstrates to the satisfaction of the public
body that the personal safety of the individual or the personal safety of a family member
residing with the individual is in danger if the home address, personal telephone number
or electronic mail address remains available for public inspection.
   (2) The Attorney General shall adopt rules describing:
    (a) The procedures for submitting the written request described in subsection (1) of
this section.
    (b) The evidence an individual shall provide to the public body to establish that
disclosure of the home address, telephone number or electronic mail address of the
individual would constitute a danger to personal safety. The evidence may include but is
not limited to evidence that the individual or a family member residing with the
individual has:
   (A) Been a victim of domestic violence;
   (B) Obtained an order issued under ORS 133.055;
   (C) Contacted a law enforcement officer involving domestic violence or other
physical abuse;
    (D) Obtained a temporary restraining order or other no contact order to protect the
individual from future physical abuse; or
   (E) Filed other criminal or civil legal proceedings regarding physical protection.
    (c) The procedures for submitting the written notification from the individual that
disclosure of the home address, personal telephone number or electronic mail address of
the individual no longer constitutes a danger to personal safety.
   (3) A request described in subsection (1) of this section remains effective:
    (a) Until the public body receives a written request for termination but no later than
five years after the date that a public body receives the request; or
    (b) In the case of a voter registration record, until the individual must update the
individual's voter registration, at which time the individual may apply for another
exemption from disclosure.
    (4) A public body may disclose a home address, personal telephone number or
electronic mail address of an individual exempt from disclosure under subsection (1) of
this section upon court order, on request from any law enforcement agency or with the
consent of the individual.
    (5) A public body may not be held liable for granting or denying an exemption from
disclosure under this section or any other unauthorized release of a home address,
personal telephone number or electronic mail address granted an exemption from
disclosure under this section.
   (6) This section does not apply to county property and lien records. [1993 c.787 §5;
1995 c.742 §12; 2003 c.807 §1]


    Note: 192.445 was added to and made a part of 192.410 to 192.505 by legislative
action but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.


   192.447 Nondisclosure of public employee identification badge or card. (1) As
used in this section, "public body" has the meaning given that term in ORS 174.109.
    (2) A public body may not disclose the identification badge or card of an employee of
the public body without the written consent of the employee if:
   (a) The badge or card contains the photograph of the employee; and
    (b) The badge or card was prepared solely for internal use by the public body to
identify employees of the public body.
    (3) The public body may not disclose a duplicate of the photograph used on the badge
or card. [2003 c.282 §1]
Note: 192.447 was enacted into law by the Legislative Assembly but was not added to or
made a part of ORS chapter 192 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.


     192.450 Petition to review denial of right to inspect state public record; appeal
from decision of Attorney General denying inspection; records of health
professional regulatory boards. (1) Subject to ORS 192.480 and subsection (4) of this
section, any person denied the right to inspect or to receive a copy of any public record of
a state agency may petition the Attorney General to review the public record to determine
if it may be withheld from public inspection. Except as provided in subsection (5) of this
section, the burden is on the agency to sustain its action. Except as provided in subsection
(5) of this section, the Attorney General shall issue an order denying or granting the
petition, or denying it in part and granting it in part, within seven days from the day the
Attorney General receives the petition.
     (2) If the Attorney General grants the petition and orders the state agency to disclose
the record, or if the Attorney General grants the petition in part and orders the state
agency to disclose a portion of the record, the state agency shall comply with the order in
full within seven days after issuance of the order, unless within the seven-day period it
issues a notice of its intention to institute proceedings for injunctive or declaratory relief
in the Circuit Court for Marion County or, as provided in subsection (6) of this section, in
the circuit court of the county where the record is held. Copies of the notice shall be sent
to the Attorney General and by certified mail to the petitioner at the address shown on the
petition. The state agency shall institute the proceedings within seven days after it issues
its notice of intention to do so. If the Attorney General denies the petition in whole or in
part, or if the state agency continues to withhold the record or a part of it notwithstanding
an order to disclose by the Attorney General, the person seeking disclosure may institute
such proceedings.
    (3) The Attorney General shall serve as counsel for the state agency in a suit filed
under subsection (2) of this section if the suit arises out of a determination by the
Attorney General that the public record should not be disclosed, or that a part of the
public record should not be disclosed if the state agency has fully complied with the order
of the Attorney General requiring disclosure of another part or parts of the public record,
and in no other case. In any case in which the Attorney General is prohibited from
serving as counsel for the state agency, the agency may retain special counsel.
    (4) A person denied the right to inspect or to receive a copy of any public record of a
health professional regulatory board, as defined in ORS 676.160, that contains
information concerning a licensee or applicant, and petitioning the Attorney General to
review the public record shall, on or before the date of filing the petition with the
Attorney General, send a copy of the petition by first class mail to the health professional
regulatory board. Not more than 48 hours after the board receives a copy of the petition,
the board shall send a copy of the petition by first class mail to the licensee or applicant
who is the subject of any record for which disclosure is sought. When sending a copy of
the petition to the licensee or applicant, the board shall include a notice informing the
licensee or applicant that a written response by the licensee or applicant may be filed with
the Attorney General not later than seven days after the date that the notice was sent by
the board. Immediately upon receipt of any written response from the licensee or
applicant, the Attorney General shall send a copy of the response to the petitioner by first
class mail.
    (5) The person seeking disclosure of a public record of a health professional
regulatory board, as defined in ORS 676.160, that is confidential or exempt from
disclosure under ORS 676.165 or 676.175, shall have the burden of demonstrating to the
Attorney General by clear and convincing evidence that the public interest in disclosure
outweighs other interests in nondisclosure, including but not limited to the public interest
in nondisclosure. The Attorney General shall issue an order denying or granting the
petition, or denying or granting it in part, not later than the 15th day following the day
that the Attorney General receives the petition. A copy of the Attorney General's order
granting a petition or part of a petition shall be served by first class mail on the health
professional regulatory board, the petitioner and the licensee or applicant who is the
subject of any record ordered to be disclosed. The health professional regulatory board
shall not disclose any record prior to the seventh day following the service of the
Attorney General's order on a licensee or applicant entitled to receive notice under this
subsection.
    (6) If the Attorney General grants or denies the petition for a record of a health
professional regulatory board, as defined in ORS 676.160, that contains information
concerning a licensee or applicant, the board, a person denied the right to inspect or
receive a copy of the record or the licensee or applicant who is the subject of the record
may institute proceedings for injunctive or declaratory relief in the circuit court for the
county where the public record is held. The party seeking disclosure of the record shall
have the burden of demonstrating by clear and convincing evidence that the public
interest in disclosure outweighs other interests in nondisclosure, including but not limited
to the public interest in nondisclosure.
    (7) The Attorney General may comply with a request of a health professional
regulatory board to be represented by independent counsel in any proceeding under
subsection (6) of this section. [1973 c.794 §6; 1975 c.308 §2; 1997 c.791 §8; 1999 c.751
§4]


    192.460 Procedure to review denial of right to inspect other public records. ORS
192.450 is equally applicable to the case of a person denied the right to inspect or receive
a copy of any public record of a public body other than a state agency, except that in such
case the district attorney of the county in which the public body is located, or if it is
located in more than one county the district attorney of the county in which the
administrative offices of the public body are located, shall carry out the functions of the
Attorney General, and any suit filed shall be filed in the circuit court for such county, and
except that the district attorney shall not serve as counsel for the public body, in the cases
permitted under ORS 192.450 (3), unless the district attorney ordinarily serves as counsel
for it. [1973 c.794 §7]


    192.465 Effect of failure of Attorney General, district attorney or public official
to take timely action on inspection petition. (1) The failure of the Attorney General or
district attorney to issue an order under ORS 192.450 or 192.460 denying, granting, or
denying in part and granting in part a petition to require disclosure within seven days
from the day of receipt of the petition shall be treated as an order denying the petition for
the purpose of determining whether a person may institute proceedings for injunctive or
declaratory relief under ORS 192.450 or 192.460.
    (2) The failure of an elected official to deny, grant, or deny in part and grant in part a
request to inspect or receive a copy of a public record within seven days from the day of
receipt of the request shall be treated as a denial of the request for the purpose of
determining whether a person may institute proceedings for injunctive or declaratory
relief under ORS 192.450 or 192.460. [1975 c.308 §5]


    192.470 Petition form; procedure when petition received. (1) A petition to the
Attorney General or district attorney requesting the Attorney General or district attorney
to order a public record to be made available for inspection or to be produced shall be in
substantially the following form, or in a form containing the same information:
________________________________________________________________________
______


                                                                                     (date)
                                                                                    ______


     I (we), ____________ (name(s)), the undersigned, request the Attorney General (or
District Attorney of ______ County) to order ______ (name of governmental body) and
its employees to (make available for inspection) (produce a copy or copies of) the
following records:
    1.____________________
   (Name or description of record)
    2.____________________
   (Name or description of record)


   I (we) asked to inspect and/or copy these records on ______ (date) at ______
(address). The request was denied by the following person(s):
    1.____________________
   (Name of public officer or employee; title or position, if known)
    2.____________________
   (Name of public officer or employee; title or position, if known)


   ______________________
   (Signature(s))
________________________________________________________________________
______


This form should be delivered or mailed to the Attorney General's office in Salem, or the
district attorney's office in the county courthouse.
    (2) Promptly upon receipt of such a petition, the Attorney General or district attorney
shall notify the public body involved. The public body shall thereupon transmit the public
record disclosure of which is sought, or a copy, to the Attorney General, together with a
statement of its reasons for believing that the public record should not be disclosed. In an
appropriate case, with the consent of the Attorney General, the public body may instead
disclose the nature or substance of the public record to the Attorney General. [1973 c.794
§10]


    192.480 Procedure to review denial by elected official of right to inspect public
records. In any case in which a person is denied the right to inspect or to receive a copy
of a public record in the custody of an elected official, or in the custody of any other
person but as to which an elected official claims the right to withhold disclosure, no
petition to require disclosure may be filed with the Attorney General or district attorney,
or if a petition is filed it shall not be considered by the Attorney General or district
attorney after a claim of right to withhold disclosure by an elected official. In such case a
person denied the right to inspect or to receive a copy of a public record may institute
proceedings for injunctive or declaratory relief in the appropriate circuit court, as
specified in ORS 192.450 or 192.460, and the Attorney General or district attorney may
upon request serve or decline to serve, in the discretion of the Attorney General or district
attorney, as counsel in such suit for an elected official for which the Attorney General or
district attorney ordinarily serves as counsel. Nothing in this section shall preclude an
elected official from requesting advice from the Attorney General or a district attorney as
to whether a public record should be disclosed. [1973 c.794 §8]


    192.490 Court authority in reviewing action denying right to inspect public
records; docketing; costs and attorney fees. (1) In any suit filed under ORS 192.450,
192.460, 192.470 or 192.480, the court has jurisdiction to enjoin the public body from
withholding records and to order the production of any records improperly withheld from
the person seeking disclosure. The court shall determine the matter de novo and the
burden is on the public body to sustain its action. The court, on its own motion, may view
the documents in controversy in camera before reaching a decision. Any noncompliance
with the order of the court may be punished as contempt of court.
   (2) Except as to causes the court considers of greater importance, proceedings arising
under ORS 192.450, 192.460, 192.470 or 192.480 take precedence on the docket over all
other causes and shall be assigned for hearing and trial at the earliest practicable date and
expedited in every way.
    (3) If a person seeking the right to inspect or to receive a copy of a public record
prevails in the suit, the person shall be awarded costs and disbursements and reasonable
attorney fees at trial and on appeal. If the person prevails in part, the court may in its
discretion award the person costs and disbursements and reasonable attorney fees at trial
and on appeal, or an appropriate portion thereof. If the state agency failed to comply with
the Attorney General's order in full and did not issue a notice of intention to institute
proceedings pursuant to ORS 192.450 (2) within seven days after issuance of the order,
or did not institute the proceedings within seven days after issuance of the notice, the
petitioner shall be awarded costs of suit at the trial level and reasonable attorney fees
regardless of which party instituted the suit and regardless of which party prevailed
therein. [1973 c.794 §9; 1975 c.308 §3; 1981 c.897 §40]


    192.493 Health services costs. A record of an agency of the executive department as
defined in ORS 174.112 that contains the following information is a public record subject
to inspection under ORS 192.420 and is not exempt from disclosure under ORS 192.501
or 192.502 except to the extent that the record discloses information about an individual's
health or is proprietary to a person:
   (1) The amounts determined by an independent actuary retained by the agency to
cover the costs of providing each of the following health services under ORS 414.705 to
414.750 for the six months preceding the report:
   (a) Inpatient hospital services;
   (b) Outpatient hospital services;
   (c) Laboratory and X-ray services;
   (d) Physician and other licensed practitioner services;
   (e) Prescription drugs;
   (f) Dental services;
   (g) Vision services;
   (h) Mental health services;
   (i) Chemical dependency services;
   (j) Durable medical equipment and supplies; and
   (k) Other health services provided under a prepaid managed care health services
contract under ORS 414.725;
    (2) The amounts the agency and each contractor have paid under each prepaid
managed care health services contract under ORS 414.725 for administrative costs and
the provision of each of the health services described in subsection (1) of this section for
the six months preceding the report;
   (3) Any adjustments made to the amounts reported under this section to account for
geographic or other differences in providing the health services; and
    (4) The numbers of individuals served under each prepaid managed care health
services contract, listed by category of individual. [2003 c.803 §27]


    Note: 192.493 was enacted into law by the Legislative Assembly but was not added
to or made a part of ORS chapter 192 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.


    192.495 Inspection of records more than 25 years old. Notwithstanding ORS
192.501 to 192.505 and except as otherwise provided in ORS 192.496, public records
that are more than 25 years old shall be available for inspection. [1979 c.301 §2]


    192.496 Medical records; sealed records; records of individual in custody or
under supervision; student records. The following public records are exempt from
disclosure:
    (1) Records less than 75 years old which contain information about the physical or
mental health or psychiatric care or treatment of a living individual, if the public
disclosure thereof would constitute an unreasonable invasion of privacy. The party
seeking disclosure shall have the burden of showing by clear and convincing evidence
that the public interest requires disclosure in the particular instance and that public
disclosure would not constitute an unreasonable invasion of privacy.
    (2) Records less than 75 years old which were sealed in compliance with statute or by
court order. Such records may be disclosed upon order of a court of competent
jurisdiction or as otherwise provided by law.
    (3) Records of a person who is or has been in the custody or under the lawful
supervision of a state agency, a court or a unit of local government, are exempt from
disclosure for a period of 25 years after termination of such custody or supervision to the
extent that disclosure thereof would interfere with the rehabilitation of the person if the
public interest in confidentiality clearly outweighs the public interest in disclosure.
Nothing in this subsection, however, shall be construed as prohibiting disclosure of the
fact that a person is in custody.
   (4) Student records required by state or federal law to be exempt from disclosure.
[1979 c.301 §3]


    192.500 [1973 c.794 §11; 1975 c.308 §1; 1975 c.582 §150; 1975 c.606 §41a; 1977
c.107 §1; 1977 c.587 §1; 1977 c.793 §5a; 1979 c.190 §400; 1981 c.107 §1; 1981 c.139
§8; 1981 c.187 §1; 1981 c.892 §92; 1981 c.905 §7; 1983 c.17 §29; 1983 c.198 §1; 1983
c.338 §902; 1983 c.617 §3; 1983 c.620 §12; 1983 c.703 §8; 1983 c.709 §42; 1983 c.717
§30; 1983 c.740 §46; 1983 c.830 §9; 1985 c.413 §1; 1985 c.602 §13; 1985 c.657 §1;
1985 c.762 §179a; 1985 c.813 §1; 1987 c.94 §100; 1987 c.109 §3; 1987 c.320 §145;
1987 c.373 §23; 1987 c.520 §12; 1987 c.610 §24; 1987 c.731 §2; 1987 c.839 §1; 1987
c.898 §26; repealed by 1987 c.764 §1 (192.501, 192.502 and 192.505 enacted in lieu of
192.500)]


   192.501 Public records conditionally exempt from disclosure. The following
public records are exempt from disclosure under ORS 192.410 to 192.505 unless the
public interest requires disclosure in the particular instance:
    (1) Records of a public body pertaining to litigation to which the public body is a
party if the complaint has been filed, or if the complaint has not been filed, if the public
body shows that such litigation is reasonably likely to occur. This exemption does not
apply to litigation which has been concluded, and nothing in this subsection shall limit
any right or opportunity granted by discovery or deposition statutes to a party to litigation
or potential litigation;
    (2) Trade secrets. "Trade secrets," as used in this section, may include, but are not
limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure,
production data, or compilation of information which is not patented, which is known
only to certain individuals within an organization and which is used in a business it
conducts, having actual or potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who do not know or use it;
    (3) Investigatory information compiled for criminal law purposes. The record of an
arrest or the report of a crime shall be disclosed unless and only for so long as there is a
clear need to delay disclosure in the course of a specific investigation, including the need
to protect the complaining party or the victim. Nothing in this subsection shall limit any
right constitutionally guaranteed, or granted by statute, to disclosure or discovery in
criminal cases. For purposes of this subsection, the record of an arrest or the report of a
crime includes, but is not limited to:
   (a) The arrested person's name, age, residence, employment, marital status and
similar biographical information;
   (b) The offense with which the arrested person is charged;
   (c) The conditions of release pursuant to ORS 135.230 to 135.290;
   (d) The identity of and biographical information concerning both complaining party
and victim;
   (e) The identity of the investigating and arresting agency and the length of the
investigation;
   (f) The circumstances of arrest, including time, place, resistance, pursuit and weapons
used; and
    (g) Such information as may be necessary to enlist public assistance in apprehending
fugitives from justice;
    (4) Test questions, scoring keys, and other data used to administer a licensing
examination, employment, academic or other examination or testing procedure before the
examination is given and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or evaluating an
examination or testing procedure are included in this exemption, to the extent that
disclosure would create a risk that the result might be affected;
    (5) Information consisting of production records, sale or purchase records or catch
records, or similar business records of a private concern or enterprise, required by law to
be submitted to or inspected by a governmental body to allow it to determine fees or
assessments payable or to establish production quotas, and the amounts of such fees or
assessments payable or paid, to the extent that such information is in a form which would
permit identification of the individual concern or enterprise. This exemption does not
include records submitted by long term care facilities as defined in ORS 442.015 to the
state for purposes of reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made of such information for
regulatory purposes or its admissibility in any enforcement proceeding;
   (6) Information relating to the appraisal of real estate prior to its acquisition;
    (7) The names and signatures of employees who sign authorization cards or petitions
for the purpose of requesting representation or decertification elections;
   (8) Investigatory information relating to any complaint filed under ORS 659A.820 or
659A.825, until such time as the complaint is resolved under ORS 659A.835, or a final
order is issued under ORS 659A.850;
   (9) Investigatory information relating to any complaint or charge filed under ORS
243.676 and 663.180;
    (10) Records, reports and other information received or compiled by the Director of
the Department of Consumer and Business Services under ORS 697.732;
    (11) Information concerning the location of archaeological sites or objects as those
terms are defined in ORS 358.905, except if the governing body of an Indian tribe
requests the information and the need for the information is related to that Indian tribe's
cultural or religious activities. This exemption does not include information relating to a
site that is all or part of an existing, commonly known and publicized tourist facility or
attraction;
   (12) A personnel discipline action, or materials or documents supporting that action;
   (13) Information developed pursuant to ORS 496.004, 496.172 and 498.026 or ORS
496.192 and 564.100, regarding the habitat, location or population of any threatened
species or endangered species;
    (14) Writings prepared by or under the direction of faculty of public educational
institutions, in connection with research, until publicly released, copyrighted or patented;
    (15) Computer programs developed or purchased by or for any public body for its
own use. As used in this subsection, "computer program" means a series of instructions
or statements which permit the functioning of a computer system in a manner designed to
provide storage, retrieval and manipulation of data from such computer system, and any
associated documentation and source material that explain how to operate the computer
program. "Computer program" does not include:
   (a) The original data, including but not limited to numbers, text, voice, graphics and
images;
   (b) Analyses, compilations and other manipulated forms of the original data produced
by use of the program; or
   (c) The mathematical and statistical formulas which would be used if the manipulated
forms of the original data were to be produced manually;
   (16) Data and information provided by participants to mediation under ORS 36.256;
    (17) Investigatory information relating to any complaint or charge filed under ORS
chapter 654, until a final administrative determination is made or, if a citation is issued,
until an employer receives notice of any citation;
    (18) Specific operational plans in connection with an anticipated threat to individual
or public safety for deployment and use of personnel and equipment, prepared or used by
a public body, if public disclosure of the plans would endanger an individual's life or
physical safety or jeopardize a law enforcement activity;
    (19)(a) Audits or audit reports required of a telecommunications carrier. As used in
this paragraph, "audit or audit report" means any external or internal audit or audit report
pertaining to a telecommunications carrier, as defined in ORS 133.721, or pertaining to a
corporation having an affiliated interest, as defined in ORS 759.390, with a
telecommunications carrier that is intended to make the operations of the entity more
efficient, accurate or compliant with applicable rules, procedures or standards, that may
include self-criticism and that has been filed by the telecommunications carrier or
affiliate under compulsion of state law. "Audit or audit report" does not mean an audit of
a cost study that would be discoverable in a contested case proceeding and that is not
subject to a protective order; and
    (b) Financial statements. As used in this paragraph, "financial statement" means a
financial statement of a nonregulated corporation having an affiliated interest, as defined
in ORS 759.390, with a telecommunications carrier, as defined in ORS 133.721;
    (20) The residence address of an elector if authorized under ORS 247.965 and subject
to ORS 247.967;
    (21) The following records, communications and information submitted to a housing
authority as defined in ORS 456.005, or to an urban renewal agency as defined in ORS
457.010, by applicants for and recipients of loans, grants and tax credits:
   (a) Personal and corporate financial statements and information, including tax returns;
   (b) Credit reports;
   (c) Project appraisals;
   (d) Market studies and analyses;
   (e) Articles of incorporation, partnership agreements and operating agreements;
   (f) Commitment letters;
   (g) Project pro forma statements;
   (h) Project cost certifications and cost data;
   (i) Audits;
   (j) Project tenant correspondence requested to be confidential;
   (k) Tenant files relating to certification; and
   (L) Housing assistance payment requests;
   (22) Records or information that, if disclosed, would allow a person to:
   (a) Gain unauthorized access to buildings or other property;
   (b) Identify those areas of structural or operational vulnerability that would permit
unlawful disruption to, or interference with, services; or
    (c) Disrupt, interfere with or gain unauthorized access to public funds or to
information processing, communication or telecommunication systems, including the
information contained in the systems, that are used or operated by a public body;
    (23) Records or information that would reveal or otherwise identify security
measures, or weaknesses or potential weaknesses in security measures, taken or
recommended to be taken to protect:
   (a) An individual;
   (b) Buildings or other property;
    (c) Information processing, communication or telecommunication systems, including
the information contained in the systems; or
    (d) Those operations of the Oregon State Lottery the security of which are subject to
study and evaluation under ORS 461.180 (6);
    (24) Personal information held by or under the direction of officials of the Oregon
Health and Science University or the Oregon University System about a person who has
or who is interested in donating money or property to the university, the system or a state
institution of higher education, if the information is related to the family of the person,
personal assets of the person or is incidental information not related to the donation;
    (25) The home address, professional address and telephone number of a person who
has or who is interested in donating money or property to the Oregon University System;
    (26) Records of the name and address of a person who files a report with or pays an
assessment to a commodity commission established under ORS 576.051 to 576.455, the
Oregon Beef Council created under ORS 577.210 or the Oregon Wheat Commission
created under ORS 578.030;
    (27) Information provided to, obtained by or used by a public body to authorize,
originate, receive or authenticate a transfer of funds, including but not limited to a credit
card number, payment card expiration date, password, financial institution account
number and financial institution routing number;
   (28) Social Security numbers as provided in ORS 107.840;
   (29) The electronic mail address of a student who attends a state institution of higher
education listed in ORS 352.002 or Oregon Health and Science University; and
    (30) The name, home address, professional address or location of a person that is
engaged in, or that provides goods or services for, medical research at Oregon Health and
Science University that is conducted using animals other than rodents. This subsection
does not apply to Oregon Health and Science University press releases, websites or other
publications circulated to the general public. [1987 c.373 §§23c,23d; 1987 c.764 §2
(enacted in lieu of 192.500); 1989 c.70 §1; 1989 c.171 §26; 1989 c.967 §§11,13; 1989
c.1083 §10; 1991 c.636 §§1,2; 1991 c.678 §§1,2; 1993 c.616 §§4,5; 1993 c.787 §§1,2;
1995 c.604 §§2,3; 1999 c.155 §3; 1999 c.169 §§1,2; 1999 c.234 §§1,2; 1999 c.291
§§21,22; 1999 c.380 §§1,2; 1999 c.1093 §§3,4; 2001 c.104 §66; 2001 c.621 §85; 2001
c.915 §1; 2003 c.217 §1; 2003 c.380 §2; 2003 c.524 §1; 2003 c.604 §98; 2003 c.674 §26;
2003 c.803 §12; 2003 c.807 §§2,3; 2005 c.203 §§1,2; 2005 c.232 §§33,34; 2005 c.455
§1]


    Note: The amendments to 192.501 by section 3, chapter 455, Oregon Laws 2005,
become operative January 2, 2010. See section 4, chapter 455, Oregon Laws 2005. The
text that is operative on and after January 2, 2010, is set forth for the user's convenience.
    192.501. The following public records are exempt from disclosure under ORS
192.410 to 192.505 unless the public interest requires disclosure in the particular
instance:
    (1) Records of a public body pertaining to litigation to which the public body is a
party if the complaint has been filed, or if the complaint has not been filed, if the public
body shows that such litigation is reasonably likely to occur. This exemption does not
apply to litigation which has been concluded, and nothing in this subsection shall limit
any right or opportunity granted by discovery or deposition statutes to a party to litigation
or potential litigation;
    (2) Trade secrets. "Trade secrets," as used in this section, may include, but are not
limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure,
production data, or compilation of information which is not patented, which is known
only to certain individuals within an organization and which is used in a business it
conducts, having actual or potential commercial value, and which gives its user an
opportunity to obtain a business advantage over competitors who do not know or use it;
    (3) Investigatory information compiled for criminal law purposes. The record of an
arrest or the report of a crime shall be disclosed unless and only for so long as there is a
clear need to delay disclosure in the course of a specific investigation, including the need
to protect the complaining party or the victim. Nothing in this subsection shall limit any
right constitutionally guaranteed, or granted by statute, to disclosure or discovery in
criminal cases. For purposes of this subsection, the record of an arrest or the report of a
crime includes, but is not limited to:
   (a) The arrested person's name, age, residence, employment, marital status and
similar biographical information;
   (b) The offense with which the arrested person is charged;
   (c) The conditions of release pursuant to ORS 135.230 to 135.290;
   (d) The identity of and biographical information concerning both complaining party
and victim;
   (e) The identity of the investigating and arresting agency and the length of the
investigation;
   (f) The circumstances of arrest, including time, place, resistance, pursuit and weapons
used; and
    (g) Such information as may be necessary to enlist public assistance in apprehending
fugitives from justice;
    (4) Test questions, scoring keys, and other data used to administer a licensing
examination, employment, academic or other examination or testing procedure before the
examination is given and if the examination is to be used again. Records establishing
procedures for and instructing persons administering, grading or evaluating an
examination or testing procedure are included in this exemption, to the extent that
disclosure would create a risk that the result might be affected;
    (5) Information consisting of production records, sale or purchase records or catch
records, or similar business records of a private concern or enterprise, required by law to
be submitted to or inspected by a governmental body to allow it to determine fees or
assessments payable or to establish production quotas, and the amounts of such fees or
assessments payable or paid, to the extent that such information is in a form which would
permit identification of the individual concern or enterprise. This exemption does not
include records submitted by long term care facilities as defined in ORS 442.015 to the
state for purposes of reimbursement of expenses or determining fees for patient care.
Nothing in this subsection shall limit the use which can be made of such information for
regulatory purposes or its admissibility in any enforcement proceeding;
   (6) Information relating to the appraisal of real estate prior to its acquisition;
    (7) The names and signatures of employees who sign authorization cards or petitions
for the purpose of requesting representation or decertification elections;
   (8) Investigatory information relating to any complaint filed under ORS 659A.820 or
659A.825, until such time as the complaint is resolved under ORS 659A.835, or a final
order is issued under ORS 659A.850;
   (9) Investigatory information relating to any complaint or charge filed under ORS
243.676 and 663.180;
    (10) Records, reports and other information received or compiled by the Director of
the Department of Consumer and Business Services under ORS 697.732;
    (11) Information concerning the location of archaeological sites or objects as those
terms are defined in ORS 358.905, except if the governing body of an Indian tribe
requests the information and the need for the information is related to that Indian tribe's
cultural or religious activities. This exemption does not include information relating to a
site that is all or part of an existing, commonly known and publicized tourist facility or
attraction;
   (12) A personnel discipline action, or materials or documents supporting that action;
   (13) Information developed pursuant to ORS 496.004, 496.172 and 498.026 or ORS
496.192 and 564.100, regarding the habitat, location or population of any threatened
species or endangered species;
    (14) Writings prepared by or under the direction of faculty of public educational
institutions, in connection with research, until publicly released, copyrighted or patented;
    (15) Computer programs developed or purchased by or for any public body for its
own use. As used in this subsection, "computer program" means a series of instructions
or statements which permit the functioning of a computer system in a manner designed to
provide storage, retrieval and manipulation of data from such computer system, and any
associated documentation and source material that explain how to operate the computer
program. "Computer program" does not include:
   (a) The original data, including but not limited to numbers, text, voice, graphics and
images;
   (b) Analyses, compilations and other manipulated forms of the original data produced
by use of the program; or
   (c) The mathematical and statistical formulas which would be used if the manipulated
forms of the original data were to be produced manually;
   (16) Data and information provided by participants to mediation under ORS 36.256;
    (17) Investigatory information relating to any complaint or charge filed under ORS
chapter 654, until a final administrative determination is made or, if a citation is issued,
until an employer receives notice of any citation;
    (18) Specific operational plans in connection with an anticipated threat to individual
or public safety for deployment and use of personnel and equipment, prepared or used by
a public body, if public disclosure of the plans would endanger an individual's life or
physical safety or jeopardize a law enforcement activity;
    (19)(a) Audits or audit reports required of a telecommunications carrier. As used in
this paragraph, "audit or audit report" means any external or internal audit or audit report
pertaining to a telecommunications carrier, as defined in ORS 133.721, or pertaining to a
corporation having an affiliated interest, as defined in ORS 759.390, with a
telecommunications carrier that is intended to make the operations of the entity more
efficient, accurate or compliant with applicable rules, procedures or standards, that may
include self-criticism and that has been filed by the telecommunications carrier or
affiliate under compulsion of state law. "Audit or audit report" does not mean an audit of
a cost study that would be discoverable in a contested case proceeding and that is not
subject to a protective order; and
    (b) Financial statements. As used in this paragraph, "financial statement" means a
financial statement of a nonregulated corporation having an affiliated interest, as defined
in ORS 759.390, with a telecommunications carrier, as defined in ORS 133.721;
    (20) The residence address of an elector if authorized under ORS 247.965 and subject
to ORS 247.967;
    (21) The following records, communications and information submitted to a housing
authority as defined in ORS 456.005, or to an urban renewal agency as defined in ORS
457.010, by applicants for and recipients of loans, grants and tax credits:
   (a) Personal and corporate financial statements and information, including tax returns;
   (b) Credit reports;
   (c) Project appraisals;
   (d) Market studies and analyses;
   (e) Articles of incorporation, partnership agreements and operating agreements;
   (f) Commitment letters;
   (g) Project pro forma statements;
   (h) Project cost certifications and cost data;
   (i) Audits;
   (j) Project tenant correspondence requested to be confidential;
   (k) Tenant files relating to certification; and
   (L) Housing assistance payment requests;
   (22) Records or information that, if disclosed, would allow a person to:
   (a) Gain unauthorized access to buildings or other property;
   (b) Identify those areas of structural or operational vulnerability that would permit
unlawful disruption to, or interference with, services; or
    (c) Disrupt, interfere with or gain unauthorized access to public funds or to
information processing, communication or telecommunication systems, including the
information contained in the systems, that are used or operated by a public body;
    (23) Records or information that would reveal or otherwise identify security
measures, or weaknesses or potential weaknesses in security measures, taken or
recommended to be taken to protect:
   (a) An individual;
   (b) Buildings or other property;
    (c) Information processing, communication or telecommunication systems, including
the information contained in the systems; or
    (d) Those operations of the Oregon State Lottery the security of which are subject to
study and evaluation under ORS 461.180 (6);
    (24) Personal information held by or under the direction of officials of the Oregon
Health and Science University or the Oregon University System about a person who has
or who is interested in donating money or property to the university, the system or a state
institution of higher education, if the information is related to the family of the person,
personal assets of the person or is incidental information not related to the donation;
    (25) The home address, professional address and telephone number of a person who
has or who is interested in donating money or property to the Oregon University System;
    (26) Records of the name and address of a person who files a report with or pays an
assessment to a commodity commission established under ORS 576.051 to 576.455, the
Oregon Beef Council created under ORS 577.210 or the Oregon Wheat Commission
created under ORS 578.030;
    (27) Information provided to, obtained by or used by a public body to authorize,
originate, receive or authenticate a transfer of funds, including but not limited to a credit
card number, payment card expiration date, password, financial institution account
number and financial institution routing number;
   (28) Social Security numbers as provided in ORS 107.840; and
   (29) The electronic mail address of a student who attends a state institution of higher
education listed in ORS 352.002 or Oregon Health and Science University.


    192.502 Other public records exempt from disclosure. The following public
records are exempt from disclosure under ORS 192.410 to 192.505:
    (1) Communications within a public body or between public bodies of an advisory
nature to the extent that they cover other than purely factual materials and are preliminary
to any final agency determination of policy or action. This exemption shall not apply
unless the public body shows that in the particular instance the public interest in
encouraging frank communication between officials and employees of public bodies
clearly outweighs the public interest in disclosure.
    (2) Information 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. The party seeking disclosure shall have the burden of showing
that public disclosure would not constitute an unreasonable invasion of privacy.
    (3) Public body employee or volunteer addresses, Social Security numbers, dates of
birth and telephone numbers contained in personnel records maintained by the public
body that is the employer or the recipient of volunteer services. This exemption:
    (a) Does not apply to the addresses, dates of birth and telephone numbers of
employees or volunteers who are elected officials, except that a judge or district attorney
subject to election may seek to exempt the judge's or district attorney's address or
telephone number, or both, under the terms of ORS 192.445;
    (b) Does not apply to employees or volunteers to the extent that the party seeking
disclosure shows by clear and convincing evidence that the public interest requires
disclosure in a particular instance;
    (c) Does not apply to a substitute teacher as defined in ORS 342.815 when requested
by a professional education association of which the substitute teacher may be a member;
and
   (d) Does not relieve a public employer of any duty under ORS 243.650 to 243.782.
    (4) Information submitted to a public body in confidence and not otherwise required
by law to be submitted, where such information should reasonably be considered
confidential, the public body has obliged itself in good faith not to disclose the
information, and when the public interest would suffer by the disclosure.
    (5) Information or records of the Department of Corrections, including the State
Board of Parole and Post-Prison Supervision, to the extent that disclosure would interfere
with the rehabilitation of a person in custody of the department or substantially prejudice
or prevent the carrying out of the functions of the department, if the public interest in
confidentiality clearly outweighs the public interest in disclosure.
    (6) Records, reports and other information received or compiled by the Director of the
Department of Consumer and Business Services in the administration of ORS chapters
723 and 725 not otherwise required by law to be made public, to the extent that the
interests of lending institutions, their officers, employees and customers in preserving the
confidentiality of such information outweighs the public interest in disclosure.
   (7) Reports made to or filed with the court under ORS 137.077 or 137.530.
   (8) Any public records or information the disclosure of which is prohibited by federal
law or regulations.
   (9) Public records or information the disclosure of which is prohibited or restricted or
otherwise made confidential or privileged under Oregon law.
    (10) Public records or information described in this section, furnished by the public
body originally compiling, preparing or receiving them to any other public officer or
public body in connection with performance of the duties of the recipient, if the
considerations originally giving rise to the confidential or exempt nature of the public
records or information remain applicable.
    (11) Records of the Energy Facility Siting Council concerning the review or approval
of security programs pursuant to ORS 469.530.
   (12) Employee and retiree address, telephone number and other nonfinancial
membership records and employee financial records maintained by the Public Employees
Retirement System pursuant to ORS chapters 238 and 238A.
    (13) Records submitted by private persons or businesses to the State Treasurer or the
Oregon Investment Council relating to proposed acquisition, exchange or liquidation of
public investments under ORS chapter 293 may be treated as exempt from disclosure
when and only to the extent that disclosure of such records reasonably may be expected
to substantially limit the ability of the Oregon Investment Council to effectively compete
or negotiate for, solicit or conclude such transactions. Records which relate to concluded
transactions are not subject to this exemption.
   (14) The monthly reports prepared and submitted under ORS 293.761 and 293.766
concerning the Public Employees Retirement Fund and the Industrial Accident Fund may
be uniformly treated as exempt from disclosure for a period of up to 90 days after the end
of the calendar quarter.
   (15) Reports of unclaimed property filed by the holders of such property to the extent
permitted by ORS 98.352.
    (16) The following records, communications and information submitted to the
Oregon Economic and Community Development Commission, the Economic and
Community Development Department, the State Department of Agriculture, the Oregon
Growth Account Board, the Port of Portland or other ports, as defined in ORS 777.005,
by applicants for investment funds, loans or services including, but not limited to, those
described in ORS 285A.224:
   (a) Personal financial statements.
   (b) Financial statements of applicants.
   (c) Customer lists.
    (d) Information of an applicant pertaining to litigation to which the applicant is a
party if the complaint has been filed, or if the complaint has not been filed, if the
applicant shows that such litigation is reasonably likely to occur; this exemption does not
apply to litigation which has been concluded, and nothing in this paragraph shall limit
any right or opportunity granted by discovery or deposition statutes to a party to litigation
or potential litigation.
   (e) Production, sales and cost data.
   (f) Marketing strategy information that relates to applicant's plan to address specific
markets and applicant's strategy regarding specific competitors.
    (17) Records, reports or returns submitted by private concerns or enterprises required
by law to be submitted to or inspected by a governmental body to allow it to determine
the amount of any transient lodging tax payable and the amounts of such tax payable or
paid, to the extent that such information is in a form which would permit identification of
the individual concern or enterprise. Nothing in this subsection shall limit the use which
can be made of such information for regulatory purposes or its admissibility in any
enforcement proceedings. The public body shall notify the taxpayer of the delinquency
immediately by certified mail. However, in the event that the payment or delivery of
transient lodging taxes otherwise due to a public body is delinquent by over 60 days, the
public body shall disclose, upon the request of any person, the following information:
    (a) The identity of the individual concern or enterprise that is delinquent over 60 days
in the payment or delivery of the taxes.
   (b) The period for which the taxes are delinquent.
   (c) The actual, or estimated, amount of the delinquency.
   (18) All information supplied by a person under ORS 151.485 for the purpose of
requesting appointed counsel, and all information supplied to the court from whatever
source for the purpose of verifying the financial eligibility of a person pursuant to ORS
151.485.
   (19) Workers' compensation claim records of the Department of Consumer and
Business Services, except in accordance with rules adopted by the Director of the
Department of Consumer and Business Services, in any of the following circumstances:
   (a) When necessary for insurers, self-insured employers and third party claim
administrators to process workers' compensation claims.
   (b) When necessary for the director, other governmental agencies of this state or the
United States to carry out their duties, functions or powers.
   (c) When the disclosure is made in such a manner that the disclosed information
cannot be used to identify any worker who is the subject of a claim.
    (d) When a worker or the worker's representative requests review of the worker's
claim record.
   (20) Sensitive business records or financial or commercial information of the Oregon
Health and Science University that is not customarily provided to business competitors.
   (21) Records of Oregon Health and Science University regarding candidates for the
position of president of the university.
    (22) The records of a library, including circulation records, showing use of specific
library material by a named person or consisting of the name of a library patron together
with the address or telephone number, or both, of the patron.
   (23) The following records, communications and information obtained by the
Housing and Community Services Department in connection with the department's
monitoring or administration of financial assistance or of housing or other developments:
   (a) Personal and corporate financial statements and information, including tax returns.
   (b) Credit reports.
   (c) Project appraisals.
   (d) Market studies and analyses.
   (e) Articles of incorporation, partnership agreements and operating agreements.
   (f) Commitment letters.
   (g) Project pro forma statements.
   (h) Project cost certifications and cost data.
    (i) Audits.
    (j) Project tenant correspondence.
    (k) Personal information about a tenant.
    (L) Housing assistance payments.
    (24) Raster geographic information system (GIS) digital databases, provided by
private forestland owners or their representatives, voluntarily and in confidence to the
State Forestry Department, that is not otherwise required by law to be submitted.
    (25) Sensitive business, commercial or financial information furnished to or
developed by a public body engaged in the business of providing electricity or electricity
services, if the information is directly related to a transaction described in ORS 261.348,
or if the information is directly related to a bid, proposal or negotiations for the sale or
purchase of electricity or electricity services, and disclosure of the information would
cause a competitive disadvantage for the public body or its retail electricity customers.
This subsection does not apply to cost-of-service studies used in the development or
review of generally applicable rate schedules.
    (26) Sensitive business, commercial or financial information furnished to or
developed by the City of Klamath Falls, acting solely in connection with the ownership
and operation of the Klamath Cogeneration Project, if the information is directly related
to a transaction described in ORS 225.085 and disclosure of the information would cause
a competitive disadvantage for the Klamath Cogeneration Project. This subsection does
not apply to cost-of-service studies used in the development or review of generally
applicable rate schedules.
     (27) Personally identifiable information about customers of a municipal electric
utility or a people's utility district or the names, dates of birth, driver license numbers,
telephone numbers, electronic