Public records conditionally exempt from disclosure
(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 (Definitions for ORS 135) to 135.290 (Punishment by contempt of court);
(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 that 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 (Definitions) to the state for purposes of reimbursement of expenses or determining fees for patient care. Nothing in this subsection shall limit the use that 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 (Complaints) or 659A.825 (Complaints filed by Attorney General or commissioner), until such time as the complaint is resolved under ORS 659A.835 (Investigation), or a final order is issued under ORS 659A.850 (Hearing).
(9)Investigatory information relating to any complaint or charge filed under ORS 243.676 (Processing of unfair labor practice complaints) and 663.180 (Filing of charges of unfair practice).
(10)Records, reports and other information received or compiled by the Director of the Department of Consumer and Business Services under ORS 697.732 (Examinations).
(11)Information concerning the location of archaeological sites or objects as those terms are defined in ORS 358.905 (Definitions for ORS 358), 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)Fish and wildlife information:
(a)Developed pursuant to ORS 496.004 (Definitions), 496.172 (Commission management authority for threatened or endangered species) and 498.026 (Transaction in threatened or endangered wildlife species prohibited) or ORS 496.192 (Effect of law on commercial forestland or other private land) and 564.100 (Definitions for ORS 564), regarding the habitat, location or population of any threatened species or endangered species; or
(b)Described in section 2, chapter 532, Oregon Laws 2019.
(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 (Request for mediation services).
(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.
(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 (Contracts with affiliated interests), with a telecommunications carrier, as defined in ORS 133.721 (Definitions for ORS 41).
(20)The residence address of an elector if authorized under ORS 247.965 (When residence address of elector exempt from disclosure as public record) and subject to ORS 247.967 (Conditions where disclosure of elector’s residence address required).
(21)The following records, communications and information submitted to a housing authority as defined in ORS 456.005 (Definitions for ORS chapters 456 and 458), or to an urban renewal agency as defined in ORS 457.010 (Definitions), by applicants for and recipients of loans, grants and tax credits:
(a)Personal and corporate financial statements and information, including tax returns;
(c)Project appraisals, excluding appraisals obtained in the course of transactions involving an interest in real estate that is acquired, leased, rented, exchanged, transferred or otherwise disposed of as part of the project, but only after the transactions have closed and are concluded;
(d)Market studies and analyses;
(e)Articles of incorporation, partnership agreements and operating agreements;
(g)Project pro forma statements;
(h)Project cost certifications and cost data;
(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:
(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 (Studies) (6).
(24)Personal information held by or under the direction of officials of the Oregon Health and Science University or a public university listed in ORS 352.002 (Public universities) about a person who has or who is interested in donating money or property to the Oregon Health and Science University or a public university, 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 a public university listed in ORS 352.002 (Public universities).
(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 (Definitions for ORS 576) to 576.455 (Moneys of abolished commission), the Oregon Beef Council created under ORS 577.210 (Oregon Beef Council) or the Oregon Wheat Commission created under ORS 578.030 (Oregon Wheat Commission).
(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 (Confidentiality of Social Security numbers).
(29)The electronic mail address of a student who attends a public university listed in ORS 352.002 (Public universities) or Oregon Health and Science University.
(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.
(31)If requested by a public safety officer, as defined in ORS 181A.355 (Definitions for ORS 181A), or a county juvenile department employee who is charged with and primarily performs duties related to the custody, control or supervision of adjudicated youths confined in a detention facility, as defined in ORS 419A.004 (Definitions):
(a)The home address and home telephone number of the public safety officer or county juvenile department employee contained in the voter registration records for the officer or employee.
(b)The home address and home telephone number of the public safety officer or county juvenile department employee contained in records of the Department of Public Safety Standards and Training.
(c)The name of the public safety officer or county juvenile department employee contained in county real property assessment or taxation records. This exemption:
(A)Applies only to the name of the officer or employee and any other owner of the property in connection with a specific property identified by the officer or employee in a request for exemption from disclosure;
(B)Applies only to records that may be made immediately available to the public upon request in person, by telephone or using the Internet;
(C)Applies until the officer or employee requests termination of the exemption;
(D)Does not apply to disclosure of records among public bodies as defined in ORS 174.109 (“Public body” defined) for governmental purposes; and
(E)May not result in liability for the county if the name of the officer or employee is disclosed after a request for exemption from disclosure is made under this subsection.
(32)Unless the public records request is made by a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act), consumer finance company licensed under ORS chapter 725, mortgage banker or mortgage broker licensed under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English), or title company for business purposes, records described in paragraph (a) of this subsection, if the exemption from disclosure of the records is sought by an individual described in paragraph (b) of this subsection using the procedure described in paragraph (c) of this subsection:
(a)The home address, home or cellular telephone number or personal electronic mail address contained in the records of any public body that has received the request that is set forth in:
(A)A warranty deed, deed of trust, mortgage, lien, deed of reconveyance, release, satisfaction, substitution of trustee, easement, dog license, marriage license or military discharge record that is in the possession of the county clerk; or
(B)Any public record of a public body other than the county clerk.
(b)The individual claiming the exemption from disclosure must be a district attorney, a deputy district attorney, the Attorney General or an assistant attorney general, the United States Attorney for the District of Oregon or an assistant United States attorney for the District of Oregon, a city attorney who engages in the prosecution of criminal matters or a deputy city attorney who engages in the prosecution of criminal matters.
(c)The individual claiming the exemption from disclosure must do so by filing the claim in writing with the public body for which the exemption from disclosure is being claimed on a form prescribed by the public body. Unless the claim is filed with the county clerk, the claim form shall list the public records in the possession of the public body to which the exemption applies. The exemption applies until the individual claiming the exemption requests termination of the exemption or ceases to qualify for the exemption.
(33)The following voluntary conservation agreements and reports:
(a)Land management plans required for voluntary stewardship agreements entered into under ORS 541.973 (Stewardship agreements); and
(b)Written agreements relating to the conservation of greater sage grouse entered into voluntarily by owners or occupiers of land with a soil and water conservation district under ORS 568.550 (General powers of board of directors).
(34)Sensitive business records or financial or commercial information of the State Accident Insurance Fund Corporation that is not customarily provided to business competitors. This exemption does not:
(a)Apply to the formulas for determining dividends to be paid to employers insured by the State Accident Insurance Fund Corporation;
(b)Apply to contracts for advertising, public relations or lobbying services or to documents related to the formation of such contracts;
(c)Apply to group insurance contracts or to documents relating to the formation of such contracts, except that employer account records shall remain exempt from disclosure as provided in ORS 192.355 (Public records exempt from disclosure) (35); or
(d)Provide the basis for opposing the discovery of documents in litigation pursuant to the applicable rules of civil procedure.
(35)Records of the Department of Public Safety Standards and Training relating to investigations conducted under ORS 181A.640 (Grounds for denial, suspension or revocation of application or certification of person or accreditation of program) or 181A.870 (Board on Public Safety Standards and Training to establish standards) (6), until the department issues the report described in ORS 181A.640 (Grounds for denial, suspension or revocation of application or certification of person or accreditation of program) or 181A.870 (Board on Public Safety Standards and Training to establish standards).
(36)A medical examiner’s report, autopsy report or laboratory test report ordered by a medical examiner under ORS 146.117 (Autopsies).
(37)Any document or other information related to an audit of a public body, as defined in ORS 174.109 (“Public body” defined), that is in the custody of an auditor or audit organization operating under nationally recognized government auditing standards, until the auditor or audit organization issues a final audit report in accordance with those standards or the audit is abandoned. This exemption does not prohibit disclosure of a draft audit report that is provided to the audited entity for the entity’s response to the audit findings.
(b)The exemption from disclosure in paragraph (a) of this subsection does not apply to public records that have attributes of anonymity that are sufficient, or that are aggregated into groupings that are broad enough, to ensure that persons cannot be identified by disclosure of the public records.
(c)As used in this subsection:
(A)“Electronic fare collection system” means the software and hardware used for, associated with or relating to the collection of transit fares for a mass transit system, including but not limited to computers, radio communication systems, personal mobile devices, wearable technology, fare instruments, information technology, data storage or collection equipment, or other equipment or improvements.
(B)“Mass transit system” has the meaning given that term in ORS 267.010 (Definitions for ORS 267).
(C)“Personally identifiable information” means all information relating to a person that acquires or uses a transit pass or other fare payment medium in connection with an electronic fare collection system, including but not limited to:
(i)Customer account information, date of birth, telephone number, physical address, electronic mail address, credit or debit card information, bank account information, Social Security or taxpayer identification number or other identification number, transit pass or fare payment medium balances or history, or similar personal information; or
(ii)Travel dates, travel times, frequency of use, travel locations, service types or vehicle use, or similar travel information.
(A)The home address and home telephone number of the civil code enforcement officer contained in the voter registration records for the officer.
(B)The name of the civil code enforcement officer contained in county real property assessment or taxation records. This exemption:
(i)Applies only to the name of the civil code enforcement officer and any other owner of the property in connection with a specific property identified by the officer in a request for exemption from disclosure;
(ii)Applies only to records that may be made immediately available to the public upon request in person, by telephone or using the Internet;
(iii)Applies until the civil code enforcement officer requests termination of the exemption;
(iv)Does not apply to disclosure of records among public bodies as defined in ORS 174.109 (“Public body” defined) for governmental purposes; and
(v)May not result in liability for the county if the name of the civil code enforcement officer is disclosed after a request for exemption from disclosure is made under this subsection.
(b)As used in this subsection, “civil code enforcement officer” means an employee of a public body, as defined in ORS 174.109 (“Public body” defined), who is charged with enforcing laws or ordinances relating to land use, zoning, use of rights-of-way, solid waste, hazardous waste, sewage treatment and disposal or the state building code.
(40)Audio or video recordings, whether digital or analog, resulting from a law enforcement officer’s operation of a video camera worn upon the officer’s person that records the officer’s interactions with members of the public while the officer is on duty. When a recording described in this subsection is subject to disclosure, the following apply:
(a)Recordings that have been sealed in a court’s record of a court proceeding or otherwise ordered by a court not to be disclosed may not be disclosed.
(b)A request for disclosure under this subsection must identify the approximate date and time of an incident for which the recordings are requested and be reasonably tailored to include only that material for which a public interest requires disclosure.
(c)A video recording disclosed under this subsection must, prior to disclosure, be edited in a manner as to render the faces of all persons within the recording unidentifiable.
(41)The contents of tips reported to a tip line, as defined in ORS 339.329 (Statewide tip line to report information concerning threats or potential threats to student safety). However, personally identifiable information, as defined in ORS 339.329 (Statewide tip line to report information concerning threats or potential threats to student safety), is not subject to public interest balancing under this section and remains exempt from disclosure except as provided in ORS 339.329 (Statewide tip line to report information concerning threats or potential threats to student safety).
(42)Residential addresses of individuals with intellectual or developmental disabilities residing in adult foster homes as defined in ORS 443.705 (Definitions for ORS 443) or residential training facilities or residential training homes as those terms are defined in ORS 443.400 (Definitions for ORS 443). [Formerly 192.501; 2019 c.61 §1; 2019 c.130 §2; 2019 c.532 §3; 2021 c.318 §1; 2021 c.489 §22]
See also annotations under ORS 721.050 in permanent edition.
Notes of Decisions
Under former similar statute (ORS 192.500)
Records of criminal law investigations are generally available for public inspection when the criminal law purpose has ended. Jensen v. Schiffman, 24 Or App 11, 544 P2d 1048 (1976)
The Public Records Law is constitutional. Sadler v. Ore. State Bar, 275 Or 279, 550 P2d 1218 (1976)
Bar disciplinary records are not exempt from disclosure. Sadler v. Ore. State Bar, 275 Or 279, 550 P2d 1218 (1976)
Revenue Department’s subpoena of corporate records and information concerning machinery used by taxpayer in making cement pipe was properly enforced even though exemption of such business records from disclosure might not be sufficient to protect taxpayer’s interest in secrecy. Eola Concrete Tile & Products Co. v. Dept. of Rev., 288 Or 241, 603 P2d 1181 (1979)
Roster of names of substitute teachers in school district was not information “of a personal nature” or information “submitted to a public body in confidence” so as to exempt school district from disclosing it. Morrison v. School District No. 48, 53 Or App 148, 631 P2d 784 (1981), Sup Ct review denied
Names and addresses of employers against whom open unlawful employment practice complaints have been filed are not exempt from public disclosure as “investigatory information” relating to complaint. Pace Consultants v. Roberts, 297 Or 590, 687 P2d 779 (1984)
Social security numbers of government employes are not “public records or information the disclosure of which is prohibited by federal law or regulations....” AFSCME v. City of Albany, 81 Or App 231, 725 P2d 381 (1986)
Any “chilling effect” that disclosure of documents may have on future communications within agency, because of potential embarrassment to agency or its employes, is not sufficient to overcome presumption favoring disclosure. Coos County v. Ore. Dept. of Fish and Wildlife, 86 Or App 168, 739 P2d 47 (1987), Sup Ct review denied
Exemption for materials or documents supporting personnel discipline action does not apply where investigation of complaint does not result in disciplinary action. City of Portland v. Rice, 94 Or App 292, 765 P2d 228 (1988), aff’d 308 Or 118, 775 P2d 1371 (1989); City of Portland v. Anderson, 163 Or App 550, 988 P2d 402 (1999)
Where plaintiff brought civil rights action against police chief and police officers to recover for use of excessive force during arrest and moved to compel discovery, documents about psychological or psychiatric referral, evaluation or treatment of police officers for past incidents of violence or arrest were not privileged. Mueller v. Walker, 124 FRD 654 (D. Or. 1989)
ATTY. GEN. OPINIONS
Under former similar statute (ORS 192.500)
Release of patient’s confidential case records, (1974) Vol 36, p 1080; change of names in public records, (1977) Vol 38, p 945; release of materials to prisoners with respect to parole hearings, (1978) Vol 38, p 1881; Personal information of public library records as exempt from Public Records Law, (1981) Vol 41, p 435; Routine job performance evaluation material concerning local school district superintendent as within personal information exemption of Public Records Law, (1981) Vol 41, p 437; Executive sessions of Oregon Investment Council, (1982) Vol. 42, p 392
LAW REVIEW CITATIONS
Under former similar statute (ORS 192.500)
53 OLR 362, 363 (1974)