1-27-1.5 Certain records not open to inspection and copying.
1-27-1.5.
Certain records not open to inspection and copying.
The following records are not
subject to §§ 1-27-1, 1-27-1.1, and 1-27-1.3:
(1)
Personal information in records regarding any student, prospective student, or former
student of any educational institution if such records are maintained by and in the
possession of a public entity, other than routine directory information specified and made
public consistent with 20 U. S.C. 1232g, as such section existed on January 1, 2009;
(2)
Medical records, including all records of drug or alcohol testing, treatment, or counseling,
other than records of births and deaths. This law in no way abrogates or changes existing
state and federal law pertaining to birth and death records;
(3)
Trade secrets, the specific details of bona fide research, applied research, or scholarly or
creative artistic projects being conducted at a school, postsecondary institution or
laboratory funded in whole or in part by the state, and other proprietary or commercial
information which if released would infringe intellectual property rights, give advantage
to business competitors, or serve no material public purpose;
(4)
Records which consist of attorney work product or which are subject to any privilege
recognized in chapter 19-13;
(5)
Records developed or received by law enforcement agencies and other public bodies
charged with duties of investigation or examination of persons, institutions, or businesses,
if the records constitute a part of the examination, investigation, intelligence information,
citizen complaints or inquiries, informant identification, or strategic or tactical
information used in law enforcement training. However, this subdivision does not apply
to records so developed or received relating to the presence of and amount or
concentration of alcohol or drugs in any body fluid of any person, and this subdivision
does not apply to a 911 recording or a transcript of a 911 recording, if the agency or a
court determines that the public interest in disclosure outweighs the interest in
nondisclosure. This law in no way abrogates or changes §§ 23-5-7 and 23-5-11 or
testimonial privileges applying to the use of information from confidential informants;
(6)
Appraisals or appraisal information and negotiation records concerning the purchase or
sale, by a public body, of any interest in real or personal property;
(7)
Personnel information other than salaries and routine directory information. However, this
subdivision does not apply to the public inspection or copying of any current or prior
contract with any public employee and any related document that specifies the
consideration to be paid to the employee;
(8)
Information solely pertaining to protection of the security of public or private property and
persons on or within public or private property, such as specific, unique vulnerability
assessments or specific, unique response plans, either of which is intended to prevent or
mitigate criminal acts, emergency management or response, or public safety, the public
disclosure of which would create a substantial likelihood of endangering public safety or
property; computer or communications network schema, passwords, and user
identification names; guard schedules; lock combinations; or any blueprints, building
plans, or infrastructure records regarding any building or facility that expose or create
vulnerability through disclosure of the location, configuration, or security of critical
systems;
(9)
The security standards, procedures, policies, plans, specifications, diagrams, access lists,
and other security-related records of the Gaming Commission and those persons or
entities with which the commission has entered into contractual relationships. Nothing in
this subdivision allows the commission to withhold from the public any information
relating to amounts paid persons or entities with which the commission has entered into
contractual relationships, amounts of prizes paid, the name of the prize winner, and the
municipality, or county where the prize winner resides;
(10)
Personally identified private citizen account payment information, credit information on
others supplied in confidence, and customer lists;
(11)
Records or portions of records kept by a publicly funded library which, when examined
with or without other records, reveal the identity of any library patron using the library's
materials or services;
(12)
Correspondence, memoranda, calendars or logs of appointments, working papers, and
records of telephone calls of public officials or employees;
(13)
Records or portions of records kept by public bodies which would reveal the location,
character, or ownership of any known archaeological, historical, or paleontological site
in South Dakota if necessary to protect the site from a reasonably held fear of theft,
vandalism, or trespass. This subdivision does not apply to the release of information for
the purpose of scholarly research, examination by other public bodies for the protection
of the resource or by recognized tribes, or the federal Native American Graves Protection
and Repatriation Act;
(14)
Records or portions of records kept by public bodies which maintain collections of
archeological, historical, or paleontological significance which nongovernmental donors
have requested to remain closed or which reveal the names and addresses of donors of
such articles of archaeological, historical, or paleontological significance unless the donor
approves disclosure, except as the records or portions thereof may be needed to carry out
the purposes of the federal Native American Graves Protection and Repatriation Act and
the Archeological Resources Protection Act;
(15)
Employment applications and related materials, except for applications and related
materials submitted by individuals hired into executive or policymaking positions of any
public body;
(16)
Social security numbers; credit card, charge card, or debit card numbers and expiration
dates; passport numbers, driver license numbers; or other personally identifying numbers
or codes; and financial account numbers supplied to state and local governments by
citizens or held by state and local governments regarding employees or contractors;
(17)
Any emergency or disaster response plans or protocols, safety or security audits or
reviews, or lists of emergency or disaster response personnel or material; any location or
listing of weapons or ammunition; nuclear, chemical, or biological agents; or other
military or law enforcement equipment or personnel;
(18)
Any test questions, scoring keys, results, or other examination data for any examination
to obtain licensure, employment, promotion or reclassification, or academic credit;
(19)
Personal correspondence, memoranda, notes, calendars or appointment logs, or other
personal records or documents of any public official or employee;
(20)
Any document declared closed or confidential by court order, contract, or stipulation of
the parties to any civil or criminal action or proceeding;
(21)
Any list of names or other personally identifying data of occupants of camping or lodging
facilities from the Department of Game, Fish and Parks;
(22)
Records which, if disclosed, would constitute an unreasonable release of personal
information;
(23)
Records which, if released, could endanger the life or safety of any person;
(24)
Internal agency record or information received by agencies that are not required to be filed
with such agencies, if the records do not constitute final statistical or factual tabulations,
final instructions to staff that affect the public, or final agency policy or determinations,
or any completed state or federal audit and if the information is not otherwise public
under other state law, including chapter 15-15A and § 1-26-21;
(25)
Records of individual children regarding commitment to the Department of Corrections
pursuant to chapters 26-8B and 26-8C;
(26)
Records regarding inmate disciplinary matters pursuant to § 1-15-20; and
(27)
Any other record made closed or confidential by state or federal statute or rule or as
necessary to participate in federal programs and benefits.
Source: SL 2009, ch 10, § 6; SL 2012, ch 11, § 1.