LD 2111
pg. 6
Page 5 of 11 An Act To Implement the Recommendations of the Freedom of Access Advisory Commi... Page 7 of 11
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LR 3212
Item 1

 
C. Whether federal law requires a record to be confidential;

 
D. Whether the exception protects an individual's privacy
interest and, if so, whether that interest substantially
outweighs the public interest in the disclosure of records;

 
E. Whether public disclosure puts a business at a
competitive disadvantage and, if so, whether that business's
interest substantially outweighs the public interest in the
disclosure of records;

 
F. Whether public disclosure compromises the position of a
public body in negotiations and, if so, whether that public
body's interest substantially outweighs the public interest
in the disclosure of records;

 
G. Whether public disclosure jeopardizes the safety of a
member of the public or the public in general and, if so,
whether that safety interest substantially outweighs the
public interest in the disclosure of records;

 
H. Whether the exception is as narrowly tailored as
possible; and

 
I. Any other criteria that assist the review committee in
determining the value of the exception as compared to the
public's interest in the record protected by the exception.

 
2-A.__Accountability review of agency or official. In
evaluating each public records exception, the advisory committee
shall, in addition to applying the criteria of subsection 2,
determine whether there is a publicly accountable entity that has
authority to review the agency or official that collects,
maintains or uses the record subject to the exception in order to
ensure that information collection, maintenance and use are
consistent with the purpose of the exception and that public
access to public records is not hindered.

 
2-B.__Recommendations to review committee.__The advisory
committee shall report its recommendations under this section to
the review committee no later than the convening of the second
regular session of each Legislature.

 
3. Assistance from committees of jurisdiction. The review
advisory committee shall may seek assistance in evaluating public
records exceptions from the joint standing committees of the
Legislature having jurisdiction over the subject matter related
to the exceptions being reviewed. The review advisory committee
may hold joint public hearings with after notice to the


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