Oregon Public Records Law

192.410 Definitions for ORS 192.410 to 192.505. As used in ORS192.410 to 192.505:

1. “Custodian” means:
   1. The person described in ORS 7.110 for purposes of court records;or
   2. A public body mandated, directly or indirectly, to create, maintain,care for or control a public record. ” Custodian” does not includea public body that has custody of a public record as an agentof another public body that is the custodian unless the publicrecord is not otherwise available.
2. “Person” includes any natural person, corporation, partnership,firm or association.
3. “Public body” includes every state officer, agency, department,division, bureau, board and commission; every county and citygoverning 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. “Public record” includes any writing containing information relatingto the conduct of the public’s business, including but not limitedto court records, mortgages, and deed records, prepared, owned,used or retained by a public body regardless of physical formor characteristics.
5. “State agency” means any state officer, department, board, commissionor court created by the Constitution or statutes of this statebut does not include the Legislative Assembly or its members,committees, officers or employees insofar as they are exempt undersection 9, Article IV of the Oregon Constitution.
6. “Writing” means handwriting, typewriting, printing, photographingand every means of recording, including letters, words, pictures,sounds, or symbols, or combination thereof, and all papers, maps,files, facsimiles or electronic recordings.

192.420 Right to inspect public records.

Every person has a right to inspect any public record of a publicbody in this state, except as otherwise expressly provided byORS 192.501 to 192.505.

192.430 Functions of custodian of public records.

1. The custodian of any public records, including public recordsmaintained in machine readable or electronic form, unless otherwiseexpressly provided by statute, shall furnish proper and reasonableopportunities for inspection and examination of the records inthe office of the custodian and reasonable facilities for makingmemoranda or abstracts therefrom, during the usual business hours,to all persons having occasion to make examination of them. Ifthe public record is maintained in machine readable or electronicform, the custodian shall furnish proper and reasonable opportunityto assure access.
2. The custodian of the records may adopt reasonable rules necessaryfor the protection of the records and to prevent interferencewith the regular discharge of duties of the custodian.

192.440 Certified copies of public records; fees; waiver or reduction.

1. The custodian of any public record which a person has a rightto inspect shall give the person, on demand, a certified copyof it, if the record is of a nature permitting such copying, orshall furnish reasonable opportunity to inspect or copy.
2. If the public record is maintained in a machine readable or electronicform, the custodian shall provide copies of the public recordin the form requested, if available. If the public record is notavailable in the form requested, it shall be made available inthe form in which it is maintained.
3. The public body may establish fees reasonably calculated to reimburseit for its actual cost in making such records available includingcosts for summarizing, compiling or tailoring such record, eitherin organization or media, to meet the person’s request. However,when the records are those filed with the Secretary of State underORS chapter 79, the fees for furnishing copies, summaries or compilationsof such records are those established by the Secretary of Stateby rule, under ORS chapter 79.
4. The custodian of any public record may furnish copies withoutcharge or at a substantially reduced fee if the custodian determinesthat the waiver or reduction of fees is in the public interestbecause making the record available primarily benefits the generalpublic.
5. A person who believes that there has been an unreasonable denialof a fee waiver or fee reduction may petition the Attorney Generalor the district attorney in the same manner as a person petitionswhen inspection of a public record is denied under ORS 192.410to 192.505. The Attorney General, the district attorney and thecourt have the same authority in instances when a fee waiver orreduction is denied as it has when inspection of a public recordis denied.

192.445 Nondisclosure on request of home address and home telephonenumber; rules of procedure; duration of effect of request; liability;when not applicable.

1. An individual may submit a written request to a public body notto disclose a specified public record indicating the home addressor personal telephone number of the individual. A public bodyshall not disclose the specified public record if the individualdemonstrates to the satisfaction of the public body that the personalsafety of the individual or the personal safety of a family memberresiding with the individual is in danger if the home addressor personal telephone number remains available for public inspection.
2. The Attorney General shall adopt rules describing:
   1. The procedures for submitting the written request described insubsection (1) of this section.
   2. The evidence an individual shall provide to the public body toestablish that disclosure of the home address or telephone numberof the individual would constitute a danger to personal safety.Such evidence may include but is not limited to evidence thatthe individual or a family member residing with the individualhas:
      1. Been a victim of domestic violence;
      2. Obtained an order issued under ORS 133.055;
      3. Contacted a law enforcement officer involving domestic violenceor other physical abuse;
      4. Obtained a temporary restraining order or other no contact orderto protect the individual from future physical abuse; or
      5. Filed other criminal or civil legal proceedings regarding physicalprotection.
   3. The procedures for submitting the written notification from theindividual that disclosure of the home address or personal telephonenumber of the individual no longer constitutes a danger to personalsafety.
3. A request described in subsection (1) of this section shall remaineffective:
   1. Until the public body receives a written request for terminationbut no later than five years after the date that a public bodyreceives the request; or
   2. In the case of a voter registration record, until the individualmust update the individual’s voter registration, at which timethe individual may apply for another exemption from disclosure.
4. A public body may disclose a home address or personal telephonenumber of an individual exempt from disclosure under subsection(1) of this section upon court order, on request from any lawenforcement agency or with the consent of the individual.
5. A public body shall not be held liable for granting or denyingan exemption from disclosure under this section or any other unauthorizedrelease of a home address or personal telephone number grantedan exemption from disclosure under this section.
6. This section does not apply to county property and lien records.

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

192.450 Petition to review denial of right to inspect state publicrecord; appeal from decision of Attorney General denying inspection.

1. Subject to ORS 192.480, any person denied the right to inspector to receive a copy of any public record of a state agency maypetition the Attorney General to review the public record to determineif it may be withheld from public inspection. The burden is onthe agency to sustain its action. The Attorney General shall issuean order denying or granting the petition, or denying it in partand granting it in part, within seven days from the day the AttorneyGeneral receives the petition.
2. If the Attorney General grants the petition and orders the stateagency to disclose the record, or if the Attorney General grantsthe petition in part and orders the state agency to disclose aportion of the record, the state agency shall comply with theorder in full within seven days after issuance of the order, unlesswithin the seven-day period it issues a notice of its intentionto institute proceedings for injunctive or declaratory reliefin the Circuit Court for Marion County. Copies of the notice shallbe sent to the Attorney General and by certified mail to the petitionerat the address shown on the petition. The state agency shall institutethe proceedings within seven days after it issues its notice ofintention to do so. If the Attorney General denies the petitionin whole or in part, or if the state agency continues to withholdthe record or a part of it notwithstanding an order to discloseby the Attorney General, the person seeking disclosure may institutesuch proceedings.
3. The Attorney General shall serve as counsel for the state agencyin a suit filed under subsection (2) of this section if the suitarises out of a determination by the Attorney General that thepublic record should not be disclosed, or that a part of the publicrecord should not be disclosed if the state agency has fully compliedwith the order of the Attorney General requiring disclosure ofanother part or parts of the public record, and in no other case.In any case in which the Attorney General is prohibited from servingas counsel for the state agency, the agency may retain specialcounsel.

192.460 Procedure to review denial of right to inspect other publicrecords.

ORS 192.450 is equally applicable to the case of a person deniedthe right to inspect or receive a copy of any public record ofa public body other than a state agency, except that in such casethe district attorney of the county in which the public body islocated, or if it is located in more than one county the districtattorney of the county in which the administrative offices ofthe public body are located, shall carry out the functions ofthe Attorney General, and any suit filed shall be filed in thecircuit court for such county, and except that the district attorneyshall not serve as counsel for the public body, in the cases permittedunder ORS 192.450 (3), unless the district attorney ordinarilyserves as counsel for it.

192.465 Effect of failure of Attorney General, district attorneyor public official to take timely action on inspection petition.

1. The failure of the Attorney General or district attorney to issuean order under ORS 192.450 or 192.460 denying, granting, or denyingin part and granting in part a petition to require disclosurewithin seven days from the day of receipt of the petition shallbe treated as an order denying the petition for the purpose ofdetermining whether a person may institute proceedings for injunctiveor declaratory relief under ORS 192.450 or 192.460.
2. The failure of an elected official to deny, grant, or deny inpart and grant in part a request to inspect or receive a copyof a public record within seven days from the day of receipt ofthe request shall be treated as a denial of the request for thepurpose of determining whether a person may institute proceedingsfor injunctive or declaratory relief under ORS 192.450 or 192.460.

192.470 Petition form; procedure when petition received.

1. A petition to the Attorney General or district attorney requestingthe Attorney General or district attorney to order a public recordto be made available for inspection or to be produced shall bein substantially the following form, or in a form containing thesame information: ______________________________________________________________________
   (date)
   ______________
   I (we), ____________ (name(s)), the undersigned, request the AttorneyGeneral (or District Attorney of ______ County) to order ______(name of governmental body) and its employees to (make availablefor 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’soffice in Salem, or the district attorney’s office in the countycourthouse.
2. Promptly upon receipt of such a petition, the Attorney Generalor district attorney shall notify the public body involved. Thepublic body shall thereupon transmit the public record disclosureof which is sought, or a copy, to the Attorney General, togetherwith a statement of its reasons for believing that the publicrecord should not be disclosed. In an appropriate case, with theconsent of the Attorney General, the public body may instead disclosethe nature or substance of the public record to the Attorney General.

192.480 Procedure to review denial by elected official of rightto inspect public records.

In any case in which a person is denied the right to inspect orto receive a copy of a public record in the custody of an electedofficial, or in the custody of any other person but as to whichan elected official claims the right to withhold disclosure, nopetition to require disclosure may be filed with the AttorneyGeneral or district attorney, or if a petition is filed it shallnot be considered by the Attorney General or district attorneyafter a claim of right to withhold disclosure by an elected official.In such case a person denied the right to inspect or to receivea copy of a public record may institute proceedings for injunctiveor declaratory relief in the appropriate circuit court, as specifiedin ORS 192.450 or 192.460, and the Attorney General or districtattorney may upon request serve or decline to serve, in the discretionof the Attorney General or district attorney, as counsel in suchsuit for an elected official for which the Attorney General ordistrict attorney ordinarily serves as counsel. Nothing in thissection shall preclude an elected official from requesting advicefrom the Attorney General or a district attorney as to whethera public record should be disclosed.

192.490 Court authority in reviewing action denying right to inspectpublic 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 withholdingrecords and to order the production of any records improperlywithheld from the person seeking disclosure. The court shall determinethe matter de novo and the burden is on the public body to sustainits action. The court, on its own motion, may view the documentsin controversy in camera before reaching a decision. Any noncompliancewith 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 192.480take precedence on the docket over all other causes and shallbe assigned for hearing and trial at the earliest practicabledate and expedited in every way.
3. If a person seeking the right to inspect or to receive a copyof a public record prevails in the suit, the person shall be awardedcosts and disbursements and reasonable attorney fees at trialand on appeal. If the person prevails in part, the court may inits discretion award the person costs and disbursements and reasonableattorney fees at trial and on appeal, or an appropriate portionthereof. If the state agency failed to comply with the AttorneyGeneral’s order in full and did not issue a notice of intentionto institute proceedings pursuant to ORS 192.450 (2) within sevendays after issuance of the order, or did not institute the proceedingswithin seven days after issuance of the notice, the petitionershall be awarded costs of suit at the trial level and reasonableattorney fees regardless of which party instituted the suit andregardless of which party prevailed therein.

192.495 Inspection of records more than 25 years old.

Notwithstanding ORS 192.501 to 192.505 and except as otherwiseprovided in ORS 192.496, public records that are more than 25years old shall be available for inspection.

192.496 Public records exempt from disclosure because of age;student records.

The following public records are exempt from disclosure:

1. Records less than 75 years old which contain information aboutthe physical or mental health or psychiatric care or treatmentof a living individual, if the public disclosure thereof wouldconstitute an unreasonable invasion of privacy. The party seekingdisclosure shall have the burden of showing by clear and convincingevidence that the public interest requires disclosure in the particularinstance and that public disclosure would not constitute an unreasonableinvasion of privacy.
2. Records less than 75 years old which were sealed in compliancewith statute or by court order. Such records may be disclosedupon order of a court of competent jurisdiction or as otherwiseprovided by law.
3. Records of a person who is or has been in the custody or underthe lawful supervision of a state agency, a court or a unit oflocal government, are exempt from disclosure for a period of 25years after termination of such custody or supervision to theextent that disclosure thereof would interfere with the rehabilitationof the person if the public interest in confidentiality clearlyoutweighs the public interest in disclosure. Nothing in this subsection,however, shall be construed as prohibiting disclosure of the factthat a person is in custody.
4. Student records required by state or federal law to be exemptfrom disclosure.

192.501 Public records exempt from disclosure.

The following public records are exempt from disclosure underORS192.410 to 192.505 unless the public interest requires disclosurein the particular instance:

1. Records of a public body pertaining to litigation to which thepublic body is a party if the complaint has been filed, or ifthe complaint has not been filed, if the public body shows thatsuch litigation is reasonably likely to occur. This exemptiondoes not apply to litigation which has been concluded, and nothingin this subsection shall limit any right or opportunity grantedby discovery or deposition statutes to a party to litigation orpotential 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 compilationof information which is not patented, which is known only to certainindividuals within an organization and which is used in a businessit conducts, having actual or potential commercial value, andwhich gives its user an opportunity to obtain a business advantageover 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 disclosedunless and only for so long as there is a clear need to delaydisclosure in the course of a specific investigation, includingthe need to protect the complaining party or the victim. Nothingin this subsection shall limit any right constitutionally guaranteed,or granted by statute, to disclosure or discovery in criminalcases. For purposes of this subsection, the record of an arrestor the report of a crime includes, but is not limited to:
   1. The arrested person’s name, age, residence, employment, maritalstatus and similar biographical information;
   2. The offense with which the arrested person is charged;
   3. The conditions of release pursuant to ORS 135.230 to 135.290;
   4. The identity of and biographical information concerning both complainingparty and victim;
   5. The identity of the investigating and arresting agency and thelength of the investigation;
   6. The circumstances of arrest, including time, place, resistance,pursuit and weapons used; and
   7. Such information as may be necessary to enlist public assistancein apprehending fugitives from justice;
4. Test questions, scoring keys, and other data used to administera licensing examination, employment, academic or other examinationor testing procedure before the examination is given and if theexamination is to be used again. Records establishing proceduresfor and instructing persons administering, grading or evaluatingan examination or testing procedure are included in this exemption,to the extent that disclosure would create a risk that the resultmight be affected;
5. Information consisting of production records, sale or purchaserecords or catch records, or similar business records of a privateconcern or enterprise, required by law to be submitted to or inspectedby a governmental body to allow it to determine fees or assessmentspayable or to establish production quotas, and the amounts ofsuch fees or assessments payable or paid, to the extent that suchinformation is in a form which would permit identification ofthe individual concern or enterprise. This exemption does notinclude records submitted by long term care facilities as definedin ORS 442.015 to the state for purposes of reimbursement of expensesor determining fees for patient care. Nothing in this subsectionshall limit the use which can be made of such information forregulatory purposes or its admissibility in any enforcement proceeding;
6. Information relating to the appraisal of real estate prior toits acquisition;
7. The names and signatures of employees who sign authorization cardsor petitions for the purpose of requesting representation or decertificationelections;
8. Investigatory information relating to any complaint filed underORS 659.040 or 659.045, until such time as the complaint is resolvedunder ORS 659.050, or a final administrative determination ismade under ORS 659.060;
9. Investigatory information relating to any complaint or chargefiled under ORS 243.676 and 663.180;
10. Records, reports and other information received or compiled bythe Director of the Department of Consumer and Business Servicesunder ORS 697.732;
11. Information concerning the location of archaeological sites orobjects as those terms are defined in ORS 358.905, except if thegoverning body of an Indian tribe requests the information andthe need for the information is related to that Indian tribe’scultural or religious activities. This exemption does not includeinformation 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 supportingthat action;
13. Information developed pursuant to ORS 496.004, 496.172 and 498.026or ORS 496.192 and 564.100, regarding the habitat, location orpopulation of any threatened species or endangered species;
14. Writings prepared by or under the direction of faculty of publiceducational institutions, in connection with research, until publiclyreleased, copyrighted or patented;
15. Computer programs developed or purchased by or for any publicbody for its own use. As used in this subsection, ” computer program”means a series of instructions or statements which permit thefunctioning of a computer system in a manner designed to providestorage, retrieval and manipulation of data from such computersystem, and any associated documentation and source material thatexplain how to operate the computer program. ” Computer program”does not include:
    1. The original data, including but not limited to numbers, text,voice, graphics and images;
    2. Analyses, compilations and other manipulated forms of the originaldata produced by use of the program; or
    3. The mathematical and statistical formulas which would be usedif the manipulated forms of the original data were to be producedmanually;
16. Data and information provided by participants to mediation undersection 5, chapter 967, Oregon Laws 1989;
17. Investigatory information relating to any complaint or chargefiled under ORS chapter 654, until a final administrative determinationis made or, if a citation is issued, until an employer receivesnotice of any citation;
18. Specific operational plans in connection with an anticipated threatto individual or public safety for deployment and use of personneland equipment, prepared and used by a law enforcement agency,if public disclosure thereof would endanger the life or physicalsafety of a citizen or law enforcement officer or jeopardize thelaw enforcement activity involved;
19.  
    1. Audits or audit reports of a telecommunications utility. As usedin this paragraph, “audit or audit report of a telecommunicationsutility” means any external or internal audit or audit reportpertaining to a telecommunications utility, as defined in ORS759.005, or pertaining to a corporation having an affiliated interest,as defined in ORS 759.010, with a telecommunications utility thatis 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 thetelecommunications utility or affiliate under compulsion of statelaw. “Audit or audit report of a telecommunications utility” doesnot mean an audit of a cost study that would be discoverable ina contested case proceeding and that is not subject to a protectiveorder.
    2. Financial statements. As used in this paragraph, ” financial statement”means a financial statement of a nonregulated corporation havingan affiliated interest, as defined in ORS 759.010, with a telecommunicationsutility, as defined in ORS 759.005; and
20. The residence address of an elector if authorized under ORS 247.965and subject to ORS 247.967.

Note: The amendments to 192.501 by section 13, chapter 967, OregonLaws 1989, section 2, chapter 636, and section 2, chapter 678,Oregon Laws 1991, section 5, chapter 616, and section 2, chapter787, Oregon Laws 1993, and section 3, chapter 604, Oregon Laws1995, take effect January 1, 2000. See section 17, chapter 967,Oregon Laws 1989, as amended by section 1, chapter 277, OregonLaws 1995. The text that is effective on and after January 1,2000, is set forth for the user’s convenience.

192.501. The following public records are exempt from disclosureunder ORS 192.410 to 192.505 unless the public interest requiresdisclosure in the particular instance:

1. Records of a public body pertaining to litigation to which thepublic body is a party if the complaint has been filed, or ifthe complaint has not been filed, if the public body shows thatsuch litigation is reasonably likely to occur. This exemptiondoes not apply to litigation which has been concluded, and nothingin this subsection shall limit any right or opportunity grantedby discovery or deposition statutes to a party to litigation orpotential 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 compilationof information which is not patented, which is known only to certainindividuals within an organization and which is used in a businessit conducts, having actual or potential commercial value, andwhich gives its user an opportunity to obtain a business advantageover 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 disclosedunless and only for so long as there is a clear need to delaydisclosure in the course of a specific investigation, includingthe need to protect the complaining party or the victim. Nothingin this subsection shall limit any right constitutionally guaranteed,or granted by statute, to disclosure or discovery in criminalcases. For purposes of this subsection, the record of an arrestor the report of a crime includes, but is not limited to:
   1. The arrested person’s name, age, residence, employment, maritalstatus and similar biographical information;
   2. The offense with which the arrested person is charged;
   3. The conditions of release pursuant to ORS 135.230 to 135.290;
   4. The identity of and biographical information concerning both complainingparty and victim;
   5. The identity of the investigating and arresting agency and thelength of the investigation;
   6. The circumstances of arrest, including time, place, resistance,pursuit and weapons used; and
   7. Such information as may be necessary to enlist public assistancein apprehending fugitives from justice;
4. Test questions, scoring keys, and other data used to administera licensing examination, employment, academic or other examinationor testing procedure before the examination is given and if theexamination is to be used again. Records establishing proceduresfor and instructing persons administering, grading or evaluatingan examination or testing procedure are included in this exemption,to the extent that disclosure would create a risk that the resultmight be affected;
5. Information consisting of production records, sale or purchaserecords or catch records, or similar business records of a privateconcern or enterprise, required by law to be submitted to or inspectedby a governmental body to allow it to determine fees or assessmentspayable or to establish production quotas, and the amounts ofsuch fees or assessments payable or paid, to the extent that suchinformation is in a form which would permit identification ofthe individual concern or enterprise. This exemption does notinclude records submitted by long term care facilities as definedin ORS 442.015 to the state for purposes of reimbursement of expensesor determining fees for patient care. Nothing in this subsectionshall limit the use which can be made of such information forregulatory purposes or its admissibility in any enforcement proceeding;
6. Information relating to the appraisal of real estate prior toits acquisition;
7. The names and signatures of employees who sign authorization cardsor petitions for the purpose of requesting representation or decertificationelections;
8. Investigatory information relating to any complaint filed underORS 659.040 or 659.045, until such time as the complaint is resolvedunder ORS 659.050, or a final administrative determination ismade under ORS 659.060;
9. Investigatory information relating to any complaint or chargefiled under ORS 243.676 and 663.180;
10. Records, reports and other information received or compiled bythe Director of the Department of Consumer and Business Servicesunder ORS 697.732;
11. Information concerning the location of archaeological sites orobjects as those terms are defined in ORS 358.905, except if thegoverning body of an Indian tribe requests the information andthe need for the information is related to that Indian tribe’scultural or religious activities. This exemption does not includeinformation 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 supportingthat action;
13. Information developed pursuant to ORS 496.004, 496.172 and 498.026or ORS 496.192 and 564.100, regarding the habitat, location orpopulation of any threatened species or endangered species;
14. Writings prepared by or under the direction of faculty of publiceducational institutions, in connection with research, until publiclyreleased, copyrighted or patented;
15. Computer programs developed or purchased by or for any publicbody for its own use. As used in this subsection, ” computer program”means a series of instructions or statements which permit thefunctioning of a computer system in a manner designed to providestorage, retrieval and manipulation of data from such computersystem, and any associated documentation and source material thatexplain how to operate the computer program. ” Computer program”does not include:
    1. The original data, including but not limited to numbers, text,voice, graphics and images;
    2. Analyses, compilations and other manipulated forms of the originaldata produced by use of the program; or
    3. The mathematical and statistical formulas which would be usedif the manipulated forms of the original data were to be producedmanually;
16. Investigatory information relating to any complaint or chargefiled under ORS chapter 654, until a final administrative determinationis made or, if a citation is issued, until an employer receivesnotice of any citation;
17. Specific operational plans in connection with an anticipated threatto individual or public safety for deployment and use of personneland equipment, prepared and used by a law enforcement agency,if public disclosure thereof would endanger the life or physicalsafety of a citizen or law enforcement officer or jeopardize thelaw enforcement activity involved;
18.  
    1. Audits or audit reports of a telecommunications utility. As usedin this paragraph, “audit or audit report of a telecommunicationsutility” means any external or internal audit or audit reportpertaining to a telecommunications utility, as defined in ORS759.005, or pertaining to a corporation having an affiliated interest,as defined in ORS 759.010, with a telecommunications utility thatis 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 thetelecommunications utility or affiliate under compulsion of statelaw. “Audit or audit report of a telecommunications utility” doesnot mean an audit of a cost study that would be discoverable ina contested case proceeding and that is not subject to a protectiveorder.
    2. Financial statements. As used in this paragraph, ” financial statement”means a financial statement of a nonregulated corporation havingan affiliated interest, as defined in ORS 759.010, with a telecommunicationsutility, as defined in ORS 759.005; and
19. The residence address of an elector if authorized under ORS 247.965and subject to ORS 247.967.

192.502 Other exempt records.

The following public records are exempt from disclosure underORS 192.410 to 192.505:

1. Communications within a public body or between public bodies ofan advisory nature to the extent that they cover other than purelyfactual materials and are preliminary to any final agency determinationof policy or action. This exemption shall not apply unless thepublic body shows that in the particular instance the public interestin encouraging frank communication between officials and employeesof public bodies clearly outweighs the public interest in disclosure.
2. Information of a personal nature such as but not limited to thatkept in a personal, medical or similar file, if the public disclosurethereof would constitute an unreasonable invasion of privacy,unless the public interest by clear and convincing evidence requiresdisclosure in the particular instance. The party seeking disclosureshall have the burden of showing that public disclosure wouldnot constitute an unreasonable invasion of privacy.
3. Information submitted to a public body in confidence and not otherwiserequired by law to be submitted, where such information shouldreasonably be considered confidential, the public body has obligeditself in good faith not to disclose the information, and whenthe public interest would suffer by the disclosure.
4. Information or records of the Department of Corrections, includingthe State Board of Parole and Post-Prison Supervision, to theextent that disclosure thereof would interfere with the rehabilitationof a person in custody of the department or substantially prejudiceor prevent the carrying out of the functions of the department,if the public interest in confidentiality clearly outweighs thepublic interest in disclosure.
5. Records, reports and other information received or compiled bythe Director of the Department of Consumer and Business Servicesin the administration of ORS chapters 723 and 725 not otherwiserequired by law to be made public, to the extent that the interestsof lending institutions, their officers, employees and customersin preserving the confidentiality of such information outweighsthe public interest in disclosure.
6. Reports made to or filed with the court under ORS 137.077 or 137.530.
7. Any public records or information the disclosure of which is prohibitedby federal law or regulations.
8. Public records or information the disclosure of which is prohibitedor restricted or otherwise made confidential or privileged underOregon law.
9. Public records or information described in this section, furnishedby the public body originally compiling, preparing or receivingthem to any other public officer or public body in connectionwith performance of the duties of the recipient, if the considerationsoriginally giving rise to the confidential or exempt nature ofthe public records or information remain applicable.
10. Records of the Energy Facility Siting Council concerning the reviewor approval of security programs pursuant to ORS 469.530.
11. Employee and retiree address, telephone number and other nonfinancialmembership records and employee financial records maintained bythe Public Employes’ Retirement System pursuant to ORS chapter238 and ORS 238.410.
12. Records submitted by private persons or businesses to the StateTreasurer or the Oregon Investment Council relating to proposedacquisition, exchange or liquidation of public investments underORS chapter 293 may be treated as exempt from disclosure whenand only to the extent that disclosure of such records reasonablymay be expected to substantially limit the ability of the OregonInvestment Council to effectively compete or negotiate for, solicitor conclude such transactions. Records which relate to concludedtransactions are not subject to this exemption.
13. The monthly reports prepared and submitted under ORS 293.761 and293.766 concerning the Public Employes’ Retirement Fund and theIndustrial Accident Fund may be uniformly treated as exempt fromdisclosure for a period of up to 90 days after the end of thecalendar quarter.
14. Reports of unclaimed property filed by the holders of such propertyto the extent permitted by ORS 98.352.
15. The following records, communications and information submittedto the Oregon Economic Development Commission, the Economic DevelopmentDepartment, the State Department of Agriculture, the Oregon Resourceand Technology Development Corporation, the Port of Portland orother ports, as defined in ORS 777.005, by applicants for loansor services described in ORS 285.120:
    1. Personal financial statements.
    2. Financial statements of applicants.
    3. Customer lists.
    4. Information of an applicant pertaining to litigation to whichthe applicant is a party if the complaint has been filed, or ifthe complaint has not been filed, if the applicant shows thatsuch litigation is reasonably likely to occur; this exemptiondoes not apply to litigation which has been concluded, and nothingin this paragraph shall limit any right or opportunity grantedby discovery or deposition statutes to a party to litigation orpotential litigation.
    5. Production, sales and cost data.
    6. Marketing strategy information that relates to applicant’s planto address specific markets and applicant’s strategy regardingspecific competitors.
16. Records, reports or returns submitted by private concerns or enterprisesrequired by law to be submitted to or inspected by a governmentalbody to allow it to determine the amount of any transient lodgingtax payable and the amounts of such tax payable or paid, to theextent that such information is in a form which would permit identificationof the individual concern or enterprise. Nothing in this subsectionshall limit the use which can be made of such information forregulatory purposes or its admissibility in any enforcement proceedings.The public body shall notify the taxpayer of the delinquency immediatelyby certified mail. However, in the event that the payment or deliveryof transient lodging taxes otherwise due to a public body is delinquentby over 60 days, the public body shall disclose, upon the requestof any person, the following information:
    1. The identity of the individual concern or enterprise that is delinquentover 60 days in the payment or delivery of the taxes.
    2. The period for which the taxes are delinquent.
    3. The actual, or estimated, amount of the delinquency.
17. All information supplied by a person under ORS 151.430 to 151.491for the purpose of requesting court-appointed counsel, and allinformation supplied to the State Court Administrator from whateversource for the purpose of verifying indigency of a person pursuantto ORS 151.430 to 151.491.
18. Workers’ compensation claim records of the Department of Consumerand Business Services, except in accordance with rules adoptedby the Director of the Department of Consumer and Business Services,in any of the following circumstances:
    1. When necessary for insurers, self-insured employers and thirdparty claim administrators to process workers’ compensation claims.
    2. When necessary for the director, other governmental agencies ofthis state or the United States to carry out their duties, functionsor powers.
    3. When the disclosure is made in such a manner that the disclosedinformation cannot be used to identify any worker who is the subjectof a claim.
    4. When a worker or the worker’s representative requests review ofthe worker’s claim record.
19. Sensitive business records or financial or commercial informationof the Oregon Health Sciences University that is not customarilyprovided to business competitors.
20. Records of the Oregon Health Sciences University regarding candidatesfor the position of university president.
21. The records of a library, including circulation records, showinguse of specific library material by a named person or consistingof the name of a library patron together with the address or telephonenumber, or both, of the patron.

192.503 Release of information submitted to Department of Transportationlimited; certification of intent by requester.

1. A person or agency submitting a report to the Department of Transportationunder ORS 810.460 and 810.470 may not release the report or informationfrom the report to any person who intends to use the informationfor commercial purposes.
2. For purposes of determining intent, the person or agency responsiblefor deciding whether or not information may be released is entitledto rely on a written certification of intent signed by the personrequesting release of the report or information.
3. As used in this section, “commercial purposes” has the meaninggiven in ORS 802.224.

192.505 Exempt and nonexempt public record to be separated.

If any public record contains material which is not exempt underORS 192.501 and 192.502, as well as material which is exempt fromdisclosure, the public body shall separate the exempt and nonexemptmaterial and make the nonexempt material available for examination.