(a) (1) The medical records of patients in state, county and municipal hospitals and medical facilities, and the medical records of persons receiving medical treatment, in whole or in part, at the expense of the state, county or municipality, shall be treated as confidential and shall not be open for inspection by members of the public. Any records containing the source of body parts for transplantation or any information concerning persons donating body parts for transplantation shall be treated as confidential and shall not be open for inspection by members of the public.
(2) All investigative records of the Tennessee bureau of investigation, all criminal investigative files of the motor vehicle enforcement division of the department of safety relating to stolen vehicles or parts, and all files of the handgun carry permit and driver license issuance divisions of the department of safety relating to bogus handgun carry permits and bogus driver licenses issued to undercover law enforcement agents shall be treated as confidential and shall not be open to inspection by members of the public. The information contained in such records shall be disclosed to the public only in compliance with a subpoena or an order of a court of record; however, such investigative records of the Tennessee bureau of investigation shall be open to inspection by elected members of the general assembly if such inspection is directed by a duly adopted resolution of either house or of a standing or joint committee of either house. Records shall not be available to any member of the executive branch except those directly involved in the investigation in the Tennessee bureau of investigation itself and the governor. The bureau, upon written request by an authorized person of a state governmental agency, is authorized to furnish and disclose to the requesting agency the criminal history, records and data from its files, and the files of the federal government and other states to which it may have access, for the limited purpose of determining whether a license or permit should be issued to any person, corporation, partnership or other entity, to engage in an authorized activity affecting the rights, property or interests of the public or segments thereof.
(3) The records, documents and papers in the possession of the military department which involve the security of the United States and/or the state of Tennessee, including, but not restricted to, national guard personnel records, staff studies and investigations, shall be treated as confidential and shall not be open for inspection by members of the public.
(4) The records of students in public educational institutions shall be treated as confidential. Information in such records relating to academic performance, financial status of a student or the student's parent or guardian, medical or psychological treatment or testing shall not be made available to unauthorized personnel of the institution or to the public or any agency, except those agencies authorized by the educational institution to conduct specific research or otherwise authorized by the governing board of the institution, without the consent of the student involved or the parent or guardian of a minor student attending any institution of elementary or secondary education, except as otherwise provided by law or regulation pursuant thereto, and except in consequence of due legal process or in cases when the safety of persons or property is involved. The governing board of the institution, the department of education, and the Tennessee higher education commission shall have access on a confidential basis to such records as are required to fulfill their lawful functions. Statistical information not identified with a particular student may be released to any person, agency, or the public; and information relating only to an individual student's name, age, address, dates of attendance, grade levels completed, class placement and academic degrees awarded may likewise be disclosed.
(5) (A) The following books, records and other materials in the possession of the office of the attorney general and reporter which relate to any pending or contemplated legal or administrative proceeding in which the office of the attorney general and reporter may be involved shall not be open for public inspection:
(i) Books, records or other materials which are confidential or privileged by state law;
(ii) Books, records or other materials relating to investigations conducted by federal law enforcement or federal regulatory agencies, which are confidential or privileged under federal law;
(iii) The work product of the attorney general and reporter or any attorney working under the attorney general and reporter's supervision and control;
(iv) Communications made to or by the attorney general and reporter or any attorney working under the attorney general and reporter's supervision and control in the context of the attorney-client relationship; or
(v) Books, records and other materials in the possession of other departments and agencies which are available for public inspection and copying pursuant to @@ 10-7-503 and 10-7-506. It is the intent of this section to leave subject to public inspection and copying pursuant to @@ 10-7-503 and 10-7-506 such books, records and other materials in the possession of other departments even though copies of the same books, records and other materials which are also in the possession of the office of the attorney general and reporter are not subject to inspection or copying in the office of the attorney general and reporter; provided, that such records, books and materials are available for copying and inspection in such other departments.
(B) Books, records and other materials made confidential by this subsection which are in the possession of the office of the attorney general and reporter shall be open to inspection by the elected members of the general assembly, if such inspection is directed by a duly adopted resolution of either house or of a standing or joint committee of either house and is required for the conduct of legislative business.
(C) Except for the provisions of subdivision (a)(5)(B), the books, records and materials made confidential or privileged by this subdivision shall be disclosed to the public only in the discharge of the duties of the office of the attorney general and reporter.
(6) State agency records containing opinions of value of real and personal property intended to be acquired for a public purpose shall not be open for public inspection until the acquisition thereof has been finalized. This shall not prohibit any party to a condemnation action from making discovery relative to values pursuant to the Rules of Civil Procedure as prescribed by law.
(7) Proposals received pursuant to personal service, professional service, and consultant service contract regulations, and related records, including evaluations and memoranda, shall be available for public inspection only after the completion of evaluation of same by the state. Sealed bids for the purchase of goods and services, and leases of real property, and individual purchase records, including evaluations and memoranda relating to same, shall be available for public inspection only after the completion of evaluation of same by the state.
(8) All investigative records and reports of the internal affairs division of the department of correction or of the department of children's services shall be treated as confidential and shall not be open to inspection by members of the public. However, an employee of the department of correction or of the department of children's services shall be allowed to inspect such investigative records and reports if the records or reports form the basis of an adverse action against the employee. The release of reports and records shall be in accordance with the Tennessee Rules of Civil Procedure. The court or administrative judge having jurisdiction over the proceedings shall issue appropriate protective orders, when necessary, to ensure that the information is disclosed only to appropriate persons. The information contained in such records and reports shall be disclosed to the public only in compliance with a subpoena or an order of a court of record.
(9) Official health certificates, collected and maintained by the state veterinarian pursuant to rule chapter 0080-2-1 of the department of agriculture, shall be treated as confidential and shall not be open for inspection by members of the public.
(10) (A) The capital plans, marketing information, proprietary information and trade secrets submitted to the Tennessee venture capital network at Middle Tennessee State University shall be treated as confidential and shall not be open for inspection by members of the public.
(B) As used in this subdivision (a)(10), unless the context otherwise requires:
(i) "Capital plans" means plans, feasibility studies, and similar research and information that will contribute to the identification of future business sites and capital investments;
(ii) "Marketing information" means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships;
(iii) "Proprietary information" means commercial or financial information which is used either directly or indirectly in the business of any person or company submitting information to the Tennessee venture capital network at Middle Tennessee State University, and which gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information;
(iv) "Trade secrets" means manufacturing processes, materials used therein, and costs associated with the manufacturing process of a person or company submitting information to the Tennessee venture capital network at Middle Tennessee State University.
(11) Records that are of historical research value which are given or sold to public archival institutions, public libraries, or libraries of a unit of the Tennessee board of regents or the University of Tennessee, when the owner or donor of such records wishes to place restrictions on access to the records shall be treated as confidential and shall not be open for inspection by members of the public. This exemption shall not apply to any records prepared or received in the course of the operation of state or local governments;
(12) Personal information contained in motor vehicle records shall be treated as confidential and shall only be open for inspection in accordance with the provisions of title 55, chapter 25.
(13) (A) All memoranda, work notes or products, case files and communications related to mental health intervention techniques conducted by mental health professionals in a group setting to provide job-related critical incident counseling and therapy to law enforcement officers, emergency medical technicians, emergency medical technician-paramedics, and firefighters, both volunteer and professional, are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless all parties waive such privilege. In order for such privilege to apply, the incident counseling and/or therapy shall be conducted by a qualified mental health professional as defined in @ 33-10-301;
(B) For the purposes of this section, "group setting" means that more than one (1) person is present with the mental health professional when the incident counseling and/or therapy is being conducted;
(C) All memoranda, work notes or products, case files and communications pursuant to this section shall not be construed to be public records pursuant to title 10, chapter 7;
(D) Nothing in this section shall be construed as limiting a licensed professional's obligation to report suspected child abuse or limiting such professional's duty to warn about dangerous individuals as provided under title 33, chapter 10, part 3, or other provisions relevant to the mental health professional's license;
(E) Nothing in this section shall be construed as limiting the ability of a patient or client, or such person's survivor, to discover under the Rules of Civil Procedure or to admit in evidence under the Rules of Evidence any memoranda, work notes or products, case files and communications which are privileged by this section and which are relevant to a malpractice action or any other action by a patient against a mental health professional arising out of the professional relationship. In such an action against a mental health professional, neither shall anything in this section be construed as limiting the ability of the mental health professional to so discover or admit in evidence such memoranda, work notes or products, case files and communications.
(14) All riot, escape and emergency transport plans which are incorporated in a policy and procedures manual of county jails and workhouses or prisons operated by the department of correction or under private contract shall be treated as confidential and shall not be open for inspection by members of the public.
(15) (A) As used in this subdivision (a)(15), unless the context otherwise requires:
(i) "Identifying information" means the home and work addresses and telephone numbers, social security number, and any other information that could reasonably be used to locate the whereabouts of an individual;
(ii) "Protection document" means:
( a) An order of protection issued pursuant to title 36, chapter 3, part 6, that has been granted after proper notice and an opportunity to be heard;
( b) A similar order of protection issued by the court of another jurisdiction;
( c) An extension of an ex parte order of protection granted pursuant to @ 36-3-605(a);
( d) A similar extension of an ex parte order of protection granted by a court of competent jurisdiction in another jurisdiction;
( e) A restraining order issued by a court of competent jurisdiction prohibiting violence against the person to whom it is issued;
( f) A court order protecting the confidentiality of certain information issued upon the request of a district attorney general to a victim or witness in a criminal case, whether pending or completed; and
( g) An affidavit from the director of a rape crisis center or domestic violence shelter certifying that an individual is a victim in need of protection; provided, that such affidavit is on a standardized form to be developed and distributed to such centers and shelters by the Tennessee task force against domestic violence; and
(iii) "Utility service provider" means any entity, whether public or private, that provides electricity, natural gas, water, or telephone service to customers on a subscription basis, whether or not regulated by the Tennessee regulatory authority.
(B) If the procedure set out in this subdivision (a)(15) is followed, identifying information compiled and maintained by a utility service provider concerning a person who has obtained a valid protection document shall be treated as confidential and not open for inspection by the public.
(C) For the provisions of subdivision (a)(15)(B) to be applicable, a copy of the protection document must be presented during regular business hours by the person to whom it was granted to the records custodian of the utility service provider whose records such person seeks to make confidential, and such person must request that all identifying information about such person be maintained as confidential.
(D) The protection document must at the time of presentation be in full force and effect. The records custodian may assume that a protection document is in full force and effect if it is on the proper form and if on its face it has not expired.
(E) Upon being presented with a valid protection document, the records custodian shall accept receipt of it and maintain it in a separate file containing in alphabetical order all protection documents presented to such records custodian pursuant to this subdivision (a)(15). Nothing in this subdivision (a)(15) shall be construed as prohibiting a records custodian from maintaining an electronic file of such protection documents provided the records custodian retains the original document presented.
(F) Identifying information concerning a person that is maintained as confidential pursuant to this subdivision (a)(15) shall remain confidential until the person who requested such confidentiality notifies in person the records custodian of the appropriate utility service provider that there is no longer a need for such information to remain confidential. A records custodian receiving such notification shall remove the protection document concerning such person from the file maintained pursuant to subdivision (a)(15)(E), and the identifying information about such person shall be treated in the same manner as the identifying information concerning any other customer of the utility. Before removing the protection document and releasing any identifying information, the records custodian of the utility service provider shall require that the person requesting release of the identifying information maintained as confidential produce sufficient identification to satisfy such custodian that he or she is the same person as the person to whom the document was originally granted.
(G) After July 1, 1999, if information is requested from a utility service provider about a person other than the requestor and such request is for information that is in whole or in part identifying information, the records custodian of the utility service provider shall check the separate file containing all protection documents that have been presented to such utility. If the person about whom information is being requested has presented a valid protection document to the records custodian in accordance with the procedure set out in this subdivision (a)(15), and has requested that identifying information about such person be maintained as confidential, the records custodian shall redact or refuse to disclose to the requestor any identifying information about such person.
(H) Nothing in this subdivision (a)(15) shall prevent the district attorney general and counsel for the defendant from providing to each other in a pending criminal case, where the constitutional rights of the defendant require it, information which otherwise would be held confidential under this subdivision (a)(16).
(16) (A) As used in this subdivision (a)(16), unless the context otherwise requires:
(i) "Governmental entity" means the state of Tennessee and any county, municipality, city or other political subdivision of the state of Tennessee;
(ii) "Identifying information" means the home and work addresses and telephone numbers, social security number, and any other information that could reasonably be used to locate the whereabouts of an individual;
(iii) "Protection document" means:
( a) An order of protection issued pursuant to title 36, chapter 3, part 6, that has been granted after proper notice and an opportunity to be heard;
( b) A similar order of protection issued by the court of another jurisdiction;
( c) An extension of an ex parte order of protection granted pursuant to @ 36-3-605(a);
( d) A similar extension of an ex parte order of protection granted by a court of competent jurisdiction in another jurisdiction;
( e) A restraining order issued by a court of competent jurisdiction prohibiting violence against the person to whom it is issued;
( f) A court order protecting the confidentiality of certain information issued upon the request of a district attorney general to a victim or witness in a criminal case, whether pending or completed; and
( g) An affidavit from the director of a rape crisis center or domestic violence shelter certifying that an individual is a victim in need of protection; provided, that such affidavit is on a standardized form to be developed and distributed to such centers and shelters by the Tennessee task force against domestic violence.
(B) If the procedure set out in this subdivision (a)(16) is followed, identifying information compiled and maintained by a governmental entity concerning a person who has obtained a valid protection document may be treated as confidential and may not be open for inspection by the public.
(C) For the provisions of subdivision (a)(16)(B) to be applicable, a copy of the protection document must be presented during regular business hours by the person to whom it was granted to the records custodian of the governmental entity whose records such person seeks to make confidential, and such person must request that all identifying information about such person be maintained as confidential.
(D) The protection document presented must at the time of presentation be in full force and effect. The records custodian may assume that a protection document is in full force and effect if it is on the proper form and if on its face it has not expired.
(E) Upon being presented with a valid protection document, the record custodian may accept receipt of it. If the records custodian does not accept receipt of such document, the records custodian shall explain to the person presenting the document why receipt cannot be accepted and that the identifying information concerning such person will not be maintained as confidential. If the records custodian does accept receipt of the protection document, such records custodian shall maintain it in a separate file containing in alphabetical order all protection documents presented to such custodian pursuant to this subdivision (a)(16). Nothing in this subdivision (a)(16) shall be construed as prohibiting a records custodian from maintaining an electronic file of such protection documents; provided, that the custodian retains the original document presented.
(F) Identifying information concerning a person that is maintained as confidential pursuant to this subpart shall remain confidential until the person requesting such confidentiality notifies in person the appropriate records custodian of the governmental entity that there is no longer a need for such information to remain confidential. A records custodian receiving such notification shall remove the protection document concerning such person from the file maintained pursuant to subdivision (a)(16)(E), and the identifying information about such person shall be treated in the same manner as identifying information maintained by the governmental entity about other persons. Before removing the protection document and releasing any identifying information, the records custodian of the governmental entity shall require that the person requesting release of the identifying information maintained as confidential produce sufficient identification to satisfy such records custodian that that person is the same person as the person to whom the document was originally granted.
(G) After July 1, 1999, if:
(i) Information is requested from a governmental entity about a person other than the person making the request;
(ii) Such request is for information that is in whole or in part identifying information; and
(iii) The records custodian of the governmental entity to whom the request was made accepts receipt of protection documents and maintains identifying information as confidential; then such records custodian shall check the separate file containing all protection documents that have been presented to such entity. If the person about whom information is being requested has presented a valid protection document to the records custodian in accordance with the procedure set out in this subdivision (a)(16), and has requested that identifying information about such person be maintained as confidential, the records custodian shall redact or refuse to disclose to the requestor any identifying information about such person.
(H) Nothing in this subdivision (a)(16) shall prevent the district attorney general and counsel for the defendant from providing to each other in a pending criminal case, where the constitutional rights of the defendant require it, information which otherwise may be held confidential under this subdivision (a)(16).
(17) The telephone number, address and any other information which could be used to locate the whereabouts of a domestic violence shelter or rape crisis center may be treated as confidential by a governmental entity, and shall be treated as confidential by a utility service provider as defined in subdivision (a)(15) upon the director of the shelter or crisis center giving written notice to the records custodian of the appropriate entity or utility that such shelter or crisis center desires that such identifying information be maintained as confidential.
(b) Any record designated "confidential" shall be so treated by agencies in the maintenance, storage and disposition of such confidential records. These records shall be destroyed in such a manner that they cannot be read, interpreted or reconstructed. The destruction shall be in accordance with an approved records disposition authorization from the public records commission.
(c) Notwithstanding any provision of the law to the contrary, any confidential public record in existence more than seventy (70) years shall be open for public inspection by any person unless disclosure of the record is specifically prohibited or restricted by federal law or unless the record is a record of services for a person for mental illness or mental retardation. The provisions of this section do not apply to a record concerning an adoption or a record maintained by the office of vital records or by the Tennessee bureau of investigation. For the purpose of providing an orderly schedule of availability for access to such confidential public records for public inspection, all records created and designated as confidential prior to January 1, 1901, shall be open for public inspection on January 1, 1985. All other public records created and designated as confidential after January 1, 1901 and which are seventy (70) years old on January 1, 1985, shall be open for public inspection on January 1, 1986; thereafter all such records shall be open for public inspection pursuant to this part after seventy (70) years from the creation date of such records.
(d) Records of any employee's identity, diagnosis, treatment, or referral for treatment that are maintained by any state or local government employee assistance program shall be confidential; provided, that any such records are maintained separately from personnel and other records regarding such employee that are open for inspection. For purposes of this subsection, "employee assistance program" means any program that provides counseling, problem identification, intervention, assessment, or referral for appropriate diagnosis and treatment, and follow-up services to assist employees of such state or local governmental entity who are impaired by personal concerns including, but not limited to, health, marital, family, financial, alcohol, drug, legal, emotional, stress or other personal concerns which may adversely affect employee job performance.
(e) Unpublished telephone numbers in the possession of emergency communications districts created pursuant to title 7, chapter 86, shall be treated as confidential and shall not be open for inspection by members of the public until such time as any provision of the service contract between the telephone service provider and the consumer providing otherwise is effectuated; provided, that addresses held with such unpublished telephone numbers, or addresses otherwise collected or compiled, and in the possession of emergency communications districts created pursuant to title 7, chapter 86, shall be made available upon written request to any county election commission for the purpose of compiling a voter mailing list for a respective county.
(f) (1) The following records or information of any state, county, municipal or other public employee in the possession of a governmental entity in its capacity as an employer shall be treated as confidential and shall not be open for inspection by members of the public: unpublished telephone numbers; bank account information; social security number; driver license information except where driving or operating a vehicle is part of the employee's job description or job duties or incidental to the performance of the employee's job; and the same information of immediate family members or household members.
(2) Information made confidential by this subsection shall be redacted wherever possible and nothing in this subsection shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information.
(3) Nothing in this subsection shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions.
(4) Nothing in this subsection shall be construed to close any personnel records of public officers which are currently open under state law.
(5) Nothing in this subsection shall be construed to limit access to information made confidential under this subsection, when the employee expressly authorizes the release of such information.
(g) (1) (A) Personnel information of any police officer designated as working undercover may be segregated and maintained in the office of the chief law enforcement officer. Such segregated information shall be treated as confidential under this subsection. Such segregated information is the address and home telephone number of the officer as well as the address or addresses and home telephone number or numbers of the members of the officer's household and/or immediate family. Information in such file which has the potential, if released, to threaten the safety of the officer or the officer's immediate family or household members may be redacted if the chief law enforcement officer determines that its release poses such a risk.
(B) If the person requesting the information or the officer disagrees with the determination of the chief law enforcement officer, the decision shall be reviewed in a show cause hearing in chancery court.
(2) Nothing in this subsection shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains some information made confidential by subdivision (g)(1).
(3) Nothing in this subsection shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions.
(4) Except as provided in subdivision (g)(1), nothing in this subsection shall be construed to close personnel records of public officers, which are currently open under state law.
(5) Nothing in this subsection shall be construed to limit access to information made confidential by subdivision (g)(1), when the employee expressly authorizes the release of such information.

HISTORY: Acts 1957, ch. 285, @ 2; 1970, ch. 531, @@ 1, 2; 1973, ch. 99, @ 1; 1975, ch. 127, @ 1; 1976, ch. 552, @ 1; 1976, ch. 777, @ 1; 1977, ch. 152, @ 3; 1978, ch. 544, @ 1; 1978, ch. 890, @ 2; T.C.A., @ 15-305; Acts 1983, ch. 211, @ 1; 1984, ch. 947, @ 2; 1985, ch. 421, @@ 1-4; 1985 (1st E.S.), ch. 5, @ 29; 1987, ch. 118, @ 2; 1987, ch. 337, @ 20; 1988, ch. 783, @ 1; 1988, ch. 894, @ 2; 1989, ch. 75, @ 1; 1989, ch. 278, @ 27; 1990, ch. 888, @ 1; 1991, ch. 129, @ 1; 1992, ch. 823, @ 1; 1996, ch. 724, @ 1; 1996, ch. 745, @ 16; 1996, ch. 1079, @ 29; 1997, ch. 84, @ 1; 1997, ch. 290, @ 1; 1997, ch. 292, @ 1; 1998, ch. 1075, @ 1; 1999, ch. 176, @@ 1, 2; 1999, ch. 199, @ 1; 1999, ch. 344, @@ 1, 2, 4; 1999, ch. 514, @ 2.

NOTES: CROSS-REFERENCES.
Access, retention or disposal of confidential or archival records, @ 10-7-508.
Accident reports, confidentiality, @ 55-10-114.
Adoption records, @ 36-1-125.
Adult Protection Act, confidentiality, @ 71-6-118.
Agency documents and records, deletion of confidential portions, @ 4-5-218.
Aid to families with dependent children, confidentiality, @ 71-3-119.
Atomic energy and nuclear materials, confidentiality of proprietary information, @ 68-202-217.
Attorney-client communications protected from commissioner of taxation investigation, @ 67-1-1710.
Banks and financial institutions, records, @@ 45-2-1603, 45-2-1713, 45-7-216, 45-7-225.
Banks, change of control, confidentiality of commissioner of financial institutions' information, @ 45-2-103.
Bidding, contracts and purchases generally, title 12, ch. 3, part 2.
Board of veterinary medical examiners, confidentiality, @ 63-12-110.
Cafeteria benefit plans, government employees, confidentiality of medical records, @ 8-25-502.
Cafeteria compensation plan services for state employees, confidentiality of medical records, @ 8-25-502.
Chancery court records and papers, insurance company delinquency proceedings, @ 56-9-201.
Child abuse, confidentiality of reports of harm and identity of reporter, @ 37-1-409.
Child custody determinations under the Uniform Child Custody Jurisdiction and Enforcement Act, confidentiality of records, @ 36-6-224.
Child sexual abuse, confidentiality of records, @ 37-1-612.
Civil service tests and answers, confidentiality, @ 8-30-303.
Claims against state, confidentiality of records, @ 9-8-307.
Commissioner of commerce and insurance, records and proceedings relating to supervision of insurers, @ 56-9-504.
Commissioner of correction, restricting access to records, @ 4-6-140.
Commissioner of revenue, confidentiality of inheritance tax records, @ 67-8-404.
Commissioner of revenue, confidentiality of transfer tax records, @ 67-8-109.
Communications between psychiatrist and patient, confidentiality, @ 24-1-207.
Community grant agency employees, improper actions, confidentiality of information received on comptroller's tollfree hotline, @ 8-4-404.
Complaints of judicial disability, confidentiality, @ 17-5-303.
Confidentiality of abortion records and reports, @ 39-15-203.
Confidentiality of adoption or federal records, @ 10-7-503.
Confidentiality of bank and financial institution information, @@ 45-2-1603, 45-2-1713, 45-7-216.
Confidentiality of cancer reporting system information, @@ 68-1-1006, 68-1-1007.
Confidentiality of collection services information, @ 62-20-119.
Confidentiality of contractors' financial statements, @ 62-6-124.
Confidentiality of court of the judiciary proceedings, Tenn. R. Ct. of Judiciary 7.
Confidentiality of disclosure information by mortgagee, @@ 47-23-101, 47-23-102.
Confidentiality of financial information, @ 45-2-1717.
Confidentiality of hazardous chemical trade secrets, @ 50-3-2013.
Confidentiality of juvenile court predisposition report, Tenn. R. Juv. P. 33.
Confidentiality of legislative computer system information, @ 3-10-108.
Confidentiality of marital and family therapist communications with client, @ 63-22-114.
Confidentiality of medical misconduct information, @ 63-1-117.
Confidentiality of medical records provided for workers' compensation benefit review conferences and settlement, @ 50-6-131.
Confidentiality of medical review committee records and proceedings, @ 63-6-219.
Confidentiality of mentally ill patient records, @ 33-3-104.
Confidentiality of name of owner or operator of trade or business on license or application, @ 67-4-722.
Confidentiality of polygraph examiner information, @ 62-27-124.
Confidentiality of registration of public obligations, owner's identity, @ 9-19-109.
Confidentiality of research records and materials, @ 49-7-120.
Confidentiality of savings and loan association information, @@ 45-3-807, 45-3-814, 45-3-1308.
Confidentiality of sources of body parts for transplantation, @ 68-30-111.
Confidentiality of supreme court disciplinary enforcement proceedings, Tenn. R. Sup. Ct. 9, @ 25.
Confidentiality of tax returns and tax information, title 67, ch. 1, part 17.
Confidentiality of Tennessee Competitive Export Corporation information, @ 13-27-113.
Confidentiality of writings, records or tangible objects obtained by attorney general, @ 8-6-407.
Consolidated retirement system, confidentiality of medical records, @ 8-36-509.
Consumer protection enforcement, confidentiality of information, @ 47-18-106.
Coordinator of elections, investigatory reports, confidentiality, @ 2-11-202.
Deferred compensation plans, government employees, confidentiality of records, @ 8-25-109.
Dental peer review committee proceedings, confidentiality, @ 63-5-131.
Department of economic and community development, confidentiality of proprietary information, @@ 4-3-712, 4-3-730.
Department of financial institutions, confidentiality of information, @ 45-2-1603.
Destruction of public records, @ 40-32-101.
Disability retirement, confidentiality of medical records, @ 8-36-509.
Divorce, confidentiality of communications during mediation proceedings, @ 36-4-130.
Domestic insurers, delinquency proceedings against, @ 56-9-202.
Domestic violence shelters and rape crisis centers, confidentiality of records, @ 36-3-623.
Drug-free workplace programs, confidentiality of records, @ 50-9-109.
Electronic mail communications systems, confidentiality and monitorin, @ 10-7-512
Employment security law enforcement, confidentiality, @ 50-7-701.
Expunging records, @ 40-32-101.
Fire death victims, confidentiality of blood test results, @ 38-7-116.
Food stamp or food assistance recipients, confidentiality, @ 71-5-304.
Foster care, confidentiality of records given to foster parents, @ 37-2-415.
Foster care, confidentiality of records obtained for human service's annual report, @ 37-2-411.
Foster care proceedings, confidentiality of records, @ 37-2-408.
Foster care, review board records, @ 37-2-408.
Hazardous waste management, confidentiality of information, @ 68-212-109.
Health insurance entities, confidentiality of individual medical information, @ 68-1-108.
Health maintenance organization investigations by the department of commerce and confidentiality of their results, @ 56-32-233.
HIV testing, confidentiality of test results, @ 39-13-521.
Hospital records not public records, @ 68-11-304.
Infectious diseases, medical laboratory reports, confidentiality, @ 68-29-107.
Inmate exposure to disease, confidentiality of records, @ 41-51-102.
Inmates in private prison facilities, confidentiality of records, @ 41-24-116.
Insurance examinations, confidentiality of records, @ 56-1-411.
Insurance holding companies, confidentiality, @@ 56-11-203, 56-11-204, 56-11-208.
Insurers' actuarial review, @ 56-1-402.
Insurers' material transactions, reports, @ 56-10-301.
Insurers, reciprocity of commissioner of commerce and insurance with out-of-state confidentiality requirements, @ 56-44-105.  
Investigative files relevant to criminal actions, confidentiality, Tenn. R. Crim. P. 16.
Juvenile court record confidentiality, @@ 37-1-153, 37-1-506.
Juvenile law enforcement record confidentiality, @ 37-1-154.
Legal services office, confidentiality of records, @ 3-12-105.
Legislative computer system, confidentiality of information, @ 3-10-108.
Library records, confidentiality, chapters 1, 3-5 and 8 of this title.
Master social workers, privileged communications, @ 63-23-107.
Medical malpractice settlement excesses, confidentiality of insurance company reports, @ 56-3-111.
Money order issuers, confidentiality of reports of investigations and examinations, @ 45-7-216.
Money order issues, reports, @ 45-7-216.
Occupational health and safety violations and enforcement, confidentiality, @@ 50-3-304, 50-3-504, 50-3-914.
Office of program evaluation, confidentiality of work papers, @ 3-14-109.
Parolee records, confidentiality, @ 40-28-119.
Patient's Privacy Protection Act, title 68, ch. 11, pt. 15.
Patient's records entrusted to pharmacist, confidentiality, @ 3-10-412.
Payroll records, confidentiality, @ 12-4-414.
Physical therapist records, confidentiality, @ 63-13-317.
Penalty for divulging property tax information furnished local authorities, @ 67-5-401.
Personal property taxation, confidentiality of information filed with state and local officials, @ 67-5-402
Professions of the healing arts, confidentiality, @ 63-22-114.
Profit sharing or salary reduction plans, confidentiality of medical records, @ 8-25-307.
Protective orders, confidentiality of records, @ 36-3-604.
Psychologists, peer review committees, confidentiality, @ 63-11-220.
Public obligations, confidentiality of identity of owner, @ 9-19-109.
Public service commission regulation of railways, confidentiality, @ 65-3-109.
Real estate insurance, confidentiality of information, @ 47-23-101.
Records or papers in secretary of state's office relating to executive department and requiring secrecy, @ 8-3-104.
Report from joint commission on accreditation of hospitals deemed confidential record, @ 68-11-210.
Risk-based capital reports, confidentiality, @ 56-46-109.
Securities act violations, confidentiality, @ 48-2-118.
Sexually transmitted diseases, confidentiality of information, @ 68-10-101.
State geologist, mineral test holes, confidentiality of information, @@ 60-1-504, 60-1-505.
Statutory rape, reports, @ 38-1-304.
Student achievement tests and answers, confidentiality, @@ 49-1-302, 49-6-6001.
Student records, exclusion of child's offenses, @ 49-6-3051.
Taxpayer statements, reports, returns, audits, etc., confidentiality, @ 67-4-722.
Vital records, confidentiality, @ 68-3-205.
Waste reduction progress report not a public record, @@ 68-212-306, 68-212-311.
Water quality control enforcement, confidentiality, @ 69-3-113.
Welfare recipient lists, confidentiality, @ 71-1-118.
Workers' compensation, insurance company financial statements, confidentiality, @ 50-6-405.

SECTION TO SECTION REFERENCES. This section is referred to in @@ 4-6-140, 36-3-604, 41-51-102, 41-51-103, 68-11-210, 68-30-111, 68-55-204.

TEXTBOOKS. Tennessee Jurisprudence, 14 Tenn. Juris., Hospitals, @ 2. Tennessee Law of Evidence (2nd ed., Cohen, Paine and Sheppeard), @ 501.10.

NOTES TO DECISIONS
LAW REVIEWS. Bid Protests in Tennessee (Steven W. Feldman), 34 No. 5 Tenn. B.J. 27 (1998). Updating Tennessee's Public Records Law (Douglas Pierce), 24 No. 5 Tenn. B.J. 24 (1988). Release of unpublished information under subsection (e) permitted, OAG 98-094 (4/28/98). Board of Educ. v. Memphis Publishing Co., 585 S.W.2d 629 (Tenn. Ct. App. 1979); Memphis Publishing Co. v. Holt, 710 S.W.2d 513 (Tenn. 1986); Griffin v. City of Knoxville, 821 S.W.2d 921 (Tenn. 1991); State v. Baker, 842 S.W.2d 261 (Tenn. Crim. App. 1992); Fann v. City of Fairview, 905 S.W.2d 167 (Tenn. Ct. App. 1994); Cole v. Campbell, 968 S.W.2d 274 (Tenn. 1998); The Tennessean v. Electric Power Bd., 979 S.W.2d 297 (Tenn. 1998); Knoxville News-Sentinel v. Huskey, 982 S.W.2d 359 (Tenn. Crim. App. 1998).

ANALYSIS
1. Designation as confidential.
2. Treatment by agencies.
3. Public construed.
4. Bureau of investigation records.
5. Attorney work product.
6. Inmates' records.

1. DESIGNATION AS CONFIDENTIAL.
Only the general assembly can declare certain records to be confidential. Cleveland Newspapers, Inc. v. Bradley County Mem. Hosp. Bd. of Dirs., 621 S.W.2d 763 (Tenn. Ct. App. 1981). The general assembly can decide that its policy of access is too broad and close the door on access to certain records. Thompson v. Reynolds, 858 S.W.2d 328 (Tenn. Ct. App. 1993). One record contained sufficient facts for the chancellor to conclude that the records in dispute were confidential. Thompson v. Reynolds, 858 S.W.2d 328 (Tenn. Ct. App. 1993).

2. TREATMENT BY AGENCIES.
Those records which have been declared by the general assembly to be confidential shall be so treated by the agencies maintaining them whether they be active or in storage. Cleveland Newspapers, Inc. v. Bradley County Mem. Hosp. Bd. of Dirs., 621 S.W.2d 763 (Tenn. Ct. App. 1981).

3. PUBLIC CONSTRUED.
Courts, grand juries, and district attorneys are not embraced in the term "public" as used in this section. State v. Fears, 659 S.W.2d 370 (Tenn. Crim. App. 1983), cert. denied, 465 U.S. 1082, 104 S. Ct. 1450, 79 L. Ed. 2d 768 (1984). The term "members of the public" does not include the courts and public officials, in the performance of their official duties. Huntsville Util. Dist. v. General Trust Co., 839 S.W.2d 397 (Tenn. Ct. App. 1992).

4. BUREAU OF INVESTIGATION RECORDS.
Denial of such parts of records as constitute investigation records of the Tennessee bureau of investigation upheld. Abernathy v. Whitley, 838 S.W.2d 211 (Tenn. Ct. App. 1992).

5. ATTORNEY WORK PRODUCT.
Transcripts of depositions taken by attorney for city and county in bankruptcy proceedings were not "attorney work product" excepted from public inspection under Public Records Act. Memphis Publishing Co. v. City of Memphis, 871 S.W.2d 681 (Tenn. 1994).

6. INMATES' RECORDS.
Inmates' records "shall be open for public inspection" and are therefore public records for purposes of admission. State v. Wingard, 891 S.W.2d 628 (Tenn. Crim. App. 1994).

COLLATERAL REFERENCES.
Validity, construction, and application of statutory provisions relating to public access to police records. 82 A.L.R.3d 19.