Hunter Education: Privacy Project

8/22/2019 Hunter Education: Privacy Project

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Last Edited 7/31/13

Personal Information Use of Personal Information

Alabama

Ala.Code 1975 26-16-98 (a)All information

and records acquired by the state team or by a

local team, in the exercise of its purpose and

duties pursuant to this article, are confidential,exempt from disclosure under Section 41-13-1,

and may only be disclosed as necessary to

carry out the team's duties and purposes.

41-13-7 IDENTIFYING INFORMATION. Any

information, not including a person's name,

which used either alone or in conjunction with

other information specifically identifies a person

or a person's property, and includes, but is not

limited to, any of the following information

related to a person:

a. Date of birth.

b. Social Security number.

c. Driver's license number.

d. Financial services account numbers,including checking and savings accounts.

e. Credit or debit card numbers.

f. Personal identification numbers (PIN).

g. Electronic identification codes.

h. Automated or electronic signatures.

i. Biometric data.

j. Fingerprints.

k. Passwords.

l. Parents' legal surname prior to marriage.

m. Home address or phone number.

n. Any other numbers or information that can

be used to access a person's financial

resources, obtain identification, act as

identification, or obtain goods or services.

41-13-6. Notwithstanding any other law to the

contrary, a state department, licensing or

regulatory board, agency, or commission is

prohibited from placing or otherwise revealing

the Social Security number of a person,



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Alaska

AS 40.25.350 (2) personal information

means information that can be used to identify

a person and from which judgments can be

made about a person's character, habits,

avocations, finances, occupation, general

reputation, credit, health, or other personal

characteristics, but does not include a person's

name, address, or telephone number, if the

number is published in a current telephone

directory, or information describing a public job

held by a person;

40.25.300 (a) When a state agency requests

personal information that may be included in apublic record directly from the person who is

the subject of the information, the agency shall

give the person a written notice at the time of

the request that states:(1) the name and

address of the agency;(2) the citation of the

statute or regulation that authorizes the agency

to request the information;(3) a statement

indicating whether the person is required to

supply the information;(4) the consequences to

the person, if any, of not providing all or part of

the requested information;(5) a statement of the

agency's anticipated uses of the information,

including the agency's internal uses of the

information and disclosure of the information to

other state agencies;(6) the fact that theinformation may be subject to inspection and

copying under AS 40.25.110 - 40.25.120;

and(7) a statement summarizing how a person

may challenge under AS 40.25.310 the

accuracy or completeness of personal

information maintained by a state agency.



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Arizona

A.R.S. 44-7301: Personally identifiable

information with respect to an individual who

is owner/ operator of computer: (a) First name

or first initial in combination with last name.(b)

A home or other physical address including

street name.(c) An electronic mail address. (d)

A credit or debit card number or bank account

number or any password or access code

associated with a credit or debit card or bank

account. (e) A social security number, tax

identification number, driver license number,

passport number or any other government

issued identification number. (f) Any of the

following information in a form that personally

identifies an owner or operator of a computer:

(i) Account balances. (ii) Overdraft history. (iii)

Payment history.



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Arkansas



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California

West's Ann.Cal.Civ.Code 1798.3 The term

personal information means any information

that is maintained by an agency that identifies

or describes an individual, including, but notlimited to, his or her name, social security

number, physical description, home address,

home telephone number, education, financial

matters, and medical or employment history. It

includes statements made by, or attributed to,

the individual. West's Ann.Cal.Gov.Code

11015.5 (1) Electronically collected personal

information means any information that is

maintained by an agency that identifies or

describes an individual user, including, but not

limited to, his or her name, social security

number, physical description, home address,

home telephone number, education, financial

matters, medical or employment history,

password, electronic mail address, andinformation that reveals any network location or

identity, but excludes any information manually

submitted to a state agency by a user, whether

electronically or in written form, and information

on or relating to individuals who are users

serving in a business capacity, including, but

not limited to, business owners, officers, or

principals of that business.

1798.30. Each agency shall either adopt

regulations or publish guidelines specifying

procedures to be followed in order fully to

implement each of the rights of individuals set

forth in this article.



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Colorado

C.R.S.A. 24-72-501 Personally identifiable

information means information about an

individual collected by a governmental entity

that could reasonably be used to identify such

individual, including, but not limited to, first and

last name, residence or other physical address,

electronic mail address, telephone number,

birth date, credit card information, and social

security number. Notwithstanding any provision

to the contrary, personally identifiable

information shall not include information

collected in furtherance of any regulatory,

investigative, or criminal justice purpose,

information collected in furtherance of litigationin which the state is a party, or information that

is required to be collected pursuant to any state

or federal statute or regulation.

C.R.S.A. 24-72-204 1) The custodian of any

public records shall allow any person the right

of inspection of such records or any portion

thereof except on one or more of the following

grounds or as provided in subsection (2) or (3)

of this section:

(a) Such inspection would be contrary to any

state statute.

(b) Such inspection would be contrary to any

federal statute or regulation issued thereunder

having the force and effect of law.

(c) Such inspection is prohibited by rules

promulgated by the supreme court or by the

order of any court.

(d) Such inspection would be contrary to the

requirements of any joint rule of the senate and

the house of representatives pertaining to

lobbying practices.



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Connecticut

4-190 a) Except as otherwise provided by any

federal law or state statute, all records

maintained or kept on file by any public agency,

whether or not such records are required by

any law or by any rule or regulation, shall be

public records and every person shall have the

right to (1) inspect such records promptly

during regular office or business hours, (2) copy

such records in accordance with subsection (g)

of section 1-212, or (3) receive a copy of such

records in accordance with section 1-212 . 1-

200 (4) Person means natural person,

partnership, corporation, limited liability

company, association or society.

4-190(a) Nothing in the Freedom of

Information Act1 shall be construed to require

disclosure of:(B) Commercial or financial

information given in confidence, not required by

statute; C.G.S.A. 1-211(a)Any public agency

which maintains public records in a computer

storage system shall provide, to any person

making a request pursuant to the Freedom of

Information Act,1 a copy of any nonexempt

data contained in such records, properly

identified, on paper, disk, tape or any other

electronic storage device or medium requested

by the person, including an electronic copy sent

to the electronic mail address of the personmaking such request, if the agency can

reasonably make any such copy or have any

such copy made.



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Delaware

6 Del.C. 12B-101 The term personal

information does not include publicly available

information that is lawfully made available to

the general public from federal, state, or local

government records;

9020C No state agency shall disclose

personal information concerning a user to any

person, firm, partnership, corporation, limited

liability company or other entity, including

internal staff who do not need the information inthe performance of their official duties, unless

such user has consented to the disclosure of

such personal information. For the purposes of

this section, the voluntary disclosure of

personal information to a state agency by a

user through a state agency website, whether

solicited or unsolicited, shall constitute consent

to the disclosure of the information by the state

agency for the specific purposes for which the

user disclosed it to the state agency.

9018C (a) Each agency that maintains a state

agency website shall develop a policy in

conformity with the provisions of this

subchapter. Each such policy shall include, but

not be limited to, the following elements: (b)

The Department shall develop a model website

privacy policy that can be utilized by state

agencies to comply with this section. State

agencies may modify or depart from this model

policy, provided that the requirements of this

subchapter are met.



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District of Columbia

DC ST 28-3851 (B) For purposes of this

paragraph, the term personal information shall

not include publicly available information that is

lawfully made available to the general public

from federal, state, or local government

records.



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Florida

119.01 (1) It is the policy of this state that allstate, county, and municipal records are open

for personal inspection and copying by any

person. Providing access to public records is a

duty of each agency.As each agency increases

its use of and dependence on electronic

recordkeeping, each agency must provide

reasonable public access to records

electronically maintained and must ensure that

exempt or confidential records are not

disclosed except as otherwise permitted by

law.(f) Each agency that maintains a public

record in an electronic recordkeeping system

shall provide to any person, pursuant to this

chapter, a copy of any public record in that

system which is not exempted by law frompublic disclosure. An agency must provide a

copy of the record in the medium requested if

the agency maintains the record in that

medium, and the agency may charge a fee in

accordance with this chapter.



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Georgia

Ga. Code Ann., 10-1-911 (6) Personal

information means an individual's first name or

first initial and last name in combination withany one or more of the following data elements,

when either the name or the data elements are

not encrypted or redacted:A) Social security

number; (B) Driver's license number or state

identification card number; (C) Account

number, credit card number, or debit card

number, if circumstances exist wherein such a

number could be used without additional

identifying information, access codes, or

passwords; (E) Any of the items contained in

subparagraphs (A) through (D) of this

paragraph when not in connection with the

individual's first name or first initial and last

name, if the information compromised would be

sufficient to perform or attempt to perform

identity theft against the person whose

information was compromised.The term

personal information does not include publicly

available information that is lawfully made

available to the general public from federal,

state, or local government records.

WEBSITE POLICY: As a general rule, DNR

does not disclose any personally identifiable

information collected online except where you

have given us permission, or where the

information is public information under the

Georgia Open Records Act O.C.G.A. 50-18-

70 et seq., or other applicable laws. Visitors

should be aware that information collected by

The State of Georgia on its Web site may be

subject to examination and inspection, if such

information is a public record or not otherwise

protected from disclosure.



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Hawaii

HRS 92F-11 a)All government records are

open to public inspection unless access is

restricted or closed by law. (b) Except as

provided in section 92F-13, each agency upon

request by any person shall make government

records available for inspection and copying

during regular business hours; provided that an

agency shall not be required to make

government records available or respond to a

person's subsequent duplicative request, if:(1)

After conducting a good faith review and

comparison of the earlier request and the

pending request, the agency finds that the

pending request is duplicative or substantially

similar in nature;(2) 91-1.Persons includes

individuals, partnerships, corporations,

associations, or public or private organizations

of any character other than agencies.



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Idaho

I.C. 9-338 (1) Every person has a right to

examine and take a copy of any public record

of this state and there is a presumption that allpublic records in Idaho are open at all

reasonable times for inspection except as

otherwise expressly provided by statute.(2) The

right to copy public records shall include the

right to make photographs or photographic or

other copies while the records are in the

possession of the custodian of the records

using equipment provided by the public agency

or independent public body corporate and

politic or using equipment designated by the

custodian.(4) A public agency or independent

public body corporate and politic may require

that a request for public records be submitted

to it in a writing that provides the requester's

name, mailing address, e-mail address and

telephone number. A request for public records

and delivery of the public records may be made

by electronic mail. 9-337(9) Person means

any natural person, corporation, partnership,

firm, association, joint venture, state or local

agency or any other recognized legal entity.



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Illinois

5 ILCS 140/2 (c-5) Private information means

unique identifiers, including a person's social

security number, driver's license number,

employee identification number, biometric

identifiers, personal financial information,

passwords or other access codes, medical

records, home or personal telephone numbers,

and personal email addresses. Private

information also includes home address and

personal license plates, except as otherwise

provided by law or when compiled withoutpossibility of attribution to any person.

3. (a) Each public body shall make available

to any person for inspection or copying all

public records, except as otherwise provided in

Section 7 of this Act. Notwithstanding any other

law, a public body may not grant to any person

or entity, whether by contract, license, or

otherwise, the exclusive right to access and

disseminate any public record as defined in this

Act. 1.2. Presumption. All records in the

custody or possession of a public body arepresumed to be open to inspection or copying.

Any public body that asserts that a record is

exempt from disclosure has the burden of

proving by clear and convincing evidence that it

is exempt.5 ILCS 140/2 (b) Person means

any individual, corporation, partnership, firm,

organization or association, acting individually

or as a group. 7. Exemptions.(b) Private

information, unless disclosure is required by

another provision of this Act, a State or federal

law or a court order.(c) Personal information

contained within public records, the disclosure

of which would constitute a clearly unwarranted

invasion of personal privacy, unless the

disclosure is consented to in writing by theindividual. Unwarranted invasion of personal

privacy means the disclosure of information

that is highly personal or objectionable to a

reasonable person and in which the subject's

right to privacy outweighs any legitimate public

interest in obtaining the information. The

disclosure of information that bears on the

public duties of public employees and officials

shall not be considered an invasion of personal

privacy.(ee) The names, addresses, or other

personal information of persons who are minors

and are also participants and registrants in

programs of park districts, forest preserve

districts, conservation districts, recreation



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Indiana

5-14-3-1 This chapter shall be liberally

construed to implement this policy and place

the burden of proof for the nondisclosure of a

public record on the public agency that would

deny access to the record and not on the

person seeking to inspect and copy the record.

IC 5-14-3-3 Sec. 3. (a) Any person may inspect

and copy the public records of any public

agency during the regular business hours of the

agency, except as provided in section 4 of this

chapter. A request for inspection or copying

must: (1) identify with reasonable particularitythe record being requested; and (2) be, at the

discretion of the agency, in writing on or in a

form provided by the agency. No request may

be denied because the person making the

request refuses to state the purpose of the

request, unless such condition is required by

other applicable statute. 5-14-3-2 (k) Person

means an individual, a corporation, a limited

liability company, a partnership, an

unincorporated association, or a governmental

entity. 5-14-3-4Exemptions: Sec. 4. (a) The

following public records are excepted from

section 3 of this chapter and may not be

disclosed by a public agency, unless access to

the records is specifically required by a state or

federal statute or is ordered by a court under

the rules of discovery: (5) Confidential financial

information obtained, upon request, from a

person. However, this does not include

information that is filed with or received by a

public agency pursuant to state statute.(12) A

Social Security number contained in the

records of a public agency.



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Iowa

22.7 The following public records shall be

kept confidential, unless otherwise ordered by a

court, by the lawful custodian of the records, or

by another person duly authorized to release

such information: 6. Reports to governmental

agencies which, if released, would give

advantage to competitors and serve no public

purpose.

22.2: 1. Every person shall have the right to

examine and copy a public record and to

publish or otherwise disseminate a public

record or the information contained in a public

record. Unless otherwise provided for by law,

the right to examine a public record shall

include the right to examine a public record

without charge while the public record is in thephysical possession of the custodian of the

public record. The right to copy a public record

shall include the right to make photographs or

photographic copies while the public record is

in the possession of the custodian of the public

record. 22.3 1. The examination and copying

of public records shall be done under the

supervision of the lawful custodian of the

records or the custodian's authorized designee.

The lawful custodian shall not require the

physical presence of a person requesting or

receiving a copy of a public record and shall

fulfill requests for a copy of a public record

received in writing, by telephone, or by

electronic means. 22.4 The rights of persons

under this chapter may be exercised at any

time during the customary office hours of the

lawful custodian of the records. However, if the

lawful custodian does not have customary

office hours of at least thirty hours per week,

such right may be exercised at any time from

9:00 a.m. to noon and from 1:00 p.m. to 4:00

p.m. Monday through Friday, excluding legal

holidays, unless the person exercising such

right and the lawful custodian agree on a

different time.



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Kansas

45-221 a) Except to the extent disclosure is

otherwise required by law, a public agency shall

not be required to disclose: (49) An individual's

e-mail address, cell phone number and other

contact information which has been given to the

public agency for the purpose of public agency

notifications or communications which are

widely distributed to the public.(e) The

provisions of this section shall not be construed

to exempt from public disclosure statistical

information not descriptive of any identifiable

person.

45-218 (a) All public records shall be open for

inspection by any person, except as otherwiseprovided by this act, and suitable facilities shall

be made available by each public agency for

this purpose. No person shall removal original

copies of public records from the office of any

public agency without the written permission of

the custodian of the record.b) Upon request in

accordance with procedures adopted under

K.S.A. 45-220, any person may inspect public

records during the regular office hours of the

public agency and during any additional hours

established by the public agency pursuant to

K.S.A. 45-220.(e) The custodian may refuse to

provide access to a public record, or to permit

inspection, if a request places an unreasonable

burden in producing public records or if the

custodian has reason to believe that repeated

requests are intended to disrupt other essential

functions of the public agency. However,

refusal under this subsection must be

sustained by preponderance of the evidence.



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Kentucky

KRS 61.878 (1)(a): (1) The following public

records are excluded from the application of

KRS 61.870 to 61.884 and shall be subject to

inspection only upon order of a court of

competent jurisdiction, except that no court

shall authorize the inspection by any party of

any materials pertaining to civil litigation

beyond that which is provided by the Rules of

Civil Procedure governing pretrial discovery:

(a) Public records containing information of a

personal nature where the public disclosure

thereof would constitute a clearly unwarrantedinvasion of personal privacy;



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Louisiana

General Freedom of Information Act is provided

under La. R.S. 44.

LSA-Const. Art. 12, 3: Section 3. No person

shall be denied the right to observe the

deliberations of public bodies and examine

public documents, except in cases established

by law.



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Maine

1 M.R.S. 402 (3)(K): Personally identifying

information concerning minors that is obtained

or maintained by a municipality in providing

recreational or nonmandatory educational

programs or services, if the municipality has

enacted an ordinance that specifies the

circumstances in which the information will be

withheld from disclosure. This paragraph does

not apply to records governed by Title 20-A,

section 6001 and does not supersede Title 20-

A, section 6001-A;



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Maryland

(f)(1) Except as otherwise provided in this Part

III, personal information means information

that identifies an individual including an

individual's address, driver's license number or

any other identification number, medical or

disability information, name, photograph or

computer generated image, Social Security

number, or telephone number. (2) Personal

information does not include an individual's

driver's status, driving offenses, 5-digit zip

code, or information on vehicular accidents.

MD Code, State Government, 10-613 (a)(1)

Except as otherwise provided by law, a

custodian shall permit a person or

governmental unit to inspect any public record

at any reasonable time. (2) Inspection or

copying of a public record may be denied only

to the extent provided under this Part III of this

subtitle. 10-612 (a) All persons are entitled

to have access to information about the affairs

of government and the official acts of public

officials and employees.



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Massachusetts

Website: We use the term "personally

identifiable information" to mean any

information that could reasonably be used to

identify you, including your name, address,

telephone number, e-mail address, Social

Security number, birth date, bank account

information, credit card information, or any

combination of information that could be used

to identify you.

. . . . : a very person av ng

custody of any public record, as defined in

clause Twenty-sixth of section seven of chapter

four, shall, at reasonable times and without

unreasonable delay, permit it, or any

segregable portion of a record which is an

independent public record, to be inspected and

examined by any person, under his supervision,

and shall furnish one copy thereof upon

payment of a reasonable fee. Every person forwhom a search of public records is made shall,

at the direction of the person having custody of

such records, pay the actual expense of such

search. The following fees shall apply to any

public record in the custody of the state police,

the Massachusetts bay transportation authority

police or any municipal police department or

fire department: for preparing and mailing a

motor vehicle accident report, five dollars for

not more than six pages and fifty cents for each

additional page; for preparing and mailing a fire

insurance report, five dollars for not more than

six pages plus fifty cents for each additional

page; for preparing and mailing crime, incident

or miscellaneous reports, one dollar per page;for furnishing any public record, in hand, to a

person requesting such records, fifty cents per

page. A page shall be defined as one side of an

eight and one-half inch by eleven inch sheet of

paper.

(d) The home address and home telephone

number of law enforcement, judicial,

prosecutorial, department of youth services,

department of children and families,

department of correction and any other public

safety and criminal justice system personnel,

and of unelected general court personnel, shall



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Michigan

M.C.L.A. 15.233 (6):Inspection, copying and

receipt of public records, right and opportunity;

subscriptions; custodian.(6) The custodian of a

public record shall, upon written request,

furnish a requesting person a certified copy of a

public record.



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Minnesota

The information is retained in accordance with

Minnesota Statutes Chapter 138.17, subd.1,

and Minnesota Statutes Chapter 15.17;

destruction, preservation, reproduction ofrecords, prima facie evidence.

M.S.A. 325E.61:(e) For purposes of this

section and section 13.055, subdivision 6,

personal information means an individual's

first name or first initial and last name in

combination with any one or more of the

following data elements, when the data element

is not secured by encryption or another method

of technology that makes electronic data

unreadable or unusable, or was secured and

the encryption key, password, or other means

necessary for reading or using the data was

also acquired:

(1) Social Security number;

(2) driver's license number or Minnesota

identification card number; or

(3) account number or credit or debit card

number, in combination with any required

security code, access code, or password that

would permit access to an individual's financial

account.

M.S.A. 138.17 (1c)(6):Subd. 1c. Access to

archives records. (a) All records transferred to

the archives shall be accessible to the public

unless the archives determines that the

information:

(6) if disclosed, would constitute a clearly

unwarranted invasion of personal privacy.

Disclosure of an individually identifiable record

does not constitute a clearly unwarranted

invasion of personal privacy if the public

interest in disclosure outweighs the privacyinterest of the individual.



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Mississippi

Miss. Code Ann. 75-24-29: (b) Personal


first initial and last name in combination with

any one or more of the following data elements:

(i) Social security number;

(ii) Driver's license number or state


(iii) An account number or credit or debit card

number in combination with any required

security code, access code or password that


account; personal information does not

include publicly available information that is


from federal, state or local government records

or widely distributed media;

(iv) Affected individual means any individual

who is a resident of this state whose personal

information was, or is reasonably believed to

have been, intentionally acquired by an

unauthorized person through a breach of

security.



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Missouri



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Montana

MCA 2-17-551(6): Personally identifiable

information means individually identifiable

information about an individual collected online,

including:

(a) a first and last name;

(b) a residence or other physical address,

including a street name and name of a city or

town;

(c) an e-mail address;

(d) a telephone number;

(e) a social security number; or

(f) unique identifying information that an

internet service provider or a government

website operator collects and combines with

any information described in subsections (6)(a)

through (6)(e).

Website: We use your personal information for

the following purposes:

To ensure our site is relevant to your needs, to

deliver services, such as newsletters, events,

or other information you request, to help us

create and publish content most relevant to

you, and to allow you access to limited-entry

areas of our site as appropriate.



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Nebraska

Neb.Rev.St. 87-802 (5):Personal information

means a Nebraska resident's first name or first

initial and last name in combination with any

one or more of the following data elements thatrelate to the resident if either the name or the

data elements are not encrypted, redacted, or

otherwise altered by any method or technology

in such a manner that the name or data

elements are unreadable:

(a) Social security number;

(b) Motor vehicle operator's license number or

state identification card number;

(c) Account number or credit or debit card



would permit access to a resident's financial

account;

(d) Unique electronic identification number or

routing code, in combination with any requiredsecurity code, access code, or password; or

(e) Unique biometric data, such as a fingerprint,

voice print, or retina or iris image, or other

unique physical representation.

Personal information does not include publicly



state, or local government records;

Website: Please be advised that all information

which is collected by state agencies is likely to

be considered a public record which is available

for public review under the Nebraska Public

Records Statutes unless there is a specific

statute which allows that information to be kept

confidential. An example of a specific statute

which allows certain types of information to be

kept confidential may be found at Neb. Rev.

Stat. Section 84-712.05.



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Nevada

N.R.S. 603A.040: Personal information

means a natural person's first name or first


one or more of the following data elements,

when the name and data elements are not

encrypted:

1. Social security number.

2. Driver's license number or identification card

number.

3. Account number, credit card number or debit

card number, in combination with any required


would permit access to the person's financial

account.

The term does not include the last four digits of

a social security number, the last four digits of

a driver's license number or the last four digits

of an identification card number or publicly


available to the general public.

N.R.S. 239B.030 (2): If personal informationabout a person is required to be included in a

document that is recorded, filed or otherwise

submitted to a governmental agency on or after

January 1, 2007, pursuant to a specific state or

federal law, for the administration of a public

program or for an application for a federal or

state grant, a governmental agency shall

ensure that the personal information is

maintained in a confidential manner and may

only disclose the personal information as

required:

(a) To carry out a specific state or federal law;

or

(b) For the administration of a public program

or an application for a federal or state grant.

Any action taken by a governmental agency

pursuant to this subsection must not be

construed as affecting the legality of the

document.



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New Hampshire

N.H. Rev. Stat. 359-C:19: IV.(a) Personal



one or more of the following data elements,


not encrypted:

(1) Social security number.

(2) Driver's license number or other

government identification number.

(3) Account number, credit card number, or

debit card number, in combination with any

required security code, access code, or

password that would permit access to an

individual's financial account.

(b) Personal information shall not include



government records.

N.H. Rev. Stat. 91-A:10:(h) Personal

information means information relating to an

individual that is reported to the state or is

derived from any interaction between the state

and an individual and which:

(1) Contains direct identifiers.

(2) Is under the control of the state.

N.H. Rev. Stat. 359-I:2: I. Unless otherwise

permitted by state law or rules or federal statute

or regulation, no person shall, without the

authorization, consent, or permission of the

other person, do any of the following with

fraudulent intent:

(a) Obtain, record, or access personal

information or a financial device that would

assist the person in accessing financial

resources or obtaining personal information

owned by the other person other than that

which is necessary to process a transaction for

the benefit of the other person.

(b) Obtain goods, services, or some other

benefit through the use of personal information

or a financial device of the other person.

(c) Obtain personal information or financial

device documents in the other person's name.

(d) Possess the personal information or a

financial device of the other person without

permission or lawful authority, with the intent to

use or to aid or permit some third person to use

such information or device to obtain cash,

credit, property, services, or any other thing ofvalue or to make a financial payment.

(e) Use or possess personal information or a

financial device of the other person without

permission or lawful authority with the intent to

obtain, or to aid or permit some third person to

obtain, a government-issued document.

(f) Falsely make, complete, or alter a written

instrument containing any personal information

of the other person.

(g) Make or convey a materially false

statement, without permission or lawful

authority, with the intent to obtain, record, or

access the personal information or financial

device of the other person.



31/204

New Jersey

N.J.S.A. 56:8-161:Personal information

means an individual's first name or first initialand last name linked with any one or more of

the following data elements: (1) Social Security

number; (2) driver's license number or State

identification card number; or (3) account

number or credit or debit card number, in

combination with any required security code,

access code, or password that would permit

access to an individual's financial account.

Dissociated data that, if linked, would constitute

personal information is personal information if

the means to link the dissociated data were

accessed in connection with access to the

dissociated data.

For the purposes of sections 10 through 15 of

this amendatory and supplementary act1,

personal information shall not include publicly



state or local government records, or widely

distributed media.

N.J.S.A. 47:1A-1:a public agency has a

responsibility and an obligation to safeguard

from public access a citizen's personal

information with which it has been entrusted

when disclosure thereof would violate the

citizen's reasonable expectation of privacy; and

nothing contained in P.L.1963, c. 73 (C.47:1A-1

et seq.), as amended and supplemented, shall

be construed as affecting in any way the

common law right of access to any record,

including but not limited to criminal

investigatory records of a law enforcementagency.



32/204

New Mexico

N. M. S. A. 1978, 14-2-1 (B): Protectedpersonal identifier information contained in

public records may be redacted by a public

body before inspection or copying of a record.

The presence of protected personal identifier

information on a record does not exempt the

record from inspection. Unredacted records

that contain protected personal identifier

information shall not be made available on

publicly accessible web sites operated by or

managed on behalf of a public body.

N. M. S. A. 1978, 14-2-6: E. protected

personal identifier information means:

(1) all but the last four digits of a:

(a) taxpayer identification number;(b) financial account number; or

(c) driver's license number;

(2) all but the year of a person's date of birth;

and

(3) a social security number;



33/204

New York

McKinney's Public Officers Law 92:(7)

Personal information. The term personal

information means any information concerning

a data subject which, because of name,

number, symbol, mark or other identifier, can

be used to identify that data subject.

c nney s u c cers aw : o

agency may disclose any record or personal

information unless such disclosure is:

(a) pursuant to a written request by or the

voluntary written consent of the data subject,

provided that such request or consent by its

terms limits and specifically describes:

(i) the personal information which is requested

to be disclosed;

(ii) the person or entity to whom such personalinformation is requested to be disclosed; and

(iii) the uses which will be made of such

personal information by the person or entity

receiving it; or

(b) to those officers and employees of, and to

those who contract with, the agency that

maintains the record if such disclosure is

necessary to the performance of their official

duties pursuant to a purpose of the agency

required to be accomplished by statute or

executive order or necessary to operate a

program specifically authorized by law; or

(c) subject to disclosure under article six of this

chapter, unless disclosure of such information

would constitute an unwarranted invasion ofpersonal privacy as defined in paragraph (a) of

subdivision two of section eighty-nine of this

chapter; or

(d) to officers or employees of another

governmental unit i f each category of

information sought to be disclosed is necessary

for the receiving governmental unit to operate a

program specifically authorized by statute and if

the use for which the information is requested

is not relevant to the purpose for which it was

collected; or

(e) for a routine use, as defined in subdivision

ten of section ninety-two of this article; or



34/204

North Carolina

. . . . . - .

communicate or otherwise make available to

the general public a person's social security

number or other identifying information.

Identifying information, as used in this

subdivision, shall have the same meaning as in

G.S. 14-113.20(b), except it shall not include

electronic identification numbers, electronic

mail names or addresses, Internet account

numbers, Internet identification names, parent'slegal surname prior to marriage, or drivers

license numbers appearing on law enforcement

records. Identifying information shall be

confidential and not be a public record under

this Chapter. A record, with identifying

information removed or redacted, is a public

record if it would otherwise be a public record

under this Chapter but for the identifying

information. The presence of identifying

information in a public record does not change

the nature of the public record. If all other public

records requirements are met under this

Chapter, the agency of the State or its political

subdivisions shall respond to a public records

request, even if the records contain identifyinginformation, as promptly as possible, by

providing the public record with the identifying

information removed or redacted.

N.C.G.S.A. 14-113.20:(b) The term

identifying information as used in this Article

includes the following:

(1) Social security or employer taxpayer

identification numbers.

(2) Drivers license, State identification card, or

passport numbers.

(3) Checking account numbers.

(4) Savings account numbers.



35/204

North Dakota

NDCC, 51-30-01: a. Personal information

means an individual's first name or first initial

and last name in combination with any of the

following data elements, when the name and

the data elements are not encrypted:

(1) The individual's social security number;(2) The operator's license number assigned to

an individual by the department of

transportation under section 39-06-14;

(3) A nondriver color photo identification card

number assigned to the individual by the

department of transportation under section 39-

06-03.1;

(4) The individual's financial institution account

number, credit card number, or debit card

number in combination with any required



accounts;

(5) The individual's date of birth;

(6) The maiden name of the individual's

mother;

(7) An identification number assigned to the

individual by the individual's employer; or

(8) The individual's digitized or other electronic

signature.

b. Personal information does not include

publicly available information that is lawfully

made available to the general public from

federal, state, or local government records.

NDCC, 20.1-02-29:The following records,

regardless of form or characteristic, of orrelating to the game and fish department are

exempt under section 44-04-18 and section 6 of

article XI of the Constitution of North Dakota:

1. A record that would identify the name,

address, or electronic mail address of an

individual participating in a wildlife harvest

survey.

2. A record that would identify population

distributions or locations of pallid sturgeon,

bighorn sheep, moose, elk, eagles, sage

grouse, prairie chickens, and any species of

wildlife listed as threatened or endangered

under the federal Endangered Species Act of

1973 [Pub. L. 93-205; 87 Stat. 884; 16 U.S.C.

1531 et seq.], as amended.3. Telemetry radio frequencies or global

positioning system coordinates of monitored

species, denning sites, nest locations of

raptors, and the specific location of wildlife

capture sites used for wildlife research or

management.



36/204

Ohio

R.C. 1347.01(E): Personal information

means any information that describes anything

about a person, or that indicates actions done

by or to a person, or that indicates that a

person possesses certain personal

characteristics, and that contains, and can be

retrieved from a system by, a name, identifying

number, symbol, or other identifier assigned to

a person.

ORC Ann. 1347.15:(1) "Confidential personal

information" means personal information that is

not a public record for purposes of section

149.43 of the Revised Code.

R.C. 1347.04 (B): The provisions of this

chapter shall not be construed to prohibit the

release of public records, or the disclosure ofpersonal information in public records, as

defined in section 149.43 of the Revised Code,

or to authorize a public body to hold an

executive session for the discussion of

personal information if the executive session is

not authorized under division (G) of section

121.22 of the Revised Code.

R.C. 149.44:Any state records center or

archival institution established pursuant to

sections 149.31 and 149.331 of the Revised

Code is an extension of the departments,

offices, and institutions of the state and all state

and local records transferred to records centers

and archival institutions shall be available for

use under section 149.43 of the Revised Code.

The state records administration, assisted by

the state archivist, shall establish rules and

procedures for the operation of state records

centers and archival institutions holding public

records, respectively.



37/204

Oklahoma

74 Okl.St.Ann. 3113.1: 2. Personal

information means the first name or first initial

and last name of an individual in combination

with any one or more of the following data

elements, when either the name or the data

elements are not encrypted:

a. social security number,

b. driver license number, or

c. account number, credit or debit card number,

in combination with any required security code,

access code, or password that would permit

access to the financial account of an individual.

Personal information shall not include publicly



state, or local public records;

. . nn. . : recor s o pu c

bodies and public officials shall be open to any

person for inspection, copying, or mechanical

reproduction during regular business hours;

provided:

1. The Oklahoma Open Records Act, Sections

24A.1 through 24A.28 of this title, does not

apply to records specifically required by law to

be kept confidential including:

a. records protected by a state evidentiaryprivilege such as the attorney-client privilege,

the work product immunity from discovery and

the identity of informer privileges,

b. records of what transpired during meetings

of a public body lawfully closed to the public

such as executive sessions authorized under

the Oklahoma Open Meeting Act, Section 301

et seq. of Title 25 of the Oklahoma Statutes,

c. personal information within driver records as

defined by the Driver's Privacy Protection Act,

18 United States Code, Sections 2721 through

2725, or

d. information in the files of the Board of

Medicolegal Investigations obtained pursuant to

Sections 940 and 941 of Title 63 of theOklahoma Statutes that may be hearsay,

preliminary unsubstantiated investigation-

related findings, or confidential medical

information.

2. Any reasonably segregable portion of a

record containing exempt material shall be

provided after deletion of the exempt portions;

provided however, the Department of Public

Safety shall not be required to assemble for the

requesting person specific information, in any

format, from driving records relating to any

person whose name and date of birth or whose

driver license number is not furnished by the



38/204

Oregon

O.R.S. 646A.602 (11): Personal

information:

(a) Means a consumer's first name or first initial

and last name in combination with any one or

more of the following data elements, when the

data elements are not rendered unusable

through encryption, redaction or other methods,

or when the data elements are encrypted and

the encryption key has also been acquired:

(A) Social Security number;

(B) Driver license number or state identification

card number issued by the Department of

Transportation;

(C) Passport number or other United States

issued identification number; or

(D) Financial account number, credit or debit



would permit access to a consumer's financial

account.



39/204

Pennsylvania

73 P.S. 2302:Personal information.

(1) An individual's first name or first initial and

last name in combination with and linked to any

one or more of the following data elements

when the data elements are not encrypted orredacted:

(i) Social Security number.

(ii) Driver's license number or a State

identification card number issued in lieu of a

driver's license.

(iii) Financial account number, credit or debit




account.

(2) The term does not include publicly available


the general public from Federal, State or local

government records.

Records. Any material, regardless of thephysical form, on which information is recorded

or preserved by any means, including in written

or spoken words, graphically depicted, printed

or electromagnetically transmitted. The term

does not include publicly available directories

containing information an individual has

voluntarily consented to have publicly

disseminated or listed, such as name, address

or telephone number.



40/204

Rhode Island

Gen.Laws 1956, 6-52-1 (3): Personal

information means the following information

that identifies, relates to, describes, or is

capable of being associated with a particular

individual: his or her signature, social security

number, physical characteristics or description,

passport number, driver's license or state

identification card number, insurance policy

number, bank account number, credit card

number, debit card number, any other financial

information or confidential health care

information including all information relating to

a patient's health care history, diagnosis

condition, treatment, or evaluation obtainedfrom a health care provider who has treated the

patient which explicitly or by implication

identifies a particular patient.



41/204

South Carolina

Code 1976 16-13-510: (D) Personal

identifying information means the first name or

first initial and last name in combination with

and linked to any one or more of the following

data elements that relate to a resident of this

State, when the data elements are neither

encrypted nor redacted:

(1) social security number;(2) driver's license number or state

identification card number issued instead of a

driver's license;

(3) financial account number, or credit card or

debit card number in combination with any

required security code, access code, or

password that would permit access to a

resident's financial account; or

(4) other numbers or information which may be

used to access a person's financial accounts or

numbers or information issued by a

governmental or regulatory entity that uniquely

will identify an individual.

The term does not include information that is

lawfully obtained from publicly available

information, or from federal, state, or local

government records lawfully made available to

the general public.

Code 1976 37-20-110: (11)(a) For purposes

of this chapter, personal identifying

information means personal identifying

information as defined in Section 16-13-510(D).

(b) Personal identifying information does not

mean information about vehicular accidents,

driving violations, and driver's status.

Code 1976 30-2-30:(1) Personal

information means information that identifies

or describes an individual including, but not

limited to, an individual's photograph or

digitized image, social security number, date of

birth, driver's identification number, name,

home address, home telephone number,

medical or disability information, education

level, financial status, bank account numbers,

account or identification number issued by or

used, or both, by any federal or state

governmental agency or private financial

institution, employment history, height, weight,

race, other physical details, signature, biometric

identifiers, and any credit records or reports.

Personal information does not mean

information about boating accidents, vehicular

accidents, driving violations, boating violations,

or driver status, or names and addresses from

any registration documents filed with the

Department of Revenue as a business address

which also may be a personal address.



42/204

South Dakota



43/204

Tennessee

T. C. A. 39-14-150: (2) As used in this

subsection (g), personal identifying

information means a customer's:

(A) Social security number;

(B) Driver license identification number;

(C) Savings account number;

(D) Checking account number;

(E) PIN (personal identification number) or

password;

(F) Complete credit or debit card number;

(G) Demand deposit account number;

(H) Health insurance identification number; or(I) Unique biometric data.



44/204

Texas

V.T.C.A., Bus. & C. 521.002:(1) Personal

identifying information means information that

alone or in conjunction with other information

identifies an individual, including an individual's:

(A) name, social security number, date of birth,

or government-issued identification number;

(B) mother's maiden name;

(C) unique biometric data, including the

individual's fingerprint, voice print, and retina or

iris image;

(D) unique electronic identification number,

address, or routing code; and

(E) telecommunication access device as

defined by Section 32.51, Penal Code.



45/204

Utah

U.C.A. 1953 13-44-102 (3)(a): Personalinformation means a person's first name or

first initial and last name, combined with any

one or more of the following data elements

relating to that person when either the name or

date element is unencrypted or not protected

by another method that renders the data

unreadable or unusable:

(i) Social Security number;

(ii)(A) financial account number, or credit or

debit card number; and

(B) any required security code, access code, or

password that would permit access to the

person's account; or

(iii) driver license number or state identification

card number.(b) Personal information does not include

information regardless of its source, contained

in federal, state, or local government records or

in widely distributed media that are lawfully

made available to the general public.



46/204

Vermont

9 V.S.A. 2430 (5)(A) :Personally identifiable


first initial and last name in combination withany one or more of the following data elements,


not encrypted or redacted or protected by

another method that renders them unreadable

or unusable by unauthorized persons:

(i) Social Security number;

(ii) Motor vehicle operator's license number or

nondriver identification card number;

(iii) Financial account number or credit or debit

card number, if circumstances exist in which

the number could be used without additional

identifying information, access codes, or

passwords;

(iv) Account passwords or personal

identification numbers or other access codes

for a financial account.

(B) Personally identifiable information does

not mean publicly available information that is


from federal, state, or local government

records.



47/204

Virginia

VA Code Ann. 2.2-3801:Personal

information means all information that (i)describes, locates or indexes anything about an

individual including, but not limited to, his social

security number, driver's license number,

agency-issued identification number, student

identification number, real or personal property

holdings derived from tax returns, and his

education, financial transactions, medical

history, ancestry, religion, political ideology,

criminal or employment record, or (ii) affords a

basis for inferring personal characteristics, such

as finger and voice prints, photographs, or

things done by or to such individual; and the

record of his presence, registration, or

membership in an organization or activity, or

admission to an institution. Personalinformation shall not include routine

information maintained for the purpose of

internal office administration whose use could

not be such as to affect adversely any data

subject nor does the term include real estate

assessment information.

VA Code Ann. 2.2-3802:The provisions of

this chapter shall not apply to personal

information systems:5. Maintained by agencies

concerning persons required by law to be

licensed in the Commonwealth to engage in the

practice of any profession, in which case the

names and addresses of persons applying for

or possessing the license may be disseminated

upon written request to a person engaged in

the profession or business of offering

professional educational materials or courses

for the sole purpose of providing the licensees

or applicants for licenses with informational

materials relating solely to available

professional educational materials or courses,

provided the disseminating agency is

reasonably assured that the use of the

information will be so limited;



48/204

Washington

West's RCWA 42.56.590 (5): For purposes of

this section, personal information means an

individual's first name or first initial and last

name in combination with any one or more of

the following data elements, when either the

name or the data elements are not encrypted:

(a) Social security number;

(b) Driver's license number or Washington


(c) Account number or credit or debit card




account.

(6) For purposes of this section, personalinformation does not include publicly available



government records.

es s . . : e o owng

personal information is exempt from public

inspection and copying under this chapter:

(1) Personal information in any files maintained

for students in public schools, patients or

clients of public institutions or public health

agencies, or welfare recipients;

(2) Personal information including, but not

limited to, addresses, telephone numbers,

personal electronic mail addresses, socialsecurity numbers, emergency contact and date

of birth information for a participant in a public

or nonprofit program serving or pertaining to

children, adolescents, or students, including but

not limited to early learning or child care

services, parks and recreation programs, youth

development programs, and after-school

programs. Emergency contact information may

be provided to appropriate authorities and

medical personnel for the purpose of treating

the individual during an emergency situation;

(3) Personal information in files maintained for

employees, appointees, or elected officials of

any public agency to the extent that disclosure

would violate their right to privacy;(4) Information required of any taxpayer in

connection with the assessment or collection of

any tax if the disclosure of the information to

other persons would: (a) Be prohibited to such

persons by RCW 84.08.210, 82.32.330,

84.40.020, 84.40.340, or any ordinance

authorized under RCW 35.102.145; or (b)

violate the taxpayer's right to privacy or result in

unfair competitive disadvantage to the

taxpayer;

(5) Credit card numbers, debit card numbers,

electronic check numbers, card expiration

dates, or bank or other financial account



49/204

West Virginia

W. Va. Code, 46A-2A-101 (6): Personal

information means the first name or first initial

and last name linked to any one or more of the

following data elements that relate to a resident

of this state, when the data elements are

neither encrypted nor redacted:


(B) Driver's license number or state

identification card number issued in lieu of a

driver's license; or

(C) Financial account number, or credit card, or


required security code, access code or

password that would permit access to a

resident's financial accounts.

The term does not include information that is

lawfully obtained from publicly available

information, or from federal, state or local

government records lawfully made available to

the general public.

W. Va. Code, 5A-8-22:(a) The following

information maintained by state executive

branch agencies with respect to individuals and

their dependents, is personal information,

exempted from disclosure under the provisions

of article one, chapter twenty nine-b of this

code, and may not be released to non-

governmental entities:

(1) An individual's social security number; or

(2) An individual's credit or debit card number.

(b) Notwithstanding the provisions of

subsection (a) of this section, the information

enumerated in said subsection may be

released for such purposes as are authorized

by federal law or regulation, a provision of this

code or a legislative rule promulgated pursuant

to the provisions of chapter twenty-nine-a of

this code.



50/204

Wisconsin

. . . .

means an individual's last name and the

individual's first name or first initial, in

combination with and linked to any of the

following elements, if the element is not publicly

available information and is not encrypted,

redacted, or altered in a manner that renders

the element unreadable:

1. The individual's social security number.

2. The individual's driver's license number orstate identification number.

3. The number of the individual's financial

account number, including a credit or debit card

account number, or any security code, access

code, or password that would permit access to

the individual's financial account.

4. The individual's deoxyribonucleic acid profile,

as defined in s. 939.74(2d)(a).

5. The individual's unique biometric data,

including fingerprint, voice print, retina or iris

image, or any other unique physical

representation.

W.S.A. 943.201: (b)Personal identifying

information means any of the followinginformation:

1. An individual's name.

2. An individual's address.

3. An individual's telephone number.

4. The unique identifying driver number

assigned to the individual by the department of

transportation under s. 343.17 (3)(a) 4.

5. An individual's social security number.

6. An individual's employer or place of

employment.

7. An identification number assigned to an

individual by his or her employer.

8. The maiden name of an individual's mother.

W.S.A. 23.45:(c) Personal identifier means a

name, social security number, telephone

number, street address, postoffice box number

or 9-digit extended zip code.



51/204

Wyoming

Information collected at the State of Wyoming

web pages may be subject to disclosure under

the public record laws of Wyoming including,

but not limited to, Wyoming Statute 16-4-201

et seq.

W.S.1977 40-12-501:(vii) Personalidentifying information means the first name or

first initial and last name of a person in

combination with one (1) or more of the

following data elements when either the name

or the data elements are not redacted:


(B) Driver's license number or Wyoming

identification card number;

(C) Account number, credit card number or



would allow access to a financial account of the

person;

(D) Tribal identification card; or

(E) Federal or state government issuedidentification card.

W.S.1977 6-3-901:(b) As used in this section

personal identifying information, means the

name, address, telephone number, driver's

license number, social security number, place

of employment, employee identification

number, tribal identification card number,

mother's maiden name, demand deposit

account number, savings account number, or

credit card number of an individual person.


52/204

Public Records Commercial Purposes

Ala.Code 1975 41-13-1:As used in this

article, the term public records shall include all

written, typed or printed books, papers, letters,

documents and maps made or received in

pursuance of law by the public officers of the

state, counties, municipalities and other

subdivisions of government in the transactions

of public business and shall also include any

record authorized to be made by any law of this

state belonging or pertaining to any court ofrecord or any other public record authorized by

law or any paper, pleading, exhibit or other

writing filed with, in or by any such court, office

or officer.

Ala.Code 1975 9-11-36:The judge of probate,

the license commissioner or such person or

persons not residing at the county seat in which

the county courthouse is located and duly

appointed by the Commissioner of

Conservation and Natural Resources and so

authorized by him shall have authority to issue

all licenses, resident or nonresident, to all

persons complying with the provisions of this

article and shall sign his name and shall require

the person to whom the license is issued to

sign his name on the margin thereof. The

person or persons issuing said license shall

keep in a book or on specially prepared sheets

to be furnished by the Commissioner of

Conservation and Natural Resources a correct

and complete record of all licenses issued,

which record shall remain in his office and be

open to inspection by the public at all

reasonable times.



53/204

AS 40.21.150 (4) electronic record means

any information that is recorded in machine

readable form;(6) record means any

document, paper, book, letter, drawing, map,

plat, photo, photographic file, motion picture

film, microfilm, microphotograph, exhibit,

magnetic or paper tape, punched card,

electronic record, or other document of any

other material, regardless of physical form or

characteristic, developed or received under law

or in connection with the transaction of official

business and preserved or appropriate for

preservation by an agency or a political

subdivision, as evidence of the organization,

function, policies, decisions, procedures,

operations, or other activities of the state or

political subdivision or because of the

informational value in them; the term does not

include library and museum material developed

or acquired and preserved solely for reference,

historical, or exhibition purposes, extra copies

of documents preserved solely for convenience

of reference, or stocks of publications and

processed documents;

Under the public records laws, the Alaska

Department of Fish and Game cannot comply

with requests to remove a person's name or

mailing address from a mailing list which is

provided to the public; however, if an individual

has an unlisted phone number, ADF&G may

remove the phone number from a mailing list

which is provided to the public. Alaska

Op.Atty.Gen. 663-94-0164, (July 25, 1995)

1995 WL 595464.



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A.R.S. 41-151.18: In this article, unless the

context otherwise requires, records means all

books, papers, maps, photographs or other

documentary materials, regardless of physical

form or characteristics, including prints or

copies of such i tems produced or reproduced

on film or electronic media pursuant to 41-

151.16, made or received by any governmental

agency in pursuance of law or in connection

with the transaction of public business and

preserved or appropriate for preservation by the

agency or its legitimate successor as evidence

of the organization, functions, policies,

decisions, procedures, operations or other

activities of the government, or because of theinformational and historical value of data

contained in the record, and includes records

that are made confidential by statute.

A.R.S. 39-121.03: commercial purpose

means use of a public record for the purpose

of sale or resale or for the purpose of producing

a document containing all or part of the copy,

printout or photograph for sale or the obtaining

of names and addresses from public records

for the purpose of solicitation or the sale ofnames and addresses to another for the

purpose of solicitation or for any purpose in

which the purchaser can reasonably anticipate

the receipt of monetary gain from the direct or

indirect use of the public record. Commercial

purpose does not mean the use of a public

record as evidence or as research for evidence

in an action in any judicial or quasi-judicial

body.

For the purposes of this section, commercial

purpose means the use of a public record for

the purpose of sale or resale or for the purpose

of producing a document containing all or part

of the copy, printout or photograph for sale or

the obtaining of names and addresses from

public records for the purpose of solicitation or

the sale of names and addresses to another for

the purpose of solicitation or for any purpose in

which the purchaser can reasonably anticipate

the receipt of monetary gain from the direct or

indirect use of the public record. Commercial

purpose does not mean the use of a public

record as evidence or as research for evidence

in an action in any judicial or quasi-judicial

body.



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25-19-103 (5)(A) Public records means

writings, recorded sounds, films, tapes,

electronic or computer-based information, or

data compilations in any medium required by

law to be kept or otherwise kept and that

constitute a record of the performance or lack

of performance of official functions that are or

should be carried out by a public official or

employee, a governmental agency, or any other

agency or improvement district that is wholly or

partially supported by public funds or expending

public funds. All records maintained in public

offices or by public employees within the scopeof their employment shall be presumed to be

public records.

Connell v. Superior Court (App. 3 Dist. 1997)

65 Cal.Rptr.2d 738, 56 Cal.App.4th 601: In

weighing public interest of disclosure of

information requested under Public Records

Act, fact that a requesting party is a commercial

entity using information for strictly commercial

purposes does not diminish public interest

inherent in material requested, and Act does

not take into consideration requesting party's

profit motives or needs.



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1798.3(g) The term record means any file

or grouping of information about an individual

that is maintained by an agency by reference to

an identifying particular such as the individual's

name, photograph, finger or voice print, or a

number or symbol assigned to the individual.

1798.3(j) The term commercial purpose

means any purpose which has financial gain as

a major objective. It does not include thegathering or dissemination of newsworthy facts

by a publisher or broadcaster.

West's Ann.Cal.Fish & G.Code 1050.6:(a)

Except as otherwise provided in this section,

the names and addresses contained in records

submitted and retained by the department for

the purpose of obtaining recreational fishing

and hunting licenses are confidential and are

not public records.

(b) Notwithstanding any other provision of law,

the department may release the confidential

information described in subdivision (a) under

the following circumstances:

(1) To an agent or authorized family member of

the person to whom the information pertains.

(2) To an officer or employee of another

governmental agency when necessary for the

performance of his or her official duties.

(3) In accordance with Section 391.

(4) Pursuant to a court order.



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24-72-202(6)(a)(I) Public records means

and includes all writings made, maintained, or

kept by the state, any agency, institution, a

nonprofit corporation incorporated pursuant to

section 23-5-121(2), C.R.S., or political

subdivision of the state, or that are described in

section 29-1-902, C.R.S., and held by any local-

government-financed entity for use in the

exercise of functions required or authorized by

law or administrative rule or involving the

receipt or expenditure of public funds.

C.R.S.A. 33-1-106:(1) In order to provide an

adequate, flexible, and coordinated statewide

system of wildlife management and to maintain

adequate and proper populations of wildlife

species, the commission shall have authority in

this state, by appropriate rules and regulations,

to:

(d) Establish requirements for persons who are

engaged in the business of buying, selling,

processing, or otherwise handling wildlife for

the keeping of records of such transactions and

to make such records available for inspection;

(II) All records required to be kept and to make

copies of such records.



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1-200 (5) Public records or files means any

recorded data or information relating to the

conduct of the public's business prepared,

owned, used, received or retained by a public

agency, or to which a public agency is entitled

to receive a copy by law or contract under

section 1-218, whether such data or information

be handwritten, typed, tape-recorded, printed,

photostated, photographed or recorded by any

other method.

C.G.S.A. 26-36:Each town clerk shall keep a

record of all licenses issued by such clerkunder the provisions of this chapter for a period

of two years after issuance, which record shall

be open to public inspection, and such clerk

shall, on the first Monday of each month, remit

to the commissioner all money, except the

recording fees, received by such clerk for such

licenses issued during the month preceding

and shall also forward to the commissioner

copies of all licenses issued during the month

preceding. Within fifteen days following the

close of each calendar year, the town clerk

shall send to the commissioner (1) all license

forms, other than lifetime license forms, allotted

to suc

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