Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-1

PUBLIC INFORMATION ACT

Annotated Code of Maryland

State Government Article

10-611. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-2

10-612. Access to Public Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-3

10-613. Right of Inspection; Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-3

10-614. Application; Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-4

10-615. Required Denials ) Other Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-5

10-616. Required Denials ) Specific Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-5

10-617. Required Denials ) Specific Information . . . . . . . . . . . . . . . . . . . . . . . . . . C-13

10-618. Discretionary Denials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-16

10-619. Temporary Denials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-20

10-620. Copies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-20

10-621. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-21

10-622. Administrative Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-21

10-623. Judicial Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-22

10-624. Personal Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-23

10-625. Request for Correction of Public Record . . . . . . . . . . . . . . . . . . . . . . . . . . . C-25

10-626. Unlawful Disclosure of Personal Records . . . . . . . . . . . . . . . . . . . . . . . . . . C-26

10-627. Criminal Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-26

10-628. Immunity for Certain Disclosures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-26

10-629. Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

10-630. Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-2

Article – State Government

10–611. Definitions

(a) In general

In this Part III of this subtitle thefollowing words have the meanings indicated.

(b) Applicant

“Applicant” means a person orgovernmental unit that asks to inspect a publicrecord.

(c) Custodian

“Custodian” means:

(1) the official custodian; or

(2) any other authorized individualwho has physical custody and control of apublic record.

(d) Official Custodian

“Official custodian” means an officeror employee of the State or of a politicalsubdivision who, whether or not the officer oremployee has physical custody and control ofa public record, is responsible for keeping thepublic record.

(e) Person in Interest

“Person in interest” means:

(1) a person or governmental unit thatis the subject of a public record or a designeeof the person or governmental unit;

(2) if the person has a legal disability,the parent or legal representative of theperson; or

(3) as to requests for correction ofcertificates of death under §5–310(d)(2) of theHealth – General Article, the spouse, adult

child, parent, adult sibling, grandparent, orguardian of the person of the deceased at thetime of the deceased’s death.

(f) Personal Information

(1) Except as otherwise provided inthis Part III, “personal information” meansinformation that identifies an individualincluding an individual’s address, driver’slicense number or any other identificationnumber, medical or disability information,name, photograph or computer generatedimage, Social Security number, or telephonenumber.

(2) “Personal information” does notinclude an individual’s driver’s status, drivingoffenses, 5–digit zip code, or information onvehicular accidents.

(g) Public Record

(1) “Public record” means the originalor any copy of any documentary material that:

(i) is made by a unit orinstrumentality of the State government or ofa political subdivision or received by the unitor instrumentality in connection with thetransaction of public business; and

(ii) is in any form, including:1. a card;2. a computerized record;3. correspondence;4. a drawing;5. film or microfilm;6. a form;7. a map;8. a photograph or photostat;9. a recording; or10. a tape.

(2) “Public record” includes adocument that lists the salary of an employeeof a unit or instrumentality of the Stategovernment or of a political subdivision.

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(3) “Public record” does not include adigital photographic image or signature of anindividual, or the actual stored data thereof,recorded by the Motor VehicleAdministration.

(h) Telephone Solicitation

(1) “Telephone solicitation” means theinitiation of a telephone call to an individualor to the residence or business of an individualfor the purpose of encouraging the purchase orrental of or investment in property, goods, orservices.

(2) “Telephone solicitation” does notinclude a telephone call or message:

(i) to an individual who has givenexpress permission to the person making thetelephone call;

(ii) to an individual with whom theperson has an established businessrelationship; or

(iii) by a tax–exempt, nonprofitorganization.

10–612. Access to Public Records.

(a) In General

All persons are entitled to have accessto information about the affairs of governmentand the official acts of public officials andemployees.

(b) Construction

To carry out the right set forth insubsection (a) of this section, unless anunwarranted invasion of the privacy of aperson in interest would result, this Part III ofthis subtitle shall be construed in favor ofpermitting inspection of a public record, withthe least cost and least delay to the person orgovernmental unit that requests the inspection.

(c) Legislators

This Part III of this subtitle does notpreclude a member of the General Assemblyfrom acquiring the names and addresses ofand statistical information about individualswho are licensed or, as required by a law ofthe State, registered.

10–613. Right of Inspection; Regulations.

(a) Right of Inspection

(1) Except as otherwise provided bylaw, a custodian shall permit a person orgovernmental unit to inspect any public recordat any reasonable time.

(2) Inspection or copying of a publicrecord may be denied only to the extentprovided under this Part III of this subtitle.

(b) Regulations

To protect public records and toprevent unnecessary interference with officialbusiness, each official custodian shall adoptreasonable rules or regulations that, subject tothis Part III of this subtitle, govern timelyproduction and inspection of a public record.

(c) Immediate Access

Each official custodian shall considerwhether to:

(1) designate specific types of publicrecords of the governmental unit that are to bemade available to any applicant immediatelyupon request; and

(2) maintain a current list of the typesof public records that have been designated asavailable to any applicant immediately uponrequest.

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10–614. Application; Processing.

(a) In General

(1) Except as provided in paragraph(2) of this subsection, a person orgovernmental unit that wishes to inspect apublic record shall submit a writtenapplication to the custodian.

(2) A person or governmental unitneed not submit a written application to thecustodian if:

(i) the person or governmentalunit seeks to inspect a public record listed byan official custodian in accordance with§10–613(c)(2) of this subtitle; or

(ii) the custodian waives therequirement for a written application.

(3) If the individual to whom theapplication is submitted is not the custodian ofthe public record, within 10 working daysafter receiving the application, the individualshall give the applicant:

(i) notice of that fact; and(ii) if known:

1. the name of the custodian;and

2. the location or possiblelocation of the public record.

(4) When an applicant requests toinspect a public record and a custodiandetermines that the record does not exist, thecustodian shall notify the applicant of thisdetermination:

(i) if the custodian has reachedthis determination upon initial review of theapplication, immediately; or

(ii) if the custodian has reachedthis determination after a search forpotentially responsive public records,promptly after the search is completed but notto exceed 30 days after receiving theapplication.

(b) Agency Decision

(1) The custodian shall grant or denythe application promptly, but not to exceed 30days after receiving the application.

(2) A custodian who approves theapplication shall produce the public recordimmediately or within the reasonable periodthat is needed to retrieve the public record, butnot to exceed 30 days after receipt of theapplication.

(3) A custodian who denies theapplication shall:

(i) immediately notify theapplicant;

(ii) within 10 working days, givethe applicant a written statement that gives:

1. the reasons for the denial;2. the legal authority for the

denial; and3. notice of the remedies

under this Part III of this subtitle for review ofthe denial; and

(iii) permit inspection of anypart of the record that is subject to inspectionand is reasonably severable.

(4) With the consent of the applicant,any time limit imposed under this subsectionmay be extended for not more than 30 days.

(c) Factors

(1) Except to the extent that the grantof an application is related to the status of theapplicant as a person in interest and except asrequired by other law or regulation, thecustodian may not condition the grant of anapplication on:

(i) the identity of the applicant;(ii) any organizational or other

affiliation of the applicant; or(iii) a disclosure by the

applicant of the purpose for an application.

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(2) This subsection does not precludean official custodian from considering theidentity of the applicant, any organizational orother affiliation of the applicant, or thepurpose for the application if:

(i) the applicant chooses toprovide this information for the custodian toconsider in making a determination under§10–618 of this subtitle;

(ii) the applicant has requested awaiver of fees pursuant to §10–621(e) of thissubtitle; or

(iii) the identity of theapplicant, any organizational or otheraffiliation of the applicant, or the purpose forthe application is material to the determinationof the official custodian in accordance with§10–621(e)(2) of this subtitle.

(3) Consistent with this subsection, anofficial may request the identity of anapplicant for the purpose of contacting theapplicant.

10–615. Required Denials – Other law.

A custodian shall deny inspection of apublic record or any part of a public record if:

(1) by law, the public record isprivileged or confidential; or

(2) the inspection would be contraryto:

(i) a State statute;(ii) a federal statute or a regulation

that is issued under the statute and has theforce of law;

(iii) the rules adopted by theCourt of Appeals; or

(iv)an order of a court of record.

10–616. Required Denials – SpecificRecords.

(a) In general

Unless otherwise provided by law, acustodian shall deny inspection of a publicrecord, as provided in this section.

(b) Adoptions Records

A custodian shall deny inspection ofpublic records that relate to the adoption of anindividual.

(c) Welfare Records

A custodian shall deny inspection ofpublic records that relate to welfare for anindividual.

(d) Letters of Reference

A custodian shall deny inspection of aletter of reference.

(e) Library Records

(1) Subject to the provisions ofparagraph (2) of this subsection, a custodianshall prohibit inspection, use, or disclosure ofa circulation record of a public library or otheritem, collection, or grouping of informationabout an individual that:

(i) is maintained by a library;(ii) contains an individual’s name

or the identifying number, symbol, or otheridentifying particular assigned to theindividual; and

(iii) identifies the use a patronmakes of that library’s materials, services, orfacilities.

(2) A custodian shall permitinspection, use, or disclosure of a circulationrecord of a public library only in connectionwith the library’s ordinary business and only

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-6

for the purposes for which the record wascreated.

(f) Conditional Gifts

A custodian shall deny inspection oflibrary, archival, or museum material given bya person to the extent that the person whomade the gift limits disclosure as a conditionof the gift.

(g) Retirement Records

(1) Subject to paragraphs (2) through(7) of this subsection, a custodian shall denyinspection of a retirement record for anindividual.

(2) A custodian shall permitinspection:

(i) by the person in interest;(ii) by the appointing authority of

the individual;(iii) after the death of the

individual, by a beneficiary, personalrepresentative, or other person who satisfiesthe administrators of the retirement andpension systems that the person has a validclaim to the benefits of the individual; and

(iv)by any law enforcement agencyin order to obtain the home address of aretired employee of the agency when contactwith a retired employee is documented to benecessary for official agency business.

(3) A custodian shall permit inspectionby the employees of a county unit that, bycounty law, is required to audit the retirementrecords for current or former employees of thecounty. However, the information obtainedduring the inspection is confidential, and thecounty unit and its employees may notdisclose any information that would identify aperson in interest.

(4) On request, a custodian shall statewhether the individual receives a retirement orpension allowance.

(5) A custodian shall permit release ofinformation as provided in §21–504 or§21–505 of the State Personnel and PensionsArticle.

(6) On written request, a custodianshall:

(i) disclose the amount of that partof a retirement allowance that is derived fromemployer contributions and that is granted to:

1. a retired elected orappointed official of the State;

2. a retired elected official ofa political subdivision; or

3. a retired appointed officialof a political subdivision who is a member ofa separate system for elected or appointedofficials; or

(ii) disclose the benefit formulaand the variables for calculating the retirementallowance of:

1. a current elected orappointed official of the State;

2. a current elected official ofa political subdivision; or

3. a current appointed officialof a political subdivision who is a member ofa separate system for elected or appointedofficials.

(7) (i) This paragraph applies to AnneArundel County.

(ii) On written request, a custodianof retirement records shall disclose:

1. the total amount of that partof a pension or retirement allowance that isderived from employer contributions and thatis granted to a retired elected or appointedofficial of the county;

2. the total amount of that partof a pension or retirement allowance that isderived from employee contributions and thatis granted to a retired elected or appointedofficial of the county, if the retired elected orappointed official consents to the disclosure;

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3. the benefit formula and thevariables for calculating the retirementallowance of a current elected or appointedofficial of the county; or

4. the amount of the employeecontributions plus interest attributable to acurrent elected or appointed official of thecounty, if the current elected or appointedofficial consents to the disclosure.

(iii) A custodian of retirementrecords shall maintain a list of those elected orappointed officials of the county who haveconsented to the disclosure of informationunder subparagraph (ii)2 or 4 of thisparagraph.

(h) Marketing Legal Services –Restricted Police Records

(1) This subsection applies only topublic records that relate to:

(i) police reports of trafficaccidents;

(ii) criminal charging documentsprior to service on the defendant named in thedocument; and

(iii) traffic citations filed in theMaryland Automated Traffic System.

(2) A custodian shall deny inspectionof a record described in paragraph (1) of thissubsection to any of the following personswho request inspection of records for thepurpose of soliciting or marketing legalservices:

(i) an attorney who is not anattorney of record of a person named in therecord; or

(ii) a person who is employed by,retained by, associated with, or acting onbehalf of an attorney described in thisparagraph.

(i) Personnel Records

(1) Subject to paragraph (2) of thissubsection, a custodian shall deny inspectionof a personnel record of an individual,including an application, performance rating,or scholastic achievement information.

(2) A custodian shall permit inspectionby:

(i) the person in interest; or(ii) an elected or appointed official

who supervises the work of the individual.

(j) Hospital Records

A custodian shall deny inspection of ahospital record that:

(1) relates to:(i) medical administration;(ii) staff;(iii) medical care; or(iv)other medical information; and

(2) contains general or specificinformation about 1 or more individuals.

(k) School Records

(1) Subject to paragraphs (2) and (3)of this subsection, a custodian shall denyinspection of a school district record about thehome address, home phone number,biography, family, physiology, religion,academic achievement, or physical or mentalability of a student.

(2) A custodian shall permit inspectionby:

(i) the person in interest; or(ii) an elected or appointed official

who supervises the student.

(3) (i) A custodian may permitinspection of the home address or home phonenumber of a student of a public school by:

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-8

1. an organization of parents,teachers, students, or former students, or anycombination of those groups, of the school;

2. an organization or force ofthe military;

3. a person engaged by aschool or board of education to confirm ahome address or home phone number;

4. a representative of acommunity college in the State; or

5. the Maryland HigherEducation Commission.

(ii) The Commission or a person,organization, or community college thatobtains information under this paragraph maynot:

1. use this information for acommercial purpose; or

2. disclose this information toanother person, organization, or communitycollege.

(iii) When a custodian permitsinspection under this paragraph, the custodianshall notify the Commission, person,organization, or community college of theprohibitions under subparagraph (ii) of thisparagraph regarding use and disclosure of thisinformation.

(l) Insurance Company Records

Subject to the provisions of §4–310 ofthe Insurance Article, a custodian shall denyinspection of all RBC reports and RBC plansand any other records that relate to thosereports or plans.

(m) Maryland Transportation Authority – Electronic Tool Systems

(1) Subject to the provisions ofparagraph (2) of this subsection, a custodianshall deny inspection of all photographs,videotapes or electronically recorded imagesof vehicles, vehicle movement records,personal financial information, credit reports,or other personal or financial data created,recorded, obtained by or submitted to theMaryland Transportation Authority or its

agents or employees in connection with anyelectronic toll collection system or associatedtransaction system.

(2) A custodian shall permit inspectionof the records enumerated in paragraph (1) ofthis subsection by:

(i) an individual named in therecord;

(ii) the attorney of record of anindividual named in the record;

(iii) employees or agents of theMaryland Transportation Authority in anyinvestigation or proceeding relating to aviolation of speed limitations or to theimposition of or indemnification from liabilityfor failure to pay a toll in connection with anyelectronic toll collection system;

(iv)employees or agents of a thirdparty that has entered into an agreement withthe Maryland Transportation Authority to usean electronic toll collection system for nontollapplications in the collection of revenues dueto the third party; or

(v) employees or agents of anentity in another state operating or havingjurisdiction over a toll facility.

(n) Higher Education InvestmentAccounts

(1) Subject to paragraph (2) of thissubsection, a custodian shall deny inspectionof any record disclosing:

(i) the name of an account holderor qualified beneficiary of a prepaid contractunder Title 18, Subtitle 19 of the EducationArticle; and

(ii) the name of an account holderor qualified designated beneficiary of aninvestment account under Title 18, Subtitle19A of the Education Article.

(2) A custodian:

(i) shall permit inspection by aperson in interest; and

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(ii) may release information to aneligible institution of higher educationdesignated:

1. by an account holder of aprepaid contract or qualified beneficiary underTitle 18, Subtitle 19A of the EducationArticle; or

2. by an account holder orqualified designated beneficiary under Title18, Subtitle 19A of the Education Article.

(o) Traffic Signal Monitoring System

(1) In this subsection, “recordedimages” has the meaning stated in §21–202.1or §21–809 of the Transportation Article.

(2) Except as provided in paragraph(3) of this subsection, a custodian of recordedimages produced by a traffic control signalmonitoring system operated under §21–202.1of the Transportation Article or a speedmonitoring system operated under §21–809 ofthe Transportation Article shall denyinspection of the recorded images.

(3) A custodian shall allow inspectionof recorded images:

(i) as required in §21–202.1 or§21–809 of the Transportation Article;

(ii) by any person issued a citationunder §21–202.1 or §21–809 of theTransportation Article, or an attorney ofrecord for the person; or

(iii) by an employee or agent ofa law enforcement agency in an investigationor proceeding relating to the imposition of orindemnification from civil liability pursuant to§21–202.1 or §21–809 of the TransportationArticle.

(p) Motor Vehicle Administration –Personal Information

(1) Except as provided in paragraphs(2) through (5) of this subsection, a custodianmay not knowingly disclose a public record ofthe Motor Vehicle Administration containing

personal information.

(2) A custodian shall disclose personalinformation when required by federal law.

(3) (i) This paragraph applies only tothe disclosure of personal information for anyuse in response to a request for an individualmotor vehicle record.

(ii) The custodian may not disclosepersonal information without written consentfrom the person in interest.

(iii) 1. At any time the personin interest may withdraw consent to disclosepersonal information by notifying thecustodian.

2. The withdrawal by theperson in interest of consent to disclosepersonal information shall take effect as soonas practicable after it is received by thecustodian.

(4) (i) This paragraph applies only tothe disclosure of personal information forinclusion in lists of information to be used forsurveys, marketing, and solicitations.

(ii) The custodian may not disclosepersonal information for surveys, marketing,and solicitations without written consent fromthe person in interest.

(iii) 1. At any time the personin interest may withdraw consent to disclosepersonal information by notifying thecustodian.

2. The withdrawal by theperson in interest of consent to disclosepersonal information shall take effect as soonas practicable after it is received by thecustodian.

(iv)The custodian may not disclosepersonal information under this paragraph foruse in telephone solicitations.

(v) Personal information disclosedunder this paragraph may be used only forsurveys, marketing, or solicitations and onlyfor a purpose approved by the Motor VehicleAdministration.

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(5) Notwithstanding the provisions ofparagraphs (3) and (4) of this subsection, acustodian shall disclose personal information:

(i) for use by a federal, state, orlocal government, including a lawenforcement agency, or a court in carrying outits functions;

(ii) for use in connection withmatters of:

1. motor vehicle or driversafety;

2. motor vehicle theft;3. motor vehicle emissions;4. motor vehicle product

alterations, recalls, or advisories;5. performance monitoring of

motor vehicle parts and dealers; and6. removal of nonowner

records from the original records of motorvehicle manufacturers;

(iii) for use by a privatedetective agency licensed by the Secretary ofState Police under Title 13 of the BusinessOccupations and Professions Article or asecurity guard service licensed by theSecretary of State Police under Title 19 of theBusiness Occupations and Professions Articlefor a purpose permitted under this paragraph;

(iv) for use in connection with acivil, administrative, arbitral, or criminalproceeding in a federal, state, or local court orregulatory agency for service of process,investigation in anticipation of litigation, andexecution or enforcement of judgments ororders;

(v) for purposes of research orstatistical reporting as approved by the MotorVehicle Administration provided that thepersonal information is not published,redisclosed, or used to contact the individual;

(vi) for use by an insurer, insurancesupport organization, or self–insured entity, orits employees, agents, or contractors, inconnection with rating, underwriting, claimsinvestigating, and antifraud activities;

(vii) for use in the normal courseof business activity by a legitimate businessentity, its agents, employees, or contractors,but only:

1. to verify the accuracy ofpersonal information submitted by theindividual to that entity; and

2. if the informationsubmitted is not accurate, to obtain correctinformation only for the purpose of:

A. preventing fraud by theindividual;

B. pursuing legal remediesagainst the individual; or

C. recovering on a debt orsecurity interest against the individual;

(viii) for use by an employer orinsurer to obtain or verify information relatingto a holder of a commercial driver’s licensethat is required under the Commercial MotorVehicle Safety Act of 1986 (49 U.S.C.A.§2701 et seq.);

(ix) for use in connection with theoperation of a private toll transportationfacility;

(x) for use in providing notice tothe owner of a towed or impounded motorvehicle;

(xi) for use by an applicant whoprovides written consent from the individualto whom the information pertains if theconsent is obtained within the 6–month periodbefore the date of the request for personalinformation;

(xii) for use in any matterrelating to:

1. the operation of a Class B(for hire), Class C (funeral and ambulance), orClass Q (limousine) vehicle; and

2. public safety or thetreatment by the operator of a member of thepublic;

(xiii) for a use specificallyauthorized by the law of this State, if the useis related to the operation of a motor vehicleor public safety;

(xiv) for use by a hospital toobtain, for hospital security purposes,information relating to ownership of vehiclesparked on hospital property; and

(xv) for use by a procurementorganization requesting information under §4-

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512 of the Estates and Trusts Article for thepurposes of organ, tissue, and eye donation.

(6) (i) A person receiving personalinformation under paragraph (4) or (5) of thissubsection may not use or redisclose thepersonal information for a purpose other thanthe purpose for which the custodian disclosedthe personal information.

(ii) A person receiving personalinformation under paragraph (4) or (5) of thissubsection who rediscloses the personalinformation shall:

1. keep a record for 5 years ofthe person to whom the information isredisclosed and the purpose for which theinformation is to be used; and

2. make the record availableto the custodian on request.

(7) (i) The custodian shall adoptregulations to implement and enforce theprovisions of this subsection.

(ii) 1. The custodian shall adoptregulations and procedures for securing aperson in interest’s waiver of privacy rightsunder this subsection when an applicantrequests personal information about theperson in interest that the custodian is notauthorized to disclose under paragraphs (2)through (5) of this subsection.

2. The regulations andprocedures adopted under this subparagraphshall:

A. state the circumstancesunder which the custodian may request awaiver; and

B. conform with the waiverrequirements in the federal Driver’s PrivacyProtection Act of 1994 and other federal law.

(8) The custodian may develop andimplement methods for monitoringcompliance with this section and ensuring thatpersonal information is used only for purposesfor which it is disclosed.

(q) Arrest Warrants

(1) Except as provided in paragraph(4) of this subsection and subject to theprovisions of paragraph (5) of this subsection,unless otherwise ordered by the court, filesand records of the court pertaining to an arrestwarrant issued pursuant to Maryland Rule4–212(d)(1) or (2) and the charging documentupon which the arrest warrant was issued maynot be open to inspection until either:

(i) the arrest warrant has beenserved and a return of service has been filed incompliance with Maryland Rule 4–212(g); or

(ii) 90 days have elapsed since thearrest warrant was issued.

(2) Except as provided in paragraph(4) of this subsection and subject to theprovisions of paragraph (5) of this subsection,unless otherwise ordered by the court, filesand records of the court pertaining to an arrestwarrant issued pursuant to a grand juryindictment or conspiracy investigation and thecharging document upon which the arrestwarrant was issued may not be open toinspection until all arrest warrants for anyco–conspirators have been served and allreturns of service have been filed incompliance with Maryland Rule 4–212(g).

(3) Subject to the provisions ofparagraphs (1) and (2) of this subsection,unless sealed pursuant to Maryland Rule4–201(d), the files and records shall be opento inspection.

(4) (i) Subject to subparagraph (ii) ofthis paragraph, the name, address, birth date,driver’s license number, sex, height, andweight of an individual contained in an arrestwarrant issued pursuant to Maryland Rule4–212(d)(1) or (2) or issued pursuant to agrand jury indictment or conspiracyinvestigation may be released to the MotorVehicle Administration for use by theAdministration for purposes of §13–406.1 or§16–204 of the Transportation Article.

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(ii) Except as provided insubparagraph (i) of this paragraph,information contained in a charging documentthat identifies an individual may not bereleased to the Motor Vehicle Administration.

(5) The provisions of paragraphs (1)and (2) of this subsection may not beconstrued to prohibit:

(i) the release of statisticalinformation concerning unserved arrestwarrants;

(ii) the release of information by aState’s Attorney or peace officer concerningan unserved arrest warrant and the chargingdocument upon which the arrest warrant wasissued; or

(iii) inspection of files andrecords, of a court pertaining to an unservedarrest warrant and the charging documentupon which the arrest warrant was issued, by:

1. a judicial officer;2. any authorized court

personnel;3. a State’s Attorney;4. a peace officer;5. a correctional officer who

is authorized by law to serve an arrest warrant;6. a bail bondsman, surety

insurer, or surety who executes bail bondswho executed a bail bond for the individualwho is subject to arrest under the arrestwarrant;

7. an attorney authorized bythe individual who is subject to arrest underthe arrest warrant;

8. the Department of PublicSafety and Correctional Services or theDepartment of Juvenile Services for thepurpose of notification of a victim under theprovisions of §11–507 of the CriminalProcedure Article; or

9. a federal, State, or localcriminal justice agency described under Title10, Subtitle 2 of the Criminal ProcedureArticle.

(r) M a r y l a n d T r a n s p o r t a t i o nAdministration – Electronic FareSystems

(1) Except as provided in paragraph(2) of this subsection, a custodian shall denyinspection of all records of persons created,generated, obtained by, or submitted to theMaryland Transit Administration, its agents,or employees in connection with the use orpurchase of electronic fare media provided bythe Maryland Transit Administration, itsagents, employees, or contractors.

(2) A custodian shall permit inspectionof the records enumerated in paragraph (1) ofthis subsection by:

(i) an individual named in therecord; or

(ii) the attorney of record of anindividual named in the record.

(s) Department of Natural Resources –Personal Information

(1) Except as provided in paragraph(2) of this subsection, a custodian may notknowingly disclose a public record of theDepartment of Natural Resources containingpersonal information.

(2) Notwithstanding paragraph (1) ofthis subsection, a custodian shall disclosepersonal information for use in the normalcourse of business activity by a financialinstitution, as defined in §1–101(i) of theFinancial Institutions Article, its agents,employees, or contractors, but only:

(i) to verify the accuracy ofpersonal information submitted by theindividual to that financial institution; and

(ii) if the information submitted isnot accurate, to obtain correct informationonly for the purpose of:

1. preventing fraud by theindividual;

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-13

2. pursuing legal remediesagainst the individual; or

3. recovering on a debt orsecurity interest against the individual.

(t) Credit Applications RegardingBiodiesel and Ethanol Production

A custodian shall deny inspection ofan application for renewable energy creditcertification or a claim for renewable energycredits under Title 10, Subtitle 15 of theAgriculture Article.

(u) Surveillance Images

(1) In this subsection, “surveillanceimage” has the meaning stated in §10–112 ofthe Criminal Law Article.

(2) Except as provided in paragraph(3) of this subsection, a custodian of asurveillance image shall deny inspection ofthe surveillance image.

(3) A custodian shall allow inspectionof a surveillance image:

(i) as required in §10–112 of theCriminal Law Article;

(ii) by any person issued a citationunder §10–112 of the Criminal Law Article,or an attorney of record for the person; or

(iii) by an employee or agent ofthe Baltimore City Department of PublicWorks in an investigation or proceedingrelating to the imposition of orindemnification from civil liability under§10–112 of the Criminal Law Article.

10–617. Required Denials – SpecificInformation

(a) In General

Unless otherwise provided by law, acustodian shall deny inspection of a part of apublic record, as provided in this section.

(b) Medical/Psychological Information

(1) In this subsection, “disability” hasthe meaning stated in Article 49B, §20 of theCode.

(2) Subject to paragraph (3) of thissubsection, a custodian shall deny inspectionof the part of a public record that contains:

(i) medical or psychologicalinformation about an individual, other than anautopsy report of a medical examiner;

(ii) personal information about anindividual with a disability or an individualperceived to have a disability; or

(iii) any report on humanimmunodeficiency virus or acquiredimmunodeficiency syndrome submitted inaccordance with Title 18 of the Health-General Article.

(3) A custodian shall permit the personin interest to inspect the public record to theextent permitted under §4–304(a) of theHealth – General Article.

(4) Except for paragraph (2)(iii) of thissubsection, this subsection does not apply to:

(i) a nursing home as defined in§19–1401 of the Health – General Article; or

(ii) an assisted living facility asdefined in §19–1801 of the Health – GeneralArticle.

(c) Sociological Information

If the official custodian has adoptedrules or regulations that define sociologicalinformation for purposes of this subsection, acustodian shall deny inspection of the part ofa public record that contains sociologicalinformation, in accordance with the rules orregulations.

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-14

(d) Confidential Commercial/FinancialInformation

A custodian shall deny inspection ofthe part of a public record that contains any ofthe following information provided by orobtained from any person or governmentalunit:

(1) a trade secret;(2) conf id en t i a l co m m erc ia l

information;(3) confidential financial information;

or(4) confidential geological or

geophysical information.

(e) Public Employees’ Addresses/PhoneNumbers

Subject to §21–504 of the StatePersonnel and Pensions Article, a custodianshall deny inspection of the part of a publicrecord that contains the home address ortelephone number of an employee of a unit orinstrumentality of the State or of a politicalsubdivision unless:

(1) the employee gives permission forthe inspection; or

(2) the unit or instrumentality thatemploys the individual determines thatinspection is needed to protect the publicinterest.

(f) Individual’s Financial Information

(1) This subsection does not apply tothe salary of a public employee.

(2) Subject to paragraph (3) of thissubsection, a custodian shall deny inspectionof the part of a public record that containsinformation about the finances of anindividual, including assets, income,liabilities, net worth, bank balances, financialhistory or activities, or creditworthiness.

(3) A custodian shall permit inspectionby the person in interest.

(g) Information System Security

A custodian shall deny inspection ofthe part of a public record that containsinformation about the security of aninformation system.

(h) Occupational/Professional LicensingRecords

(1) Subject to paragraphs (2) through(4) of this subsection, a custodian shall denyinspection of the part of a public record thatcontains information about the licensing of anindividual in an occupation or profession.

(2) A custodian shall permit inspectionof the part of a public record that gives:

(i) the name of the licensee;

(ii) the business address of thelicensee or, if the business address is notavailable, the home address of the licenseeafter the custodian redacts all information, ifany, that identifies the location as the homeaddress of an individual with a disability asdefined in subsection (b) of this section;

(iii) the business telephonenumber of the licensee;

(iv)t h e educa t io n a l a n doccupational background of the licensee;

(v) the professional qualificationsof the licensee;

(vi)any orders and findings thatresult from formal disciplinary actions; and

(vii) any evidence that has beenprovided to the custodian to meet therequirements of a statute as to financialresponsibility.

(3) A custodian may permit inspectionof other information about a licensee if:

(i) the custodian finds acompelling public purpose; and

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-15

(ii) the rules or regulations of theofficial custodian permit the inspection.

(4) Except as otherwise provided bythis subsection or other law, a custodian shallpermit inspection by the person in interest.

(5) A custodian who sells lists oflicensees shall omit from the lists the name ofany licensee, on written request of thelicensee.

(i) MDOT – Contractor Investigations

A custodian shall deny inspection ofthe part of a public record that containsinformation, generated by the bid analysismanagement system, concerning aninvestigation based on a transportationcontractor’s suspected collusive oranticompetitive activity submitted to theDepartment by:

(1) the United States Department ofTransportation; or

(2) another state.

(j) Notary Publics

(1) Subject to paragraphs (2) through(5) of this subsection, a custodian shall denyinspection of the part of a public record thatcontains information about the application andcommission of a person as a notary public.

(2) A custodian shall permit inspectionof the part of a public record that gives:

(i) the name of the notary public;(ii) the home address of the notary

public;(iii) the home and business

telephone numbers of the notary public;(iv)the issue and expiration dates

of the notary public’s commission;(v) the date the person took the

oath of office as a notary public; or(vi)the signature of the notary

public.

(3) A custodian may permit inspectionof other information about a notary public ifthe custodian finds a compelling publicpurpose.

(4) A custodian may deny inspectionof a record by a notary public or any otherperson in interest only to the extent that theinspection could:

(i) interfere with a valid andproper law enforcement proceeding;

(ii) deprive another person of aright to a fair trial or an impartial adjudication;

(iii) constitute an unwarrantedinvasion of personal privacy;

(iv)disclose the identity of aconfidential source;

(v) disclose an investigativetechnique or procedure;

(vi)prejudice an investigation; or(vii) endanger the life or

physical safety of an individual.

(5) A custodian who sells lists ofnotaries public shall omit from the lists thename of any notary public, on written requestof the notary public.

(k) Social Security Numbers – CertainLicenses

(1) Except as provided in paragraph(2) of this subsection, a custodian shall denyinspection of the part of an application for amarriage license under §2–402 of the FamilyLaw Article or a recreational license underTitle 4 of the Natural Resources Article thatcontains a Social Security number.

(2) A custodian shall permit inspectionof the part of an application described inparagraph (1) of this subsection that containsa Social Security number to:

(i) a person in interest; or(ii) on request, the State Child

Support Enforcement Administration.

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-16

(l) Alarm Systems

(1) Except as provided in paragraph(2) of this subsection, a custodian shall denyinspection of the part of a public record thatidentifies or contains personal informationabout a person, including a commercial entity,that maintains an alarm or security system.

(2) A custodian shall permit inspectionby:

(i) the person in interest;(ii) an alarm or security system

company if the company can document that itcurrently provides alarm or security servicesto the person in interest;

(iii) law enforcement personnel;and

(iv)emergency services personnel,including:

1. a career firefighter;2. an emergency medical

services provider, as defined in §13–516 ofthe Education Article;

3. a rescue squad employee;and

4. a volunteer firefighter,rescue squad member, or advanced lifesupport unit member.

10–618. Discretional Denials

(a) In General

Unless otherwise provided by law, if acustodian believes that inspection of a part ofa public record by the applicant would becontrary to the public interest, the custodianmay deny inspection by the applicant of thatpart, as provided in this section.

(b) I n t r a - a n d I n t e r - A g e n c yMemorandums

A custodian may deny inspection ofany part of an interagency or intra–agencyletter or memorandum that would not be

available by law to a private party in litigationwith the unit.

(c) Examination Records

(1) Subject to paragraph (2) of thissubsection, a custodian may deny inspectionof test questions, scoring keys, and otherexamination information that relates to theadministration of licenses, employment, oracademic matters.

(2) After a written promotionalexamination has been given and graded, acustodian shall permit a person in interest toinspect the examination and the results of theexamination, but may not permit the person ininterest to copy or otherwise to reproduce theexamination.

(d) Research Projects

(1) Subject to paragraph (2) of thissubsection, a custodian may deny inspectionof a public record that contains the specificdetails of a research project that an institutionof the State or of a political subdivision isconducting.

(2) A custodian may not denyinspection of the part of a public record thatgives only the name, title, expenditures, anddate when the final project summary will beavailable.

(e) Real Property Appraisals

(1) Subject to paragraph (2) of thissubsection or other law, until the State or apolitical subdivision acquires title to property,a custodian may deny inspection of a publicrecord that contains a real estate appraisal ofthe property.

(2) A custodian may not denyinspection to the owner of the property.

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-17

(f) Investigatory Records

(1) Subject to paragraph (2) of thissubsection, a custodian may deny inspectionof:

(i) records of investigationsconducted by the Attorney General, a State’sAttorney, a city or county attorney, a policedepartment, or a sheriff;

(ii) an investigatory file compiledfor any other law enforcement, judicial,correctional, or prosecution purpose; or

(iii) records that containintelligence information or security proceduresof the Attorney General, a State’s Attorney, acity or county attorney, a police department, aState or local correctional facility, or a sheriff.

(2) A custodian may deny inspectionby a person in interest only to the extent thatthe inspection would:

(i) interfere with a valid andproper law enforcement proceeding;

(ii) deprive another person of aright to a fair trial or an impartial adjudication;

(iii) constitute an unwarrantedinvasion of personal privacy;

(iv)disclose the identity of aconfidential source;

(v) disclose an investigativetechnique or procedure;

(vi)prejudice an investigation; or(vii) endanger the life or

physical safety of an individual.

(g) Endangered Plants/Animals; Caves

(1) A custodian may deny inspectionof a public record that contains informationconcerning the site–specific location of anendangered or threatened species of plant oranimal, a species of plant or animal in need ofconservation, a cave, or a historic property asdefined in §5A–301 of the State Finance andProcurement Article.

(2) A custodian may not denyinspection of a public record described in

paragraph (1) of this subsection if requestedby:

(i) the owner of the land uponwhich the resource is located; or

(ii) any entity that could take theland through the right of eminent domain.

(h) Institutions of Higher Education –Inventions

(1) Subject to paragraph (2) of thissubsection, a custodian may deny inspectionof that part of a public record that containsinformation disclosing or relating to aninvention owned in whole or in part by a Statepublic institution of higher education for 4years to permit the institution to evaluatewhether to patent or market the invention andpursue economic development and licensingopportunities related to the invention.

(2) A custodian may not denyinspection of a part of a public recorddescribed in paragraph (1) of this subsectionif:

(i) the information disclosing orrelating to an invention has been published ordisseminated by the inventors in the course oftheir academic activities or disclosed in apublished patent;

(ii) the invention referred to in thatpart of the record has been licensed by theinstitution for at least 4 years; or

(iii) 4 years have elapsed fromthe date of the written disclosure of theinvention to the institution.

(i) TEDCO; Institutions of HigherE d u c a t i o n – C o n f i d e n t i a lCommercial Information

A custodian may deny inspectionof that part of a public record that containsinformation disclosing or relating to a tradesecret, confidential commercial information,

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-18

or confidential financial information owned inwhole or in part by:

(1) the Maryland TechnologyDevelopment Corporation; or

(2) a public institution of highereducation, if the information is part of theinstitution’s activities under §15–107 of theEducation Article.

(j) Public Security

(1) Subject to paragraphs (2), (3), and(4) of this subsection, a custodian may denyinspection of:

(i) response procedures or plansprepared to prevent or respond to emergencysituations, the disclosure of which wouldreveal vulnerability assessments, specifictactics, specific emergency procedures, orspecific security procedures;

(ii) 1. building plans, blueprints,schematic drawings, diagrams, operationalmanuals, or other records of airports and othermass transit facilities, bridges, tunnels,emergency response facilities or structures,buildings where hazardous materials arestored, arenas, stadiums, waste and watersystems, and any other building, structure, orfacility, the disclosure of which would revealthe building’s, structure’s or facility’s internallayout, specific location, life, safety, andsupport systems, structural elements,surveillance techniques, alarm or securitysystems or technologies, operational andtransportation plans or protocols, or personneldeployments; or

2. records of any otherbuilding, structure, or facility, the disclosureof which would reveal the building’s,structure’s, or facility’s life, safety, andsupport systems, surveillance techniques,alarm or security systems or technologies,operational and evacuation plans or protocols,or personnel deployments; or

(iii) records prepared to preventor respond to emergency situations identifying

or describing the name, location,pharmaceutical cache, contents, capacity,equipment, physical features, or capabilities ofindividual medical facilities, storage facilities,or laboratories.

(2) The custodian may deny inspectionof a part of a public record under paragraph(1) of this subsection only to the extent thatthe inspection would:

(i) jeopardize the security of anybuilding, structure, or facility;

(ii) facilitate the planning of aterrorist attack; or

(iii) endanger the life orphysical safety of an individual.

(3) (i) Subject to subparagraph (ii) ofthis paragraph, a custodian may not denyinspection of a public record under paragraph(1) or (2) of this subsection that relates to abuilding, structure, or facility that has beensubjected to a catastrophic event, including afire, explosion, or natural disaster.

(ii) This paragraph does not applyto the records of any building, structure, orfacility owned or operated by the State or anyof its political subdivisions.

(4) (i) Subject to paragraphs (1) and(2) of this subsection and subparagraph (ii) ofthis paragraph, a custodian may not denyinspection of a public record that relates to aninspection of or issuance of a citationconcerning a building, structure, or facility byan agency of the State or any politicalsubdivision.

(ii) This paragraph does not applyto the records of any building, structure, orfacility owned or operated by the State or anyof its political subdivisions.

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-19

(k) Maryland Port Administration –Proprietary Information

(1) A custodian may denyinspection of any part of a public record thatcontains:

(i) stevedoring or terminalservices or facility use rates or proposed ratesgenerated, received, or negotiated by theMaryland Port Administration or any privateoperating company created by the MarylandPort Administration;

(ii) a proposal generated, received,or negotiated by the Maryland PortAdministration or any private operatingcompany created by the Maryland PortAdministration for use of stevedoring orterminal services or facilities to increasewaterborne commerce through the ports of theState; or

(iii) except as provided inparagraph (2) of this subsection, research oranalysis related to maritime businesses orvessels compiled for the Maryland PortAdministration or any private operatingcompany created by the Maryland PortAdministration to evaluate its competitiveposition with respect to other ports.

(2) (i) A custodian may not denyinspection of any part of a public record underparagraph (1)(iii) of this subsection by theexclusive representative identified in Section1 of the memorandum of understanding, orany identical section of a successormemorandum, between the State and theAmerican Federation of State, County andMunicipal Employees dated June 28, 2000 orthe memorandum of understanding, or anyidentical section of a successor memorandum,between the State and the MarylandProfessional Employees Council dated August18, 2000 if the part of the public record:

1. is related to Stateemployees; and

2. would otherwise beavailable to the exclusive representative underArticle 4, Section 12 of the memorandum of

understanding or any identical section of asuccessor memorandum of understanding.

(ii) Before the inspection of anypart of a public record under subparagraph (i)of this paragraph, the exclusive representativeshall enter into a nondisclosure agreementwith the Maryland Port Administration toensure the confidentiality of the informationprovided.

(l) University of Maryland UniversityCollege – Proprietary Information

(1) A custodian may deny inspectionof any part of a public record that relates to theUniversity of Maryland University College’scompetitive position with respect to otherproviders of education services and thatcontains:

(i) fees, tuition, charges, and anyinformation supporting fees, tuition, andcharges, proposed, generated, received, ornegotiated for receipt by the University ofMaryland University College, except fees,tuition, and charges published in cataloguesand ordinarily charged to students;

(ii) a proposal generated, received,or negotiated by the University of MarylandUniversity College, other than with itsstudents, for the provision of educationservices; or

(iii) any research, analysis, orplans compiled by or for the University ofMaryland University College relating to itsoperations or proposed operations.

(2) A custodian may not denyinspection of any part of a public record underparagraph (1) of this subsection if:

(i) the record relates to aprocurement by the University of MarylandUniversity College;

(ii) the University of MarylandUniversity College is required to develop ormaintain the record by law or at the direction

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-20

of the Board of Regents of the UniversitySystem of Maryland; or

(iii) 1. the record is requested bythe exclusive representative of any bargainingunit of employees of the University ofMaryland University College;

2. the record relates to amatter that is the subject of collectivebargaining negotiations between the exclusiverepresentative and the University of MarylandUniversity College; and

3. the exclusive representativehas entered into a nondisclosure agreementwith the University of Maryland UniversityCollege to ensure the confidentiality of theinformation provided.

(m) Institutions of Higher Education– Personal Information

(1) (i) In this subsection the followingwords have the meanings indicated.

(ii) “Directory information” has thesame meaning as provided in 20 U.S.C.§1232g.(iii) “Personal information” means:

1. an address;2. a phone number;3. an electronic mail address;

or4. directory information.

(2) A custodian of a record kept by apublic institution of higher education thatcontains personal information relating to astudent, former student, or applicant may:

(i) require that a request to inspecta record containing personal information bemade in writing and sent by first-class mail;and

(ii) if the information is requestedfor commercial purposes, deny inspection ofthe part of the record containing the personalinformation.

10–619. Temporary Daniels

(a) Substantial Inquiry to Public Interest

Whenever this Part III of this subtitleauthorizes inspection of a public record butthe official custodian believes that inspectionwould cause substantial injury to the publicinterest, the official custodian may denyinspection temporarily.

(b) Court Petition

(1) Within 10 working days after thedenial, the official custodian shall petition acourt to order permitting the continued denialof inspection.

(2) The petition shall be filed with thecircuit court for the county where:

(i) the public record is located; or(ii) the principal place of business

of the official custodian is located.

(3) The petition shall be served on theapplicant, as provided in the Maryland Rules.

(c) Right of Applicant

The applicant is entitled to appear andto be heard on the petition.

(d) Court Order

If, after the hearing, the court finds thatinspection of the public record would causesubstantial injury to the public interest, thecourt may pass an appropriate order permittingthe continued denial of inspection.

10–620. Copying.

(a) In General

(1) Except as otherwise provided inthis subsection, an applicant who is authorizedto inspect a public record may have:

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-21

(i) a copy, printout, or photographof the public record; or

(ii) if the custodian does not havefacilities to reproduce the public record,access to the public record to make the copy,printout, or photograph.

(2) An applicant may not have a copyof a judgment until:

(i) the time for appeal expires; or(ii) if an appeal is noted, the appeal

is dismissed or adjudicated.

(b) Process

(1) The copy, printout, or photographshall be made:

(i) while the public record is in thecustody of the custodian; and

(ii) whenever practicable, wherethe public record is kept.

(2) The official custodian may set areasonable time schedule to make copies,printouts, or photographs.

10–621. Fees.

(a) Reasonable Fee Defined

In this section, “reasonable fee” meansa fee bearing a reasonable relationship to therecovery of actual costs incurred by agovernmental unit.

(b) Charges

Subject to the limitations in thissection, the official custodian may charge anapplicant a reasonable fee for the search for,preparation of, and reproduction of a publicrecord.

(c) Search Time

The official custodian may not chargea fee for the first 2 hours that are needed tosearch for a public record and prepare it forinspection.

(d) Copying Charge

(1) If another law sets a fee for a copy,printout, or photograph of a public record, thatlaw applies.

(2) The official custodian otherwisemay charge any reasonable fee for making orsupervising the making of a copy, printout, orphotograph of a public record.

(3) The official custodian may chargefor the cost of providing facilities for thereproduction of the public record if thecustodian did not have the facilities.

(e) Waivers

The official custodian may waive a feeunder this section if:

(1) the applicant asks for a waiver; and

(2) after consideration of the ability ofthe applicant to pay the fee, and other relevantfactors, the official custodian determines thatthe waiver would be in the public interest.

10–622. Administrative Review.

(a) Scope

This section does not apply when theofficial custodian temporarily deniesinspection under §10–619 of this subtitle.

(b) Agencies Subject to APA

If a unit is subject to Subtitle 2 of thistitle, a person or governmental unit may seekadministrative review in accordance with that

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-22

subtitle of a decision of the unit, under thisPart III of this subtitle, to deny inspection ofany part of a public record.

(c) Remedy Need Not Be Exhausted

A person or governmental unit neednot exhaust the remedy under this sectionbefore filing suit.

10–623. Judicial Review.

(a) Complaint

Whenever a person or governmentalunit is denied inspection of a public record,the person or governmental unit may file acomplaint with the circuit court for the countywhere:

(1) the complainant resides or has aprincipal place of business; or

(2) the public record is located.

(b) Defense

(1) Unless, for good cause shown, thecourt otherwise directs and notwithstandingany other provision of law, the defendant shallserve an answer or otherwise plead to thecomplaint within 30 days after service of thecomplaint.

(2) The defendant:

(i) has the burden of sustaining adecision to deny inspection of a public record;and

(ii) in support of the decision, maysubmit a memorandum to the court.

(c) Process

(1) Except for cases that the courtconsiders of greater importance, a proceedingunder this section, including an appeal, shall:

(i) take precedence on the docket;(ii) be heard at the earliest

practicable date; and(iii) be expedited in every way.

(2) The court may examine the publicrecord in camera to determine whether anypart of it may be withheld under this Part III ofthis subtitle.

(3) The court may:

(i) enjoin the State, a politicalsubdivision, or a unit, official, or employee ofthe State or of a political subdivision fromwithholding the public record;

(ii) pass an order for theproduction of the public record that waswithheld from the complainant; and

(iii) for noncompliance with theorder, punish the responsible employee forcontempt.

(d) Damages

(1) A defendant governmental unit isliable to the complainant for actual damagesthat the court considers appropriate if thecourt finds by clear and convincing evidencethat any defendant knowingly and willfullyfailed to disclose or fully to disclose a publicrecord that the complainant was entitled toinspect under this Part III of this subtitle.

(2) An official custodian is liable foractual damages that the court considersappropriate if the court finds that, aftertemporarily denying inspection of a publicrecord, the official custodian failed to petitiona court for an order to continue the denial.

(e) Disciplinary Action

(1) Whenever the court orders theproduction of a public record that waswithheld from the applicant and, in addition,finds that the custodian acted arbitrarily orcapriciously in withholding the public record,the court shall send a certified copy of its

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-23

finding to the appointing authority of thecustodian.

(2) On receipt of the statement of thecourt and after an appropriate investigation,the appointing authority shall take thedisciplinary action that the circumstanceswarrant.

(f) Attorney Fees; Costs

If the court determines that thecomplainant has substantially prevailed, thecourt may assess against a defendantgovernmental unit reasonable counsel fees andother litigation costs that the complainantreasonably incurred.

10–624. Personal Records.

(a) Defined

In this section, “personal record”means a public record that names or, withreasonable certainty, otherwise identifies anindividual by an identifying factor such as:

(1) an address;

(2) a description;

(3) a finger or voice print;

(4) a number; or

(5) a picture.

(b) Restriction on Creating

(1) Personal records may not becreated unless the need for the information hasbeen clearly established by the unit collectingthe records.

(2) Personal information collected forpersonal records:

(i) shall be appropriate andrelevant to the purposes for which it iscollected;

(ii) shall be accurate and current tothe greatest extent practicable; and

(iii) may not be obtained byfraudulent means.

(c) State Agencies – Collection

(1) This subsection only applies tounits of State government.

(2) Except as otherwise provided bylaw, an official custodian who keeps personalrecords shall, to the greatest extentpracticable, collect personal information fromthe person in interest.

(3) An official custodian who requestspersonal information for personal recordsshall provide the following information toeach person in interest from whom personalinformation is collected:

(i) the purpose for which thepersonal information is collected;

(ii) any specific consequences tothe person for refusal to provide the personalinformation;

(iii) the person’s right toinspect, amend, or correct personal records, ifany;

(iv)whether the personalinformation is generally available for publicinspection; and

(v) whether the personalinformation is made available or transferred toor shared with any entity other than theofficial custodian.

(4) Each unit of State governmentshall post its privacy policies with regard tothe collection of personal information,including the policies specified in thissubsection, on its Internet website.

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-24

(5) The following personal recordsshall be exempt from the requirements of thissubsection:

(i) information pertaining to theenforcement of criminal laws or theadministration of the penal system;

(ii) information contained ininvestigative materials kept for the purpose ofinvestigating a specific violation of State lawand maintained by a State agency whoseprincipal function may be other than lawenforcement;

(iii) information contained inpublic records which are accepted by the StateArchivist for deposit in the Maryland Hall ofRecords;

(iv)information gathered as part offormal research projects previously reviewedand approved by federally mandatedinstitutional review boards; and

(v) any other personal recordsexempted by regulations adopted by theSecretary of Budget and Management, basedon the recommendation of the Secretary ofInformation Technology.

(6) If the Secretary of Budget andManagement adopts regulations underparagraph (5)(v) of this subsection, theSecretary shall, in accordance with §2–1246of this article, report to the General Assemblyon the personal records exempted from therequirements of this subsection.

(d) Annual Report

(1) This subsection does not apply to:

(i) a unit in the Legislative Branchof the State government;

(ii) a unit in the Judicial Branch ofthe State government; or

(iii) a board of licensecommissioners.

(2) If a unit or instrumentality of theState government keeps personal records, theunit or instrumentality shall submit an annual

report to the Secretary of General Services, asprovided in this subsection.

(3) An annual report shall state:

(i) the name of the unit orinstrumentality;

(ii) for each set of the personalrecords:

1. the name;2. the location; and3. if a subunit keeps the set,

the name of the subunit;(iii) for each set of personal

records that has not been previously reported:1. the category of individuals

to whom the set applies;2. a brief description of the

types of information that the set contains;3. the major uses and

purposes of the information;4. by category, the source of

information for the set; and5. the policies and procedures

of the unit or instrumentality as to access andchallenges to the personal record by theperson in interest and storage, retrieval,retention, disposal, and security, includingcontrols on access; and

(iv)for each set of personal recordsthat has been disposed of or changedsignificantly since the unit or instrumentalitylast submitted a report, the informationrequired under item (iii) of this paragraph.

(4) A unit or instrumentality that has 2or more sets of personal records may combinethe personal records in the report only if thecharacter of the personal records is highlysimilar.

(5) The Secretary of General Servicesshall adopt regulations that govern the formand method of reporting under this subsection.

(6) The annual report shall beavailable for public inspection.

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-25

(e) Research Projects

The official custodian may permitinspection of personal records for whichinspection otherwise is not authorized by aperson who is engaged in a research project if:

(1) the researcher submits to theofficial custodian a written request that:

(i) describes the purpose of theresearch project;

(ii) describes the intent, if any, topublish the findings;

(iii) describes the nature of therequested personal records;

(iv)describes the safeguards thatthe researcher would take to protect theidentity of the persons in interest; and

(v) states that persons in interestwill not be contacted unless the officialcustodian approves and monitors the contact;

(2) the official custodian is satisfiedthat the proposed safeguards will prevent thedisclosure of the identity of persons ininterest; and

(3) the researcher makes an agreementwith the unit or instrumentality that:

(i) defines the scope of theresearch project;

(ii) sets out the safeguards forprotecting the identity of the persons ininterest; and

(iii) states that a breach of anycondition of the agreement is a breach ofcontract.

10–625. Requests for Correction ofPublic Record.

(a) In General

A person in interest may request a unitof the State government to correct inaccurate

or incomplete information in a public recordthat:

(1) the unit keeps; and(2) the person in interest is authorized

to inspect.

(b) Request

A request under this section shall:

(1) be in writing;

(2) describe the requested changeprecisely; and

(3) state the reasons for the change.

(c) Agency Action

(1) Within 30 days after receiving arequest under this section, a unit shall:

(i) make or refuse to make therequested change; and

(ii) give the person in interestwritten notice of the action taken.

(2) A notice of refusal shall containthe unit’s reasons for the refusal.

(d) Right to File Statement

(1) If the unit finally refuses a requestunder this section, the person in interest maysubmit to the unit a concise statement that, in5 pages or less, states the reasons for therequest and for disagreement with the refusal.

(2) Whenever the unit provides thedisputed information to a third party, the unitshall provide to that party a copy of thestatement submitted to the unit by the personin interest.

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-26

(e) Administrative/Judicial Review

If a unit is subject to Subtitle 2 of thistitle, a person or governmental unit may seekadministrative and judicial review inaccordance with that subtitle of:

(1) a decision of the unit to deny:

(i) a request to change a publicrecord; or

(ii) a right to submit a statement ofdisagreement; or

(2) the failure of the unit to providethe statement to a third party.

10–626. Unlawful Disclosure of PersonalRecords.

(a) In General

A person, including an officer oremployee of a governmental unit, is liable toan individual for actual damages that the courtconsiders appropriate if the court finds byclear and convincing evidence that:

(1) (i) the person willfully andknowingly permits inspection or use of apublic record in violation of this Part III ofthis subtitle; and

(ii) the public record names or,with reasonable certainty, otherwise identifiesthe individual by an identifying factor such as:

1. an address;2. a description;3. a finger or voice print;4. a number; or5. a picture; or

(2) the person willfully and knowinglyobtains, discloses, or uses personalinformation in violation of §10–616(p) of thissubtitle.

(b) Attorney Fees; Costs

If the court determines that thecomplainant has substantially prevailed, thecourt may assess against a defendantreasonable counsel fees and other litigationcosts that the complainant reasonablyincurred.

10–627. Criminal Violations.

(a) In General

A person may not:

(1) willfully or knowingly violate anyprovision of this Part III of this subtitle;

(2) fail to petition a court aftertemporarily denying inspection of a publicrecord; or

(3) by false pretenses, bribery, or theft,gain access to or obtain a copy of a personalrecord whose disclosure to the person isprohibited by this Part III of this subtitle.

(b) Penalty

A person who violates any provisionof this section is guilty of a misdemeanor andon conviction is subject to a fine notexceeding $1,000.

10–628. Immunity for Certa inDisclsoures.

A custodian is not civilly or criminallyliable for transferring or disclosing thecontents of a public record to the AttorneyGeneral under §5–313 of the State Personneland Pensions Article.

Maryland Public Information Act Manual (11th ed., October 2008 ) Appendix C-27

10.629. Reserved.

10–630. Short Title.

This Part III of this subtitle may be cited asthe Public Information Act.