§ 44:42 — Immunity from suit for invasion of privacy

§42. Immunity from suit for invasion of privacy
A. Any custodian who releases records in response to a public records request made
pursuant to this Chapter shall be immune from any lawsuit for invasion of privacy alleged
to be caused by the release of public records, provided the custodian acts on advice of
counsel.
B. This Section shall not apply if the release of the records is proven to be arbitrary
and capricious.
C. A custodian who claims the immunity provided by this Section shall be entitled
to a presumption that his conduct was not arbitrary and capricious upon presenting a prima
facie case of his reliance on advice of counsel.
D. For purposes of this Section, "advice of counsel" means a determination by the
custodian's selected attorney, or if the custodian is an attorney, upon the custodian's own
diligent determination in his capacity as attorney.

Legislative History

Acts 2022, No. 684, §1.