§ 2-6-1003 — Access To Public Information -- Safety And Security Exceptions -- Additional Exceptions

2-6-1003 . Access to public information -- safety and security exceptions -- additional exceptions. (1) Except as provided in subsections (2) through (4), every person has a right to examine and obtain a copy of any public information of this state.
(2) A public officer may withhold from public scrutiny information relating to individual or public safety or the security of public facilities, including public schools, jails, correctional facilities, private correctional facilities, and prisons, if release of the information jeopardizes the safety of facility personnel, the public, students in a public school, or inmates of a facility. A public officer may not withhold from public scrutiny any more information than is required to protect individual or public safety or the security of public facilities.
(3) The Montana historical society may honor restrictions imposed by private record donors as long as the restrictions do not apply to public information. All restrictions must expire no later than 50 years from the date the private record was received. On the expiration of the restriction, the private records must be made accessible to the public.
(4) Except as provided in 87-1-213 , the department of fish, wildlife, and parks, and any party with whom the department has shared the information under a data-sharing agreement pursuant to 87-1-213 , may not release wildlife location data or telemetry frequencies of hunted or trapped animals.
(5) A public agency may not refuse to disclose public information because the requested public information is part of litigation or may be part of litigation unless the information is protected from disclosure under another applicable law.

Legislative History

En. Sec. 3, Ch. 348, L. 2015; amd. Sec. 1, Ch. 775, L. 2023; amd. Sec. 2, Ch. 433, L. 2025.