§ 44-04-18.10 — Disclosure of public records

North Dakota § 44-04-18.10

• Jurisdiction: North Dakota
• Title 44: Offices and Officers
• Ch. 44-04: Duties, Records, and Meetings

Text

1. A public entity may not deny a request for an open record on the ground that the
record also contains confidential or closed information.
2. Subject to subsection 3 of section 44-04-18, if confidential or closed information is
contained in an open record, a public entity shall permit inspection and receipt of
copies of the information contained in the record that is not confidential or closed, but
shall delete, excise, or otherwise withhold the confidential or closed information.
3. An officer or employee of a public entity may disclose or comment on the substance of
an open record. Any agreement prohibiting the disclosure or comment is void and
against public policy.
4. Unless otherwise prohibited by federal law, records of a public entity which are
otherwise closed or confidential may be disclosed to any public entity or federal
agency for the purpose of law enforcement or collection of debts owed to a public
entity, provided that the records are not used for other purposes and the closed or
confidential nature of the records is otherwise maintained. For the purpose of this
subsection, "public entity" is limited to those entities defined in subdivision a or b of
subsection 13 of section 44-04-17.1.
5. Confidential records that are authorized by law to be disclosed to another entity
continue to be confidential in the possession of the receiving entity, except as
otherwise provided by law.
6. Records confidential or exempt under subsection 7 of section 44-04-18.4 and which
are required to be disclosed to another entity for emergency or disaster prevention,
protection, mitigation, response, and recovery or for cybersecurity planning, mitigation,
or threat remain confidential or exempt after the required disclosure.