An Act Concerning the Protection of Personal Information in Communications with Elected Officials
Sec. 1. 1 MRSA §402, sub-§3, ¶C-1 is enacted to read:
(1) Is of a personal nature, consisting of:
(a) An individual's medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
(b) Credit or financial information;
(c) Information pertaining to the personal history, general character or conduct of the constituent or any member of the constituent's immediate family;
(d) Complaints, charges of misconduct, replies to complaints or charges of misconduct or memoranda or other materials pertaining to disciplinary action; or
(e) An individual's social security number; or
(2) Would be confidential if it were in the possession of another public agency or official;
summary
This bill consists of the recommendations of the majority of the members of the legislative subcommittee of the Right to Know Advisory Committee in response to Resolve 2009, chapter 184.
This bill amends the definition of "public record" in the freedom of access laws to provide that certain information in communications between constituents and elected officials is not a public record. Specifically, information is not a public record if the information would be confidential if it were in the possession of another public agency or official or if the information is of a personal nature. Information of a personal nature consists of:
1. An individual's medical information of any kind, including information pertaining to diagnosis or treatment of mental or emotional disorders;
2. Credit or financial information;
3. Information pertaining to the personal history, general character or conduct of the constituent or any member of the constituent's immediate family;
4. Complaints, charges of misconduct, replies to complaints or charges of misconduct or memoranda or other materials pertaining to disciplinary action; or
5. An individual's social security number.