(1) Except as provided in subsections (2) and (3), the records the office maintains
in its possession in the administration of this part are open to public inspection
(2) Confidential criminal justice information obtained by the office is subject to
the confidentiality provisions of the Montana Criminal Justice Information Act of
1979, Title 44, chapter 5.
(3) In assuring that the right of individual privacy so essential to the well-being
of a free society may not be infringed without the showing of a compelling state interest,
the following public records of the office are exempt from disclosure:
(a) information of a personal nature, such as personal, medical, or similar information,
if the public disclosure of the information would constitute an unreasonable invasion
of privacy, unless the public interest by clear and convincing evidence requires disclosure
in the particular instance. The party seeking disclosure has the burden of showing that public disclosure would
not constitute an unreasonable invasion of privacy.
(b) any public records or information, the disclosure of which is prohibited by federal
law or regulations.
(4) If any public record of the office contains material that is not exempt under
subsection (3), as well as material that is exempt from disclosure, the office shall
separate the exempt and nonexempt and make the nonexempt material available for examination.
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