Executive agency disclosure of closed records, purpose, procedure
Some government records are kept private (closed). This law says that a Missouri executive agency — like a state department or board — can share those private records with another executive agency, but only if the other agency needs the information to do its official government job, or if another law requires it. The agency sharing the records can ask the other agency to put in writing why they need it, who will see it, and a promise that it will only be used for official work. Anyone who gets or shares these private records has to follow the rules about keeping them secret, and can be punished if they misuse the information.
610.032. disclosure of , purpose, procedure — executive agency defined. — 1. If an executive agency's records are closed by law, it may not disclose any contained in such closed records in any form that would allow identification of individual persons or entities unless:
(1) Disclosure of such information is made to a person in that person's official capacity representing an executive agency and the disclosure is necessary for the requesting executive agency to perform its ; or
(2) Disclosure is otherwise required by law.
2. to the contrary, including, but not limited to, section 32.057, such closed information may be disclosed this section; however, the providing executive agency may request, as a condition of disclosing such information, that the requesting executive agency submit:
(1) The constitutional or statutory duties necessitating the disclosure of such information;
(2) The name and official capacity of the person or persons to whom such information will be disclosed;
(3) An that such information will be used only in furtherance of such constitutional or statutory duties; and
(4) The date upon which the access is requested to begin, when the request is for .
3. Any executive agency receiving such a request for closed information shall keep the request on file and shall only such information to the person or persons listed on such request. If the request is for continuous access to such information, the executive agency shall honor the request for a period of one year from the beginning date indicated on such request. If the requesting executive agency requests such information for more than one year, the agency shall provide an updated request for closed information to the providing executive agency upon expiration of the initial request.
4. Any person receiving or releasing closed information pursuant to this section shall be subject to any laws, regulations or standards of the providing executive agency regarding the or misuse of such information and shall be subject to any penalties provided by such laws, regulations or standards for the violation of the confidentiality or misuse of such information.
5. For the purposes of this section, "executive agency" means any created by the Constitution or statutes of this state under the , including any , agency, , bureau, council, , committee, board of regents or of any institution of higher learning supported in whole or in part by state funds, any of an executive agency, and any legally of such .
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Source & history notes
(L. 1994 S.B. 685) Effective 5-10-94
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