New and Amended Exceptions
to the
Tennessee Public Records Act
Appendix D
August 2021
Appendix D: New and Amended Exceptions to the Tennessee Public Records Act
Statutory Exemptions to the Tennessee Public Records Act — August 2020
Page 1
Source
Effective/Sunset Date
Subject Matter
Description
Exceptions To Exception
4-61-105(a)
July 1, 2021
Disability claims
Records obtained pursuant to this chapter must be treated as confidential
investigative records of the division and must not be open to public inspection.
10-7-503(d)
May 4, 2021
Records of nonprofits and
associations
(2)The records of an organization are confidential and are not open for inspection
under subsection (a) if the organization complies with the following requirements:
(A) The comptroller of the treasury or the comptroller's designee audits the
organization annually;
(B) The cost of the audit is paid by the organization;
(C) Each audit is completed as soon as practicable after the end of the fiscal year of
the organization; and
(D) In addition to other information required by the comptroller of the treasury, each
audit contains:
(i) A listing, by name of the recipient, of all compensation, fees, or other
remuneration paid by the organization, or any other organization during the audit
year to, or accrued on behalf of, the organization's directors and officers;
(ii) A listing, by name of recipient, of all compensation and any other remuneration
paid by the organization during the audit year to, or accrued on behalf of, an
employee of the organization who receives more than twenty-five thousand dollars
($25,000) in remuneration for such year;
(iii) A listing, by name of beneficiary, of deferred compensation, salary continuation,
retirement, or other fringe benefit plan or program (excluding qualified health and
life insurance plans available to all employees of the organization on a
nondiscriminatory basis) established or maintained by the organization for the
benefit of any of the organization's directors, officers, or employees, and the
amount of any funds paid or accrued to such plan or program during the audit year;
and
(iv) A listing, by name of recipient, of all fees paid by the organization during the
audit year to a contractor, professional advisor, or other personal services provider,
which exceed two thousand five hundred dollars ($2,500) for such year. Such listing
must also include a statement as to the general effect of each contract and must
include each specific amount paid or payable thereunder.
(3) An audit conducted under subdivision (d)(2) must be made available for public
inspection and copies of such audit must be made available to the press.
(4) The records of the following organizations are confidential and not subject to this
subsection (d):
(A) An organization that employs less than three (3) full-time staff members; and
(B) An organization that was exempt from federal income taxation under § 501(c)(3)
of the Internal Revenue Code, codified in 26 U.S.C. § 501(c)(3), as of January 1,
1998, and which makes available to the public its federal return of organization
exempt from income tax (Form 990) in accordance with the Internal Revenue Code
and related regulations.
10-7-504(a)(4)(H)
May 11, 2021
Juveniles
A record of a minor student attending an institution of secondary or elementary
education that is created by a school resource or other law enforcement officer, or
that is maintained by a law enforcement agency as the result of an incident
involving the minor that occurred on school property and did not result in a charge
of delinquency is confidential and not open to public inspection
unless:
(i) The person requesting the information obtains consent from the minor's parent
or guardian;
(ii) The request is made subject to a court order; or
(iii) A law enforcement officer of another jurisdiction requests the record when
necessary for the discharge of the law enforcement officer's official duties.
10-7-504(a)(31)
May 26, 2021
Accident reports
(A) Except as provided in subdivisions (a)(31)(B)-(D), personally identifying
information of any person named in any motor vehicle accident report is confidential
and not open for public inspection.
(B) Notwithstanding subdivision (a)(31)(A) and upon written request, a motor vehicle
accident report containing personal identifying information of persons involved in the
accident may be given to:
(i) Any person named in the motor vehicle accident report;
(ii) An agent, legal representative, or attorney of any person or property owner
named in the motor vehicle accident report, with certification of permission from the
person the agent, legal representative, or attorney represents;
(iii) The owner of any real property listed in the report; or
(iv) Any person or entity authorized to obtain motor vehicle records information
Appendix D: New and Amended Exceptions to the Tennessee Public Records Act
Statutory Exemptions to the Tennessee Public Records Act — August 2020
Page 2
pursuant to § 55-25-107(b)(1), (b)(6), or (b)(9).
(C) Notwithstanding subdivision (a)(31)(A), any federal, state, or local governmental
agency, or any private person or entity acting on behalf of a federal, state, or local
governmental agency, may use personally identifying information in carrying out the
agency's functions.
(D) Nothing in this subdivision (a)(31) prevents a law enforcement entity from
releasing information about traffic accidents to the public, including the name, age,
and county or city of residence of a person involved in an accident, when the law
enforcement entity determines such release is in the best interest of the agency and
for the public good.
10-7-504(a)(32)
April 22, 2021
Automatic license plate
reader data
Captured plate data from automatic license plate reader systems must be treated as
confidential and shall not be open for inspection by members of the public.
10-7-504(f)
April 28, 2021
Federal law enforcement
officer personal information
(1) The following records or information of any state, county, municipal or other public
employee or former employee, or applicant to such position, of any law enforcement
officer commissioned pursuant to § 49-7-118, or of any federal law enforcement agent
or officer conducting an operation in this state, in the possession of a governmental
entity or any person in its capacity as an employer shall be treated as confidential and
shall not be open for inspection by members of the public:
(A) Home telephone and personal cell phone numbers;
(B) Bank account and individual health savings account, retirement account and
pension account information; provided, that nothing shall limit access to financial
records of a governmental employer that show the amounts and sources of
contributions to the accounts or the amount of pension or retirement benefits provided
to the employee or former employee by the governmental employer;
(C) Social security number;
(D)(i) Residential information, including the street address, city, state and zip code, for
any state employee; and
(ii) Residential street address for any county, municipal or other public employee;
(E) Driver license information except where driving or operating a vehicle is part of the
employee's job description or job duties or incidental to the performance of the
employee's job;
(F) The information listed in subdivisions (f)(1)(A)-(E) of immediate family members,
whether or not the immediate family member resides with the employee, or household
members;
(G) Emergency contact information, except for that information open to public
inspection in accordance with subdivision (f)(1)(D)(ii); and
(H) Personal, nongovernment issued, email address.
(3) Nothing in this subsection (f) shall be construed to limit access to these records
by law enforcement agencies, courts, or other governmental agencies performing
official functions.
(4) Nothing in this subsection (f) shall be construed to close any personnel records of
public officers which are currently open under state law.
(5) Nothing in this subsection (f) shall be construed to limit access to information
made confidential under this subsection (f), when the employee expressly authorizes
the release of such information.
10-7-504(aa)
May 4, 2021
Personal information related
to property alert services
The name, mailing address, physical address, phone number, email address, social
security number, or any other personally identifying information provided by an
individual, whether or not the individual is a citizen of this state, as part of the
individual's use of, or participation in, a government-sponsored or -supported property
alert service or program, is not a public record and is not open for public inspection. As
used in this subsection (aa), “property alert service or program” refers to an online
service that electronically alerts participants when a document is filed and indexed in
the register of deed's office that references the participant's name or address.
10-7-504(bb)
May 26, 2021
Identifying information of
arrestees
Except as provided in subdivision (a)(31), personal identifying information compiled by
and in the possession of municipal and county law enforcement agencies and detention
facilities concerning any person who has been arrested or charged, but not convicted,
of any offense is confidential;
This subsection (bb) does not make confidential the street address of a reported
crime. This subsection (bb) does not apply to any person who is arrested or charged
for a parole or probation violation during the term of a suspended or deferred
sentence.
(2) This subsection (bb) does not prohibit the disclosure of personal information that
is used to populate and maintain the statewide automated victim information and
notification system, created by title 40, chapter 38, part 5.
(3) As used in this subsection, “personal identifying information” means the home
street address, excluding the name of the city or the zip code. “Personal identifying
information” also means the personal telephone number and social security number
of the person.
(4) This subsection (bb) does not apply to a consumer reporting agency when
compiling a consumer report, as defined by 15 U.S.C. § 1681a.
10-7-504(cc)
July 1, 2021
Photographs of minors
(1) Photographic evidence of a fatal motor vehicle accident that depicts a deceased
minor victim at the scene of the accident shall be treated as confidential and shall not
be open for inspection by members of the public.
(2) The custodial parent or legal guardian of the deceased minor victim whose
photograph is made confidential pursuant to subdivision (cc)(1) may waive
confidentiality and allow the minor victim's photograph to be used and obtained in the
same manner as other public records.
(3) This subsection (cc) does not:
Appendix D: New and Amended Exceptions to the Tennessee Public Records Act
Statutory Exemptions to the Tennessee Public Records Act — August 2020
Page 3
(A) Restrict the application of Rule 16 of the Tennessee Rules of Criminal
Procedure in any court or the disclosure of information required of counsel by the
state or federal constitution;
(B) Limit or deny access to otherwise public information because a file, document, or
data file contains a photograph made confidential by subdivision (cc)(1); provided,
that the photograph must be removed before any access is granted to a member of
the public; or
(C) Limit access to records by law enforcement agencies, courts, or other
governmental agencies engaged in investigating or prosecuting a criminal offense.
24-1-204(b)
July 1, 2021
Critical incident stress
management
communications
(b) All communications between a team member or team leader providing, and a group
participant or person participating in, a crisis intervention shall be considered
confidential and no such person shall be required to disclose any such communication
unless otherwise required by law or rule of court.
34-3-105(f)
May 4, 2021
Conservatorship
examinations
Reports and documents prepared under this section are confidential and are not open
for inspection by the public.
However, this section does not:
(1) Limit the respondent or the respondent's agent or attorney from having access to
any such reports or documents about the respondent; or
(2) Prohibit an investigative body from accessing any such reports or documents as
authorized or required by law.
35-15-113
January 1, 2022
Trusts
(d)The registration is confidential and not subject to public inspection under title 10,
chapter 7, part 5.
(e) Notwithstanding subsection (d), the settlor, a trustee, trust advisor, or trust
protector for the trust may obtain a certified copy of the registration upon filing a
request with the secretary of state that includes a signed attestation that they are the
settlor or a currently serving trustee, trust advisor, or trust protector, and paying a
filing fee of one hundred dollars ($100) payable to the secretary of state. If the
requesting person is not listed in the initial registration, such as in the case of a newly
appointed trustee, trust advisor, or trust protector, then the requesting party must
provide documentation evidencing the requesting party's appointment.
37-1-187(f)
July 1, 2021
Juvenile delinquent
identifying information
Identifying information received by the administrative office of the courts is confidential;
must not be published, released, or otherwise disseminated; and must be maintained in
accordance with state and federal laws and regulations regarding confidentiality. The
administrative office of the courts may make such data available to properly concerned
agencies and individuals, or to any person upon request, but any such publication or
release of data must be limited to nonidentifying information. The administrative office
of the courts shall develop guidelines and procedures to expunge identifying
information collected on juveniles; provided, that such expunction may occur only after
the juvenile reaches the age that is beyond jurisdiction of the juvenile court.
38-6-128(e)
July 1, 2021
Sexual assault tracking
system
Records and information contained in the tracking system pursuant to this section are
confidential and not a public record.
39-13-612
October 1, 2021
Personally identifying
information
(c) Notwithstanding any law to the contrary, and subject to subsections (e), (g), and (h),
a public agency shall not: (1) Release, publicize, or otherwise publicly disclose personal
information in possession of that public agency; and (2) Require an entity exempt from
federal income tax under § 501 (c) of the Internal Revenue Code to provide the names
or other personal information of persons who have provided financial or nonfinancial
support to the exempt entity.
(d) A public agency may share personal information with a federal agency as
required by federal law. However, personal information shared pursuant to this
subsection (d) is otherwise subject to the requirements of subsection (c) and is not a
public record pursuant to title 10, chapter 7.
(e) This section does not preclude:
(1) A report or disclosure required by title 2, chapter 10;
(2) A report or disclosure required by title 3, chapter 6;
(3) The disclosure of personal information amongst law enforcement agencies
pursuant to an active investigation;
(4) A lawful warrant for personal information issued by a court of competent
jurisdiction;
(5) A lawful request for discovery of personal information in litigation if the following
conditions are met:
(A) The requester demonstrates a compelling need for the personal information by
clear and convincing evidence; and
(B) The requester obtains a protective order barring disclosure of the personal
information to any person not named in the litigation;
(6) Admission of personal information as relevant evidence before a court of
competent jurisdiction. However, the court shall issue a protective order barring
disclosure of the personal information to any person not named in the litigation;
(7) A state agency from requesting or disclosing personal information as required by
federal or state law;
(8) A lawful request for discovery of personal information in litigation to demonstrate
that a party has standing to bring or appeal any action; or
(9) The enforcement of title 48, chapter 101, part 5, by the appropriate state officials.
(g) The comptroller of the treasury or the comptroller's designated representative
shall have access to personal information for purposes of audit or investigation, but
Appendix D: New and Amended Exceptions to the Tennessee Public Records Act
Statutory Exemptions to the Tennessee Public Records Act — August 2020
Page 4
that personal information is otherwise subject to the requirements of subsection (c)
and is not a public record pursuant to title 10, chapter 7.
(h) A state agency or the agency's designated representative shall have access to
personal information for purposes of conducting an audit, monitoring, verifying
eligibility for benefits, conducting a background check, or conducting an investigation,
but that personal information is otherwise subject to the requirements of subsection
(c) and is not a public record pursuant to title 10, chapter 7.
(i) An institution of higher education is not subject to this section.
(j) This section does not apply to a national securities association that is registered
pursuant to Section 15A of the Securities Exchange Act of 1934 (15 U.S.C. § 78o-3),
as amended, or regulations adopted under the Act, or any information such national
securities association provides to the commissioner of commerce and insurance
pursuant to title 48, chapter 1, and rules promulgated pursuant to that chapter.
39-15-219(s)
July 1, 2021
Aborted fetal remains
(1) A completed form described in subdivision (m)(1) is confidential and is not a public
record open for inspection.
(2) The physician that performs the abortion shall retain completed forms described in
subdivision (m)(1) in the pregnant woman's medical record as a record of the
disposition of the fetal remains and shall report the disposition of the fetal remains to
the commissioner of health, as required under § 39–15–203.
39-17-1367(d)
July 1, 2021
Firearm information
(2) Firearm information contained in documents pursuant to subdivision (d)(1) must be
redacted by the record holder prior to any release under § 10-7- 503.
40-32-101(g)(4)
July 1, 2021
Expungement evidence
(B) The district attorney general may file evidence relating to the petition under seal for
review by the court. Evidence filed under seal by the district attorney general is
confidential and is not a public record.
40-38-602(f)
April 13, 2021
Victim addresses
Except as otherwise provided in this part, a program participant's confidential address,
and any other information contained within a program participant's file, maintained by a
state or local government agency, or disclosed by the secretary of state under this part,
is not a public record.
This subsection (f) shall not apply:
(1) To any public record created more than thirty (30) days prior to the date that the
program participant applied to be certified in the program; or
(2) If a program participant voluntarily requests that a state or local government
agency use the participant's confidential address or voluntarily gives the confidential
address to the state or local government agency, except voter registration records
and absentee ballot requests shall be confidential for purposes of this part.
53-10-306(a)(6)
April 13, 2021
Controlled substance
database
(a) Information sent to, contained in, and reported from the database in any format is
confidential and not subject to title 10, chapter 7, regarding public records, and not
subject to subpoena from any court and shall be made available only as provided for in
§ 53-10-308 and to the following persons in accordance with the limitations stated and
rules promulgated pursuant to this part, or as otherwise provided for in § 53-10-311:
(6) The state chief medical examiner, a deputy or assistant state medical examiner
appointed pursuant to § 38-7-103, a county medical examiner or deputy county
medical examiner appointed pursuant to § 38-7-104, or a forensic pathologist under
the control or direction of the chief medical examiner or a county medical examiner
when acting in an official capacity as established in § 38-7-109; provided, that any
access to information from the database is subject to the confidentiality provisions of
this part, except where information obtained from the database is appropriately
included in any official report under § 38-7-110(c).
55-10-115(d)
July 1, 2021
Fatal accident reports
(3) A crash report that is subject to an ongoing investigation or court order requiring the
information be kept confidential shall not be released under this subsection (d).
(4) The federal Driver Privacy Protection Act (18 U.S.C. §§ 2721-2725), the Uniform
Motor Vehicle Records Disclosure Act, compiled in chapter 25 of this title, and any
other state or federal law regarding protection of personally identifiable information
apply to any report released under this subsection (d).
56-2-1008(a)
July 1, 2021
Insurance cybersecurity
(a) Documents, materials, or information in the department's control or possession that
are furnished by a licensee, or an employee or agent acting on behalf of the licensee,
pursuant to § 56-2-1004(9) or § 56-2-1006(b), or that are obtained by the commissioner
in connection with an investigation or examination pursuant to § 56-2-1007:
(1) Are confidential and not open for inspection by members of the public under title 10,
chapter 7 or § 56-1-602; and
(2) Are not subject to subpoena, subject to discovery, or admissible in evidence in a
private civil action, except that the commissioner may use the documents, materials, or
information in the furtherance of regulatory or legal action by the commissioner.
63-1-150(d)
July 1, 2021
Federally qualified health
centers
Records of a QIC and testimony or statements by a healthcare organization's officers or
directors, trustees, healthcare providers, administrative staff, employees or other
committee members or attendees relating to activities of the QIC shall be confidential
and privileged and shall be protected from direct or indirect means of discovery,
subpoena or admission into evidence in any judicial or administrative proceeding. Any
person who supplies information, testifies or makes statements as part of a QIC may
not be required to provide information as to the information, testimony or statements
provided to or made before such a committee or opinions formed by such person as a
result of committee participation.
Appendix D: New and Amended Exceptions to the Tennessee Public Records Act
Statutory Exemptions to the Tennessee Public Records Act — August 2020
Page 5
63-11-502
May 11, 2021
Psychologist licensure
All information provided to the Commission or distributed by Compact States pursuant
to the psychologist shall be confidential, filed under seal, and used for investigatory or
disciplinary matters. The Commission may create additional rules for mandated or
discretionary sharing of information by Compact States.
67-1-1707(f)
May 4, 2021
Tax information
This part does not restrict the public disclosure of the name and address of an owner
of a business tax license under chapter 4, part 7 of this title, or any information on the
license or license application pertaining to whether the owner is a veteran or a
member of a minority group based on race, ethnicity, religion, sex, or national origin.
67-4-722
May 4, 2021
Tax information
(c) Except as provided in subsection (d), all returns, tax information, and tax
administration information under this part shall be subject to chapter 1, part 17 of this
title.
(d) Notwithstanding any other law to the contrary, the name and address of any
present or former owner or operator of any trade or business as appearing on any
business or occupation license or application for a license, and information on the
license or application regarding whether the trade or business is veteran- or minority-
owned, is a public record open for public inspection within the meaning of the Public
Records Act, compiled in title 10, chapter 7, and the record is not confidential
information
71-1-105(a)(16)(B)(i)
July 1, 2021
Disability investigations
(i) Except as provided in subdivisions (a)(16)(B)(ii) and (iii), records and information
obtained pursuant to an investigation conducted pursuant to this subdivision (a)(16),
including the identities of witnesses or individuals with information relevant to the
investigations, are confidential and not open for inspection by members of the public
under title 10, chapter 7;
however, operational records of a state agency, including the department, which are
not investigative records or not otherwise protected under state or federal law or
other legal authority, must remain open for inspection by members of the public;
(ii) The records and information to which this subdivision (a)(16)(B) applies cease to
be confidential under subdivision (a)(16)(B)(i) upon closure of the investigation by the
department and final adjudication of any administrative appeal of an action taken
based upon the results of the investigation or the conclusion of all court proceedings
in a criminal prosecution related to the investigation as evidenced by an order of the
court, including the opportunity for direct appeal having been exhausted, whichever
occurs later;
(iii) This subdivision (a)(16)(B) does not prevent the department from sharing
information or records with the district attorney general or law enforcement personnel
for the purpose of cooperating with a law enforcement investigation or with the
comptroller of the treasury or the comptroller's designee for the purpose of audit.
Information or records that the department shares with the district attorney general or
law enforcement remain confidential under subdivision (a)(16)(B)(i), except to the
extent that a court orders otherwise, the information or records are used as evidence
in a criminal prosecution, or the Tennessee rules of criminal procedure require
disclosure. Information or records that the department shares with the comptroller or
comptroller's designee for the purpose of audit remain confidential under subdivision
(a)(16)(B)(i) and under § 10–7–504(a)(22)(A) as an audit working paper;
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