Reviewed Date: 09/14/2022
Deciding what, if any, information is required to be redacted from a public record is often a difficult decision to make. Records that are otherwise accessible to the public often contain confidential information. However the fact that there is some confidential information in a record generally does not make the entire record confidential. It is the duty of the municipality to redact the confidential information before providing the remaining public information to the requestor. It is important that confidential information be redacted from records before the records are made accessible to the public, given that there are some confidentiality provisions that include criminal penalties for unlawful disclosure.
Before information is redacted from a public record, the PRRC should identify the provision within State law that makes the information confidential. A number of exceptions are included in this publication; however the list is not exhaustive. A more comprehensive list of exceptions is now available on the OORC’s website in a searchable database at https://apps.cot.tn.gov/PublicRecordsExceptions. In situations where the PRRC is unsure about whether information should be redacted, your municipal attorney and/or your MTAS management consultant should be consulted.