Title 10 Public Libraries, Archives and Records

Chapter 1 State Library System

Part 1 General Provisions

§ 10-1-101. Division of public libraries and archives.

A division of public libraries and archives is hereby created within, and administratively attached to, the office of the secretary of state. The authority, powers, and duties formerly vested by law in the commissioner of education shall be vested in the secretary of state and are to be administered through and by the division of public libraries and archives. The division shall have transferred and attached to it:
1. (1) The office of state historian; and
2. (2) All historical and memorial commissions and associations created by act of the general assembly and expending public funds, for purposes of administration, except the Tennessee historical commission.

§ 10-1-102. [Reserved.]

§ 10-1-103. Components of state library system.

The state library system consists of the existing state library, archives, the regional library system, the regional library for accessible books and media, library extension properties and services, and such other properties and services as may from time to time be assigned to the division of public libraries and archives, excluding the law library of this state, which functions under the direction of the supreme court.

§ 10-1-104. Functions of the secretary of state, acting through the division of public libraries and archives.

(a) The functions of the secretary of state, acting through the division of public libraries and archives, shall include the following:
1. (1) Collecting, preserving, and providing public access to archival material and materials of historical, documentary, and reference value, and literary works or printed matter that may be considered by the division of special interest to the citizenship of this state;
2. (2) The distribution and exchange of publications of the state that may become available from time to time;
3. (3) The collection and distribution of reference material to state officials and employees and public agencies that may be entitled to the reference material;
4. (4) The encouragement of library development throughout the state by means of advice, guidance, and library extension services, in the course of which the division is empowered to enter into local, regional, or interstate contracts with competent agencies in the furtherance of library services. The contracts are subject to the prior approval by the secretary of state; and
5. (5) Other functions that may be designated and authorized from time to time or that may properly belong to the administration of an up-to-date library and archives for the state.
(b) The enumeration of the specific items in subsection (a) shall not be deemed to exclude any other activities that the division may think proper to be handled by it and by the state librarian and archivist.

§ 10-1-105. Administration of system — Custody of properties — Policies, rules and regulations regarding governance and use.

The secretary of state, acting through the division of public libraries and archives, shall be responsible for the proper administration of this chapter, and shall establish policies to govern the administration of the state library system. The division shall have custody of and be responsible for the properties of the state library system, including properties that may be assigned to it in the future. The secretary of state is authorized to establish policies, rules, and regulations that may be necessary to govern the use of the properties and the use and disposition of materials under the secretary's jurisdiction, including the circulation of books from the library.

§ 10-1-106. Development of program — Budget.

The secretary of state shall develop a state library program calculated to meet the needs of the state and the requirements of its citizens for such services. The secretary of state shall annually prepare and submit to the governor and to the general assembly a budget consistent with such program and shall operate the state library system within the financial resources available. The secretary of state shall take appropriate action each year to encourage adoption of the budget proposal.

§ 10-1-107. Personnel — Funds for training and education.

(a) The secretary of state has the authority to create positions necessary to effectively carry on library programs. The secretary of state is authorized to make appointments or dismissals to positions deemed necessary to conduct the affairs of the library program.
(b) The secretary of state is authorized to expend funds for the special training and formal education of library personnel; provided, that the personnel shall agree to work in the state library system for at least two (2) years after the completion of the training and education.

§ 10-1-108. Cooperation with other agencies — Legislative intent — Construction.

The secretary of state has the authority to call upon other state agencies for information, publications and related material needed to discharge the secretary's duties, and may confer and cooperate with other agencies, whether federal, state or local, in order to more effectively carry out the program. It is the legislative intent that this chapter shall be broadly construed and applied in the interest of making the state library function to the best advantage of the citizenship of the state.

§ 10-1-109. Administering funds and materials.

(a) The secretary of state may accept and administer funds or materials made available for library, archival, and historical purposes from public or private sources either by grant, bequest, donation, or otherwise, and this may include any available grants from the federal government or cooperation with the federal government in the advancement of library activities when agreements to that effect are approved.
(b) The secretary of state, acting through the state librarian and archivist and the division of public libraries and archives, may accept donations and bequests on behalf of the state library system.
(c) The secretary of state, acting through the division of public libraries and archives, may lease real estate as may be necessary for library purposes. Any lease must be between the state of Tennessee and the lessor and must contain a clause that its continuance is subject to necessary allotments from the secretary of state and the availability of other funds.

§ 10-1-110. People with disabilities.

The secretary of state is authorized to:
1. (1) Cooperate with the division for the blind and physically handicapped in the library of congress in planning and conducting a program of bringing free reading materials and related services and other library services to people with disabilities, as defined by the library of congress, who are residents of the state;
2. (2) Establish and implement eligibility and certification standards and rules and regulations for these services;
3. (3) Produce and distribute, and contract with competent organizations and agencies for the production and distribution of reading materials, and related library services, in the conduct of this program;
4. (4) Cooperate in making sound reproduction equipment and other reading equipment available to people with disabilities, as defined by the library of congress; and
5. (5) Establish and maintain local or regional centers as the library of congress may designate for the loan of reading materials, reproducers and other library materials to eligible readers in the state; provided, that nothing in this section shall be construed to interfere with or supersede the rules and regulations of the library of congress in the loan of library materials and reading equipment for people with disabilities, as defined by the library of congress.

§ 10-1-111. Black history.

(a) The secretary of state, acting upon the recommendation of the state librarian and archivist, is hereby authorized to contract with the Beck Cultural Exchange Center, Knoxville, for the appropriate deposit, display, and/or preservation at the center of such:
1. (1) Archival material;
2. (2) Historical, documentary, and reference materials; and
3. (3) Literary works or printed matters;
4. as may be mutually deemed by the secretary of state and by the center to be of special interest to the black citizens of Tennessee.
(b) The terms of any such contract shall ensure that adequate steps are undertaken to protect and preserve all such items for the benefit of future Tennesseans.

Part 2 State Librarian and Archivist

§ 10-1-201. Appointment — Duties and powers.

A state librarian and archivist shall be appointed by the secretary of state. The person appointed as librarian and archivist shall be appointed without regard to political affiliation or place of previous residence. The state librarian and archivist shall serve as chief administrative officer of the state library system and shall be responsible to the secretary of state.

§ 10-1-202. Authority to employ special consultants.

Upon recommendation of the state librarian and archivist, the secretary of state, within the limitation of funds available, may engage the services of special consultants who are qualified in particular fields of library or archival administration to make special investigations, studies and reports looking to the proper development of methods and procedures by means of which the state library service may be strengthened, extended or made more efficient.

§ 10-1-203. Preservation of records of soldiers and sailors serving in World War I.

The compilation of the records of the soldiers and sailors who served in World War I by enlistment from the state of Tennessee, compiled by Mrs. Rutledge Smith of Nashville, and a committee working under Mrs. Smith's supervision, consisting of separate volumes for each county, are declared to be public records of the state, and shall be carefully preserved by the state librarian and archivist as a part of the official records of this state, and copies thereof, duly certified by the state librarian and archivist, shall be receivable in evidence in all courts of competent jurisdiction in this state as to the truth of the facts therein recited.

§ 10-1-204. Federal funds for library programs.

The secretary of state is authorized and empowered to make agreements with the United States and its agencies in regard to the administration of library programs, and to accept federal funds upon such terms and conditions as may be required by act of congress or rules and regulations issued in accordance with such act; provided, that state funds shall not be obligated for participation in any federal program unless the same are paid from current appropriations or operating funds. If required, the state treasurer shall give receipt for such funds, make a special bond for the same, or keep special accounts of such funds. At the end of this or succeeding bienniums, such funds shall not become a part of the state's general fund but shall be expended only for such library purposes as may have been agreed upon.

Part 3 Tennessee Electronic Library

§ 10-1-301. Created — Authority — Administration.

There is hereby created the Tennessee Electronic Library which shall be administered by the office of the secretary of state, division of Tennessee state library and archives, which has the authority to coordinate the delivery of electronic databases and other similar services to all libraries, both public and private, within Tennessee which desire to participate in the Tennessee electronic library. The office of the secretary of state, through the division of the state library and archives, has the authority to contract with vendors, for the purpose of purchasing services under state rules and regulations, to administer and facilitate the operation of the Tennessee Electronic Library. Notwithstanding the appropriation of funds, the costs of funding the project during the initial year of operation may be paid out of funds existing within the department of state.

§ 10-1-302. Four integrated components.

The Tennessee Electronic Library, in close cooperation with Tennessee's libraries and other organizations interested in and supportive of expanding and promoting superior library services, shall be composed of four (4) integrated components:
1. (1) Subscriptions to commercial online products both through a free core database access package composed of products of general interest to all Tennesseans available to all libraries and other subscriptions of specific interest paid for by libraries participating in the Tennessee Electronic Library;
2. (2) Organization and technical support for start-up and ongoing services;
3. (3) Computing storage capacity; and
4. (4) Training for Tennessee librarians and library users.

§ 10-1-303. Purpose — Access to catalogues, databases, collections, etc.

The Tennessee Electronic Library may provide access to, but shall not be limited to:
1. (1) Available online catalogs of the holdings of participating libraries in Tennessee;
2. (2) Local produced databases of specialized collections in Tennessee; and
3. (3) Other holdings, collections, and subscriptions deemed appropriate by the participating libraries and agencies.

§ 10-1-304. Qualifying participants.

Participants in the Tennessee Electronic Library shall be limited to Tennessee public and not-for-profit, academic and school libraries within Tennessee, and any agency of state government whose mission is to provide support services to public or educational libraries.

§ 10-1-305. Design and implementation.

The design and implementation of the Tennessee Electronic Library shall include the following considerations:
1. (1) Close cooperation among all participating libraries and agencies;
2. (2) Use of related federal, state, local, and private sector expertise and funding as appropriate;
3. (3) A focus on participating library circumstances, opportunities, and solutions;
4. (4) Minimizing duplication of effort and maximizing cost-savings through centralized and coordinated support and purchasing;
5. (5) Emphasis on both statewide benefit as well as local benefit; and
6. (6) Specific goals for the effective and efficient use of technology in public libraries and school libraries to improve the services they provide to the public and to students.

Chapter 2 Librarians—Examination and Certification

§ 10-2-101. Librarian certificates issued by board of education.

The state board of education is authorized to issue certificates to librarians.

§ 10-2-102. Standards, rules and practices for issuance adopted by board of education.

The state board of education shall set up standards and shall adopt rules and practices, by which these librarians' certificates are to be issued.

§ 10-2-103. Librarians in public libraries certified by board of education.

The state board of education shall pass upon the qualifications of any person applying for the position of librarian or professional library assistant in any library supported wholly or in part from public funds or in any state-supported library agency.

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§ 10-2-104. Librarians — Certificates required for appointment.

The governing boards of the libraries designated in § 10-2-103 shall be required to appoint to all vacant and new professional library positions falling under their respective jurisdictions only persons who prior to installation hold proper certificates as prescribed by the state board of education.

§ 10-2-105. Professional librarians — Certifications provided.

The state board of education shall provide for the certification of the following groups:
1. (1) All professional librarians and professional library assistants who are serving in libraries subject to this chapter; and
2. (2) Professional librarians and professional library assistants who are serving in libraries not designated above in § 10-2-103, including librarians in other than publicly supported libraries.

§ 10-2-106. Certificates from other states — Treatment.

The state board of education may evaluate certificates issued by the proper authorities of other states requiring the certification of librarians and may accept such certificates in lieu of corresponding certificates in this state, or may issue or cause to be issued certificates in this state, to such persons holding such certificates from other states.

§ 10-2-107. Application for certificates — Form — Fee.

(a) The applications for library certificates under this chapter shall be made to the commissioner of education in such manner and form as the state board of education may specify.
(b) The fee specified by the state board of education shall accompany each application and shall be deposited with the state treasurer to the credit of the department of education.

Chapter 3 Libraries in Counties, Cities and Towns

§ 10-3-101. Establishment, maintenance and joint operation.

The legislative body of a county or the governing body of an incorporated city or town shall have the authority to establish and maintain, under state and local law, a free public library, or give support to any free public library already established therein, or contract with another library for library service for use of the inhabitants of the county, city, or town, or enter into contractual agreements with one (1) or more counties or cities for the joint operation of a free public library.

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§ 10-3-102. Taxes — Levy.

(a) Upon the decision of such county legislative body and/or city governing body to establish, maintain or support a free public library, or to contract with another library for library service, or to contract with one (1) or more counties or cities for joint operation of a free public library, it shall levy for the purpose a property tax, or shall use therefor funds raised by taxes for county or municipal purposes, such a library service being declared to be a county or municipal service.
(b) If a portion of a county is already taxed for maintenance of a free public library, the county legislative body is empowered to levy a tax for a free library on all the property in the county, or the county legislative body may levy a tax on only the property of such portion of the county as is not already taxed for maintenance of a free public library. If a general county-wide tax levy is made for this purpose, the county trustee shall keep the funds raised thereby separate and apart from all other tax funds coming into such county trustee's hands, and shall make quarterly distribution of the same between the county library board and the governing body of the free public library of the city or cities within the limits of the county on the basis of the population enumerated by the most recent federal census. Subject to the preceding sentence, funds raised under §§ 10-3-101 — 10-3-108 may be contributed toward the maintenance of any free public library maintained by a municipality in such county as provided in § 10-3-101.

§ 10-3-103. Library board — Appointment — Terms.

(a)
1. (1) Except as provided in subdivision (a)(2), where a county legislative body or the governing body of a city or town, in lieu of giving support to a free public library already established, or of contracting with another library for library service, or of contracting with other counties or cities for the joint operation of a free public library, establishes an independent free library of its own, it shall appoint a board of seven (7), nine (9), or eleven (11) members. Not more than one (1) official each of the county and of the city governing bodies may serve on the board. The members shall serve without salary, at least three (3) for one (1) year, two (2) for two (2) years, and two (2) for three (3) years. If the board expands to more than seven (7) members as provided in this subdivision (a)(1), the additional members are appointed by the county and city legislative bodies to terms of one (1), two (2), or three (3) years. All successors shall serve for terms of three (3) years. Board members may serve two (2) consecutive terms and may be reappointed after a minimum three-year break in service.
2. (2) In counties or cities having a population of more than four hundred thousand (400,000), according to the 2010 or any subsequent federal census, in which the mayor has assumed the powers of the library board as provided in subsection (c), the terms of advisory board members must be established as provided in subdivision (a)(1) with the exception that board members may serve as many consecutive terms as stated in their bylaws.
(b) If a county legislative body, city governing body, or a county having a charter form of government elects to participate in the joint operation of a public library maintained by the county and one (1) or more cities within the county, the library board responsible for administering the library must be appointed by one (1) of the following methods:
1. (1) Except as provided in subdivisions (b)(2) and (3), a library board of seven (7), nine (9), or eleven (11) members may be appointed by the county legislative body and city governing bodies that are parties to the agreement, the number appointed by each to be determined according to the ratio of population in each participating city and in those areas of the county that lie outside the cities, based on the most recent federal census; provided, that each governmental body shall appoint at least one (1) member. Terms of office, qualifications of members, and powers and duties of the board must comply with §§ 10-3-101 — 10-3-108. Board members may serve two (2) consecutive terms and may be reappointed after a minimum three-year break in service;
2. (2) In accordance with a contract as provided in § 5-1-113, in which case board members may serve two (2) consecutive terms and may be reappointed after a minimum three-year break in service; or
3. (3) In accordance with a private act, in which case board members may serve two (2) consecutive terms and may be reappointed after a minimum three-year break in service.
(c) A county or city having a population of more than four hundred thousand (400,000), according to the 2010 or any subsequent federal census, may by a two-thirds (⅔) majority vote of its legislative body vest supervisory authority over the public library system with the mayor. The mayor in the county or city shall exercise all powers which would otherwise be exercised by the library board pursuant to § 10-3-104. A library board must be retained in the county or city in accordance with this section but shall serve in an advisory capacity to the county or city mayor, as applicable.

§ 10-3-104. Powers and duties of library board.

The members of the library board shall organize by electing officers and adopting bylaws and regulations. The board has the authority to direct all the affairs of the library, including the authority to appoint a library administrator. The library administrator shall direct the internal affairs of the library, including hiring and directing such assistants or employees as may be necessary. The board may make and enforce rules and regulations and establish branches of service at its discretion. The board may expend funds for the special training and formal education of library personnel; provided, that such personnel shall agree to work in the library for at least two (2) years after completion of such training and education. The board may receive donations, devises, and bequests to be used by it directly for library purposes. The board may hold and convey realty and personal property and negotiate leases for and on behalf of such library. The board shall furnish to the state library agency such statistics and information as may be required, and shall make annual reports to the county legislative body or city governing body.

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10-3-103(c)

§ 10-3-105. Borrowing money to acquire library buildings and equipment.

A county legislative body and/or city governing body has power to borrow money for the purchase of realty and the erection or purchase of suitable buildings for the library and its branches, and for their equipment. The title to such property may be vested in trust in the library board and its successors, which shall be responsible for disbursing bond proceeds as provided in § 10-3-106.

§ 10-3-106. Tax funds held by county or city treasurer — Audit of accounts.

(a) All county or city tax funds for library purposes, raised by bonds or taxation, shall be held by the county or city treasurer separate from other funds.
(b) All library accounts of every character shall be audited annually by or under the county legislative body or city governing body.

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10-3-105

§ 10-3-107. Libraries free to inhabitants — Extension of privileges to nonresidents.

Libraries so established or supported shall be free to the inhabitants. The board may extend the privileges and facilities of the library to persons residing outside the county or city upon such terms as it may deem proper.

§ 10-3-108. Penalties for loss of or injury to library property.

The library board has the power to make and enforce rules providing penalties for loss of or injury to library property. Nothing in this chapter shall be construed to prohibit a library board from charging library users a reasonable fine for late-returned library materials and charging for special services including, but not limited to, the loan of equipment and the use of photocopiers.

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§ 10-3-109. [Reserved.]

§ 10-3-110. Title to property acquired — Use of proceeds from activities.

The title to all property acquired by a library board operating under this chapter shall be taken in the name of the county or city for the use and benefit of the public library, and the proceeds from all activities conducted by the library board or from any disposition of its assets shall be taken in the name of the county or city for the use and benefit of the public library.

§ 10-3-111. Financial report of operations.

Such library board shall furnish a report to the county or city legislative body, at its first meeting of each fiscal year, setting forth its capital and operational receipts and expenditures for the preceding fiscal year.

Chapter 5 Regional Library Boards

Part 1 General Provisions

§ 10-5-101. Composition of regional library system — Criteria for joinder and participation — Joinder as related to state purchasing contracts.

(a) The regional library system is composed of such regional offices as the secretary of state may establish, each office providing support and assistance to the public libraries in the counties assigned to it under the direction of the state librarian and archivist. The secretary of state may establish criteria for joining and for continuing participation in the regional library system. Local public libraries meeting such criteria may join or leave the regional library system by vote of the county commission or city governing body.
(b) A city in a county not participating in a region may, with approval by the secretary of state, join the state regional library system as related to state purchasing contracts. The secretary of state shall assess fees against participating cities for any additional cost of services under the state contracts. Counties and municipalities may appropriate funds for this purpose.

§ 10-5-102. [Repealed]

§ 10-5-103. [Repealed]

§ 10-5-104. [Reserved]

§ 10-5-105. [Repealed]

§ 10-5-106. [Repealed]

Part 2 Regional Library Employees

§ 10-5-201. Transfer of regional library system employees to department of state — Benefits and salaries.

(a) Notwithstanding any law to the contrary, upon July 1, 1999, all full-time employees of the regional library system shall be transferred to the department of state and shall become employees of the office of the secretary of state in the manner provided by § 8-30-102(a).
(b) Full-time employees of regional libraries transferred to the department of state shall be entitled to the same benefits enjoyed by other state employees, including retirement benefits, annual and sick leave, participation in any deferred compensation plan, eligibility for health and accident insurance, longevity pay, sick leave banks, bereavement leave, and all other such benefits.
(c) Full-time employees of regional libraries transferred to the department of state shall retain their salaries existing at the time of transfer. Notwithstanding any law to the contrary, any benefits of any kind for state employees that were provided to the employees of a regional library during their employment by the regional library are hereby approved, validated and ratified from the date such benefits were conferred or given to the employees by any department, agency or institution of higher education of the state.

§ 10-5-202. Department of state employees who were previously regional employees — Certification of entitlements.

(a) Notwithstanding any law to the contrary, any person currently employed by the department of state who was previously a regional employee shall be treated as a state employee as of the date of employment with the department of state and entitled to all benefits received by regional employees pursuant to this part.
(b) The personnel officer or appointing authority of the employee of the regional library shall be responsible for certifying entitlement to such sick leave, annual leave, and longevity credit to the department of state.

§ 10-5-203. Existing leave balances, longevity and retirement credit — Certification.

(a) Upon joining as an employee of the state of Tennessee, pursuant to this part, regional library employees shall immediately be credited with their existing leave balances, longevity and retirement credit based on their accumulated years of service as regional library employees.
(b) The personnel officer or appointing authority of the employee of the regional library is responsible for certifying the accumulated balances of sick leave, annual leave, and longevity credit to the department of state.

§ 10-5-204. Status of regional library employees becoming employees of state — Contributions — Participation — Retirement system benefits — Credit for prior service.

Upon joining as employees of the state of Tennessee, regional library employees shall make the same contributions, participate in the same manner, and shall be eligible for the same benefits as state employees participating in the retirement system. Such employees shall be entitled to credit for such prior service with the regional library boards.

§ 10-5-205. Admittance to state group insurance program.

Full-time regional library employees shall be admitted to the state group insurance program without proof of insurability.

§ 10-5-206. “Full-time employee of a regional library board” defined.

For the purposes of this part, a full-time employee of a regional library board is one who has an annual schedule which includes at least one thousand six hundred (1,600) hours of employment.

Chapter 7 Public Records

Part 1 Preserving and Transcribing Records

§ 10-7-101. “Records” construed.

“Records,” as used in this part, shall be construed to mean any records of the county legislative body and common law, circuit, criminal, or chancery court, the register's books, the surveyor's and entry taker's book, and all other public records, required by law to be kept in the several courts of this state.

§ 10-7-102. Books for register's office to be furnished by county.

The county legislative body, on demand of the register, shall procure for the register's office well-bound books for the purpose of registering therein such instruments of writing as are required by law to be registered, the cost of which shall be paid by the trustee of the county, on the warrant of the county mayor, which shall be issued on the register producing before the county mayor the receipt of the person from whom the books were purchased, and making affidavit that the register has paid, or is bound to pay, the sum specified in the receipt.

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10-7-202(a)(1)

§ 10-7-103. [Repealed]

§ 10-7-104. Mutilated records to be transcribed — Incomplete copies.

When any record book or books of the register's office of any county have been damaged or mutilated by fire or otherwise, so that any part of the record in any book is destroyed, or mutilated, or is likely to become destroyed, or mutilated by continual use, the county legislative body of such county shall cause the same to be transcribed by the register, in a fair and legible hand, into a well-bound book or books, to be procured by the county legislative body, all such record books in the order of the dates of the original registration, marking at the top of each copy the original book and page or pages from which the transcript is made, so that no variation may appear between the pages of the transcript and those that were noted in the certificates on the original instruments; and, in all cases where the record of any word, part of word, sentence, part of sentence, or part of instrument, is destroyed, all that remains shall be copied, and the destroyed part indicated with asterisks.

§ 10-7-105. Rebinding or copying books at expense of county.

It is the duty of all county registers to have the books of their offices copied when, in the judgment of the county legislative body, they are so worn or mutilated as to need rebinding or copying. The county legislative bodies shall make the necessary appropriations to defray the expenses of the same.

§ 10-7-106. Transcript books to be collated and certified to by register and deputy register.

The copies made by the register shall be faithfully collated by the register and deputy register, both of whom shall, at the end of each book of transcript, by a joint certificate, certify that they have carefully collated the same with the original record book, and that it contains a full, true, and complete copy or transcript of the record in the original book; and in case any part of the original record is destroyed or mutilated so that the same cannot be ascertained, they shall add to their certificate the words, “so far as the same can be ascertained from its burned or mutilated condition,” and the transcript shall be as effectual and valid to all intents and purposes as the original record, except as is provided in §§ 10-7-116 and 10-7-118.

§ 10-7-107. Omission of probate or acknowledgment.

When the register as transcriber finds any instrument on the original books registered without the probate or acknowledgment, the register shall leave, in the transcript made by the register, sufficient room to record the probate or acknowledgment of the instrument.

§ 10-7-108. Entering omitted probate or acknowledgment in transcript where document in existence.

Any person having such a registered instrument in such person's possession may produce it to the register as transcriber while such person is transcribing, or to the register after the transcript is completed, and have the probate or acknowledgment entered of record.

§ 10-7-109. Copy of probate or acknowledgment made by clerk of court on demand.

Any person interested in having the probate or acknowledgment of an instrument registered may apply to the clerk of the court before which the probate was made, and, having first made oath that the original instrument is not in such person's possession, power, or control, demand and receive from such person a transcript of the probate or acknowledgment, duly certified by the clerk.

§ 10-7-110. Entry in transcript book.

On producing such certificate, the register as transcriber shall insert the probate or acknowledgment and certificate at the foot of the deed on the register's record, just as if the original deed had been produced.

§ 10-7-111. [Reserved.]

§ 10-7-112. Register to index transcript book or books.

The register shall properly index such transcript book or books.

§ 10-7-113. Special deputies — Appointment by register necessitated.

The register of such county is authorized to appoint as many deputies as are necessary to ensure the completion of such transcripts at the earliest time practicable.

§ 10-7-114. Register's fees.

For making such transcript, collation, and index, the register shall be entitled to one dollar ($1.00) per one hundred (100) words, to be paid by the county.

§ 10-7-115. Original deposited in clerk's office.

The original records from which the transcript has been made shall be deposited in the clerk's office of the county.

§ 10-7-116. Copy made from original — Admissibility in evidence.

In case any person is dissatisfied with the transcript, and wishes to have access to the original, the clerk shall grant such person a transcript therefrom, but the same shall not be admitted as evidence unless it is found, upon examination, that the transcript in the register's office varies from the original record, so as to alter the meaning and substance thereof, in any deed or title which may be in litigation.

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§ 10-7-117. [Reserved.]

§ 10-7-118. Copies of such transcribed records — Admissibility as evidence.

Whenever the records, or any part of the records, of any of the counties are transcribed by order or authority of the county legislative body of such county, on account of the original records being mutilated, defaced, or for any other cause, a certified copy from such transcribed records shall be admissible as evidence in the several courts of this state, and shall have the same validity as if the certified copy was made from the original record, subject to § 10-7-116.

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10-7-106

§ 10-7-119. County legislative bodies authorized to have record books rebound.

Whenever any county legislative body of this state, on due examination as now required by law, shall ascertain that any of the books of record in the office of the register, county clerk, clerk and master, or circuit court clerk need to be rebound, in order to preserve and keep in proper condition for use such books, then the county legislative body of such a county may order and empower the chair of the court to take charge of such books of records, and execute a receipt for the same to the proper officer having custody of the books, and at once forward them to some good, competent, and reliable bookbinding firm or company in this state, and take a receipt from the firm or company for such books received by them, and require them to rebind the books and return them to such chair at as early a date as possible.

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10-7-120

§ 10-7-120. Liability of register and clerks suspended during rebinding.

During the time the record book or books are kept out of the office and custody of the county clerk, clerk and master, circuit court clerk, or register, for the purpose stated in § 10-7-119, such person shall be released and held harmless and free from all liability on such person's official bond or otherwise for the proper and safekeeping of such books in such person's office.

§ 10-7-121. Government records kept on computer or removable computer storage media.

(a)
1. (1) Notwithstanding any other law to the contrary, any information required to be kept as a record by any government official may be maintained on a computer or removable computer storage media, including in any appropriate electronic medium, instead of bound books or paper records if the following standards are met:
  1. (A) Such information is available for public inspection, unless it is a confidential record according to law;
  2. (B) Due care is taken to maintain any information that is a public record during the time required by law for retention;
  3. (C) All daily data generated and stored within the computer system shall be copied to computer storage media daily, and the newly created computer storage media more than one (1) week old shall be stored at a location other than at the building where the original is maintained; and
  4. (D) The official can provide a paper copy of the information when needed or when requested by a member of the public.
2. (2) Nothing in this section shall be construed to require the government official to sell or provide the media upon which such information is stored or maintained.
(b) In any county having a population of more than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, all material that is maintained on a computer or removable computer storage media by the assessor of property that relates to information developed from the assessment of property or that is a record of the final assessment of property shall be made available to the public at cost within thirty (30) days of a request by a member of the public.

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§ 10-7-122. [Reserved.]

§ 10-7-123. Electronic access to county government information — Fees — Equal accessibility.

(a)
1. (1) Each county official may provide computer access and remote electronic access for inquiry only to information contained in the records of that office which are maintained on computer storage media in that office, during and after regular business hours. Such official may charge users of information provided through remote electronic access a reasonable amount sufficient to recover the costs of providing such services and for no other access services. Any such fee shall be uniformly applied. Any official providing remote electronic access to the records of that office shall implement procedures and utilize a system (equipment and software) that does not allow records of that office which may be viewed through remote electronic means to be altered, deleted or impaired in any manner. Any official providing such remote electronic access to any of the records of that office shall file a statement with the comptroller of the treasury at least thirty (30) days prior to offering such service, or if service is being offered, as of June 28, 1997, except those who have previously implemented such a system shall not be subject to these provisions. The statement shall describe the computer equipment, software and procedures used to provide remote electronic access and to ensure that this access will not allow a user to alter, delete or impair any record of the office. The cost of providing computer access or remote electronic access to local records shall not be borne by the state of Tennessee.
2. (2) For the purposes of this section, a reasonable fee for providing access to the remote electronic access information system shall be an amount sufficient to recover the cost of actually providing such services and no more. When determining a reasonable fee for online access to review records, such fee and consideration shall not include the cost of storage and maintenance of the records, or the cost of the electronic record storage system.
3. (3) Nothing in this section shall permit a fee to be charged for records that are viewed, electronic or otherwise, at the locations where they are maintained and stored.
4. (4) Once a remote electronic access information system is in place, access must be given to all members of the public who desire access to such records, and pay applicable reasonable fees as defined in this section, including those who may use such information for proprietary purposes.
(b) Nothing herein shall permit remote electronic access to records statutorily defined as confidential records.
(c) This section shall supersede and replace any private acts which conflict with it.

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47-10-117(c)

Part 2 Index of Public Records

§ 10-7-201. Clerks, registers, and other officers to index records — Indexing in name of trust.

(a) Every clerk, register, or other public officer whose duty it may be to keep record books, wherein the records of any court or of any county shall be kept, shall keep an index to each book wherein any suit, decree, judgment, sale, mortgage, transfer, lien, deed, power of attorney, or other record, shall be kept, in which index such clerk, register, or public officer shall enter in alphabetical order, under the name of each party, every suit, judgment, decree, sale, deed, mortgage, or other matter of record required by law to be by such clerk, register or other public officer entered in the record books to be kept by such clerk, register, or other officer, to the end that any judgment, decree, sale, conveyance, mortgage, or other record may be found under the name of either party to any transaction of record.
(b) A suit, decree, judgment, sale, mortgage, transfer, lien, deed, power of attorney, or other record referencing a trust must be indexed in the name of the trust, if the name is stated in the document, and in the name of each trustee listed in the document.

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§ 10-7-202. Register's book to be indexed, direct and reverse — Maintenance of indices by electronic means.

(a)
1. (1) Notwithstanding any other law to the contrary, each register not maintaining all indices required by law on a medium to be read and used by means of a computer or a word processor shall procure as provided by § 10-7-102 or other general law, two (2) or more well-bound books of suitable size, volume and grade of paper, in which the register shall make, enter, and keep a general direct and general reverse index of each and every instrument filed for record or recorded in the office of register, except that notices of completion of improvements to real estate and such other instruments that are not susceptible to direct and reverse indexation may be indexed separately using only a direct index and not entered in a reverse index.
2. (2) Notwithstanding any other law to the contrary, each register shall have discretion regarding whether to maintain separate indices for distinct books, files, or groups or combinations of records, or whether to combine all indices in a master direct and reverse index for all records maintained in the office of the county register.
(b) Notwithstanding any other law to the contrary, registers may maintain all indices required of the office by electronic means in compliance with the requirements found in § 10-7-121.

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§ 10-7-203. Names in deeds of realty to be entered alphabetically in the direct and reverse indices — Other facts to be shown.

In the general direct indices of instruments relating to real estate, the register shall enter the name of the grantor or maker of each instrument recorded, alphabetically arranged, the name of the person, firm, or corporation to whom made, the kind of instrument, its date and the date filed for record, each entry to be under the appropriate head title or column. In like manner, the register shall enter in each reverse index the name of the person, firm, or corporation to whom each conveyance or grant is made, alphabetically arranged, the name of the person, firm, or corporation or other maker by whom executed or made, the character and date of the instrument, and the date filed for record, each entry under its appropriate column or head title. In each book the register shall also enter the book and page in which each respective instrument is recorded in the appropriate column and under the appropriate heading therefor.

§ 10-7-204. Direct and reverse indices to personalty — Manner of making.

In the two (2) indices of instruments relating to personal property, the register shall likewise enter and keep alphabetically the names of the grantors or persons, firms, or corporations executing or making the contracts or instruments recorded in the direct index, and the name of the persons, firms, or corporations to whom the conveyances or grants are made, in alphabetical order, in the reverse index, followed by the other entries as above required in regard to instruments relating to real estate. Instruments relating to both realty and personalty shall be indexed in each of the above named sets of indices and as above required.

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10-7-205

§ 10-7-205. Time of making indices — One or more indices — Mortgages and deeds of trust.

It is the duty of the register to make the entries required in §§ 10-7-202 — 10-7-204 for all instruments immediately upon their being recorded; provided, that at the discretion of the register, the register may:
1. (1) Index all instruments purporting to convey titles to land in one (1) or more indices, indexing them direct and reverse as provided for in §§ 10-7-201 — 10-7-206;
2. (2) Keep all deeds of trust or land mortgages in one (1) or more indices, indexing them direct and reverse as required by §§ 10-7-201 — 10-7-206;
3. (3) Keep all trust deeds or land mortgages and chattel mortgages and other instruments relating to personalty in one (1) or more indices, indexing them direct and reverse as required in §§ 10-7-201 — 10-7-206;
4. (4) Keep chattel mortgages, in an index, indexing them direct and reverse as required in §§ 10-7-201 — 10-7-206; or
5. (5) Keep a direct index of chattel mortgages in the same book or volume in which the chattel mortgages are registered or recorded.

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10-7-206

§ 10-7-206. Former indices may be made in addition to required indices.

The indices required to be made and kept shall be in lieu of all indices heretofore required of registers; provided, that any register may continue to make and keep such indices previously required, as the register may determine, in addition to the indices required by §§ 10-7-202 — 10-7-205.

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§ 10-7-207. Failure to make index — Forfeiture — Qui tam action.

For failing to make such index as prescribed, the register shall forfeit one hundred dollars ($100), one-half (½) to the use of the state and the other one-half (½) to any person who shall sue for the same.

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10-7-208

§ 10-7-208. Penalty for failure to index records.

Any clerk, register, or other public officer required by law to keep any record book who willfully violates §§ 10-7-201 — 10-7-207 commits a Class C misdemeanor, and, moreover, such person and such person's official sureties are liable to the injured party for all damage sustained by the injured party, in consequence of such failure, to be recovered before any court of competent jurisdiction.

§ 10-7-209. Cross index as to all parties in minute books and execution dockets.

The clerks of the supreme court and the clerks of all courts of record are hereby required to index and cross index each record of the minutes of the courts and the execution dockets so respectively required to be kept by them, showing in the direct index, in alphabetical order, the name or names of the plaintiffs or complainants, and against whom the suit is or was brought and, in the cross or reverse index, show the name or names of defendants, in alphabetical order, and by whom the suit is brought.

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10-7-210

§ 10-7-210. Violations of preceding section a misdemeanor.

For failure or refusal to carry out or comply with § 10-7-209, such clerk commits a Class C misdemeanor.

Part 3 Public Records Commission

§ 10-7-301. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Agency” means any department, division, board, bureau, commission, or other separate unit of government created by law or pursuant to law, including the legislative branch and the judicial branch; provided, however, that for purposes of this part only, “agency” does not include the legislative branch;
2. (2) “Confidential public record” means any public record which has been designated confidential by statute and includes information or matters or records considered to be privileged and any aspect of which access by the general public has been generally denied;
3. (3) “Disposition” means preservation of the original records in whole or in part, preservation by photographic or other reproduction processes, or outright destruction of the records;
4. (4) “Essential records” means any public records essential to the resumption or continuation of operations, to the re-creation of the legal and financial status of government in the state or to the protection and fulfillment of obligations to citizens of the state;
5. (5) “Permanent records” means those records which have permanent administrative, fiscal, historical or legal value;
6. (6) “Public record or records” or “state record or records” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency;
7. (7) “Records creation” means the recording of information on paper, printed forms, punched cards, tape, disk, or any information transmitting media. “Records creation” includes preparation of forms, reports, state publications, and correspondence;
8. (8) “Records disposition authorization” means the official document utilized by an agency head to request authority for the disposition of records. The public records commission shall determine and order the proper disposition of state records through the approval of records disposition authorizations;
9. (9) “Records management” means the application of management techniques to the creation, utilization, maintenance, retention, preservation, and disposal of records in order to reduce costs and improve efficiency of recordkeeping. “Records management” includes records retention schedule development, essential records protection, files management and information retrieval systems, microfilm information systems, correspondence and word processing management, records center, forms management, analysis, and design, and reports and publications management;
10. (10) “Records of archival value” means any public record which may promote or contribute toward the preservation and understanding of historical, cultural, or natural resources of the state of Tennessee;
11. (11) “Records officer” means an individual designated by an agency head to assume responsibility for implementation of the agency's records management program;
12. (12) “Section” and “division” means the division of records management of the department of state;
13. (13) “Temporary records” means material which can be disposed of in a short period of time as being without value in documenting the functions of an agency. Temporary records will be scheduled for disposal by requesting approval from the public records commission utilizing a records disposition authorization; and
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14. (14) “Working papers” means those records created to serve as input for final reporting documents, including electronic data processed records, and/or computer output microfilm, and those records which become obsolete immediately after agency use or publication.

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§ 10-7-302. Public records commission created — Duties.

A public records commission is hereby created to consist of the state treasurer, the comptroller of the treasury, the secretary of state, the director of legal services for the general assembly, and the commissioner of general services as permanent members, any of whom may designate a deputy with a vote as such person's agent to represent such person, the president of the Tennessee historical society as a nonvoting member, and, when required, one (1) temporary and nonvoting member as provided in § 10-7-303. It is the duty of the commission to determine and order proper disposition of state records. The commission shall direct the department of state to initiate, through the division of records management, by regulation or otherwise, any action it may consider necessary to accomplish more efficient control and regulation of records holdings and management in any agency. Such rules and regulations may authorize centralized microfilming for all departments, etc., or provide for other methods of reproduction for the more efficient disposition of state records. The commission shall elect its chair and shall meet not less often than twice annually. Members shall be reimbursed for actual and necessary expenses when attending meetings, and those members who do not receive a fixed salary from the state also shall be paid a per diem of ten dollars ($10.00) for each day of actual meeting. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

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4-29-245(a)(26)

§ 10-7-303. Division of records management — Creation, disposition and preservation of records — Land, legislative and judicial records — Guides.

(a) The division of records management of the department of state shall be the primary records management agency for state government, and as such shall direct the disposition of all records, including electronic processed records and computer output microfilm records.
(b) The division shall cooperate with other agencies in the creation of records, forms, etc., which will eventually be subject to retention and/or disposition scheduling.
(c) Whenever the head of any state department, commission, board or other agency has certified that records created by such person's department, either permanent, temporary or working papers, as defined in § 10-7-301, have reached the end of the retention period established prior to the generation of such records, the public records commission shall then approve or disapprove, by a majority vote, the disposition of such records in a manner specified in the rules and regulations of the commission, and any disposition schedule already in effect may be voided or amended by a majority vote at any time by the commission, upon recommendation of a member of the commission or the head of the appropriate department, commission, board or other agency, in consultation with the staff of the division.
(d) No record or records shall be scheduled for destruction without the unanimous approval of the voting members of the public records commission.
(e) All records concerning private or public lands, with the exception of leases, shall be forever preserved. The records of leases required to be preserved pursuant to § 12-2-108(c) must be forever preserved.
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(f) When the development of a records management system for judicial records or the disposition of judicial records is under consideration, the attorney general and reporter or the attorney general's representative, and the chief justice of the supreme court or the chief justice's representative shall serve as temporary nonvoting members of the commission.
(g) This part applies to judicial records but does not apply to legislative records.
(h)
1. (1)
  1. (A) The division is authorized to develop a protocol manual or to adopt a published protocol manual to be adopted by the executive, judicial and legislative branches of state government.
  2. (B) The division is authorized to develop a style manual or guide or to adopt a published style manual or guide to be adopted by the executive, judicial and legislative branches of state government.
2. (2) A branch of state government may modify an adopted protocol manual or style guide.

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10-7-302

§ 10-7-304. Records officer, systems or records analyst.

The head of each department, commission, board or agency shall designate a records officer, systems analyst, or records analyst, etc., who shall be an employee at the administrative level and who shall be instructed to cooperate with the staff of the division of records management of the department of state and the public records commission in carrying out the purposes of this chapter. It is the duty of the records officer to appear before the public records commission for the purpose of presenting on behalf of such record officer's department, commission, board or agency requests for disposition of records.

§ 10-7-305. Administrative officer and secretary — Duties.

The commissioner of general services shall be the administrative officer and secretary of the public records commission and act on its behalf and by its direction to make and enter into contracts and agreements with other departments, agencies, boards and commissions of state government as the commission may consider necessary, expedient or incidental to the performance of its duties under this chapter.

§ 10-7-306. Rules and regulations of commission.

(a) The commission shall issue rules and regulations which shall include such procedures as may be necessary to carry out the purposes of this chapter. Such rules and regulations shall provide, but not be limited to:
1. (1) Procedures for the adoption of any record to be created by any department, board, commission or agency;
2. (2) Standards and procedures for the reproduction of records for security or for disposal of original records;
3. (3) Procedures for compiling and submitting to the division lists and schedules or records proposed for disposition; and
4. (4) Procedures for the physical destruction or other disposition of records.
(b) All rules and regulations must be approved by a majority of the voting members of the commission. The commissioner of general services as the administrative officer and secretary of the commission shall sign all rules and regulations on behalf of the commission.
(c) The rules and regulations shall be issued and promulgated in accordance with title 4. The commission need not formally meet to act under this section, but may adopt any rule, regulation, procedure or disposal with the written approval of all voting members.

§ 10-7-307. Title to and destruction of records transferred to state archives.

Title to any record transferred to the state archives is vested in the state library and archives. The state librarian and archivist may destroy originals of such records if such records have been microfilmed or converted to microform media of such quality which shall meet the minimum standards of the United States government.

§ 10-7-308. Title to records transferred to division.

Title to any record transferred to the division (records center) shall remain in the agency transferring such records to a state records center.

Part 4 County Public Records Commission

§ 10-7-401. County public records commission created — Membership.

In order to provide for the orderly disposition of public records created by agencies of county government, the county legislative body shall create within the county a county public records commission, composed of at least six (6) members. The county mayor shall appoint three (3) members and the county legislative body shall confirm each appointee. Of the three (3) appointees, one (1) shall be a member of the county legislative body, one (1) shall be a judge of one of the courts of record or designee of such judge which holds court in the county and one (1) shall be a genealogist. The county clerk, or the designee of the county clerk, county register, or the designee of the county register, and the county historian shall be ex officio members of the commission. In counties having a duly appointed county archivist, that person shall also serve as an ex officio member of the commission. In counties having a technology department or information technology department, the county legislative body may designate the director of such department as an ex officio member of the commission, and if so designated, the director or designee of the director shall also serve as an ex officio member of the commission. Each elected member of the commission shall hold office during the term for which the member was elected to office. If a vacancy occurs in one (1) of the appointed positions, the county mayor shall appoint a person in the same manner as the original appointment.

§ 10-7-402. Organization of commission — Compensation — Meetings.

The county records commission shall elect a chair and a secretary and shall keep and preserve minutes of all its proceedings and transactions. Members of the commission shall receive no compensation, except that any member who does not receive a fixed annual salary from the state or the county may be paid a per diem of up to one hundred fifty dollars ($150) for each day of actual meeting. Members may be reimbursed for actual necessary expenses incurred in attendance upon their duties. The commission shall meet not less than twice annually.

§ 10-7-403. “Public records” defined.

“Public records” within the county shall be construed to mean:
1. (1) All documents, papers, records, books, and books of account in all county offices, including, but not limited to, the county clerk, the county register, the county trustee, the sheriff, the county assessor, the county mayor and county commissioners, if any;
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2. (2) The pleadings, documents, and other papers filed with the clerks of all courts, including the courts of record, general sessions courts, and former courts of justices of the peace, and the minute books and other records of these courts; and
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3. (3) The minutes and records of the county legislative body.

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§ 10-7-404. Destruction of public records authorized — Conditions prerequisite to destruction — Records manual.

(a) The county public records commission has the right to authorize the destruction of any and all public records as defined in § 10-7-403, which are required by law to be retained, when such records have been photocopied, photostated, filmed, microfilmed, or preserved by microphotographic process, as hereinafter provided; provided, that no record required by law to be permanently retained shall be destroyed without a majority vote of the commission. A county officer or judge of a court of record shall be entitled to prevent the destruction of documents, minutes, or records in the office or court, as appropriate. The requirement to photocopy, photostat, film, microfilm, or preserve by microphotographic process prior to destruction in accordance with this section shall not be required of “temporary records” and/or “working papers” as defined in § 10-7-301. The commission does not have the authority to authorize the destruction of any financial or other record which is determined by the comptroller of the treasury to be required for audit purposes until the pertinent audit has been completed. After the audit, disposition will be determined pursuant to procedures developed by the comptroller of the treasury; provided, that the commission shall not have the authority to authorize the destruction of any other record which is otherwise required by law to be retained.
(b) The county technical assistance service, a unit of the Institute for Public Service of the University of Tennessee, is authorized to compile and print manuals, in cooperation with the state library and archives, and the division of records management of the department of state, which shall be used as guides by all county public records commissions, county offices, and judges of courts of record, setting out which records shall or may be destroyed, and those which should not be destroyed, after photographing, photostating, filming, microfilming, or other microphotographic process. Until these manuals are available, the Tennessee county records manual compiled by the Tennessee state library and archives shall be used.
(c)
1. (1) In addition to the process in § 10-7-406 and notwithstanding subsection (a) or any other law to the contrary, the county public records commission may authorize the destruction or transfer of the original paper version of permanent records solely in accordance with subsection (d).
2. (2) If the county public records commission authorizes the destruction of the original paper version of permanent records solely in accordance with subsection (d), the original records must not be destroyed:
  1. (A) For one (1) year, if the record is created after May 13, 2021, and before July 1, 2022; and
  2. (B) For six (6) months, if the record is created on or after July 1, 2022, and before July 1, 2023.
(d)
1. (1) In addition to the foregoing procedure for the destruction of original public records, the county public records commission may, upon the request of any office or department head of county government having custody of public records, including court records, authorize the destruction or transfer of original public records which have been reproduced onto computer or removable computer storage media, in any appropriate electronic medium, in accordance with § 10-7-121 and this subsection (d). Notwithstanding subdivision (d)(2), an original paper version of a record required by law to be permanently retained must not be destroyed once reproduced in accordance with this subsection (d) without a majority vote of the county public records commission. Additionally, the county public records commission shall not order the destruction of such original public records which have been reproduced pursuant to this subsection (d) unless the county public records commission has complied with §§ 10-7-413 and 10-7-414. Prior to any order of destruction or transfer of any original public records pursuant to this subsection (d), the officer or department head having custody of such records shall advertise in a newspaper of general circulation in the county, and in counties having a population in excess of two hundred thousand (200,000), according to the 1990 federal census or any subsequent federal census, also in a weekly newspaper, that certain records of the office or department, to be described in the advertisement by title and year, have been electronically stored, reproduced and protected and that the office or department has applied for permission to no longer retain such originals. The authority to destroy original public records granted by this subsection (d) is not exclusive and shall not prevent the destruction of original public records where otherwise authorized.
2. (2) If the county public records commission fails to act upon a request of a county officer or department head having custody of public records to order the destruction or transfer of original public records after the same have been reproduced in accordance with this subsection (d) within six (6) months of receiving such a request in writing, then the county officer or department head may forward the request to the state library and archives, whereupon the state librarian and archivist, or designated representative, shall have authority to authorize the destruction or transfer of the public records instead of the county public records commission. Failure of the state library and archives to respond to the records disposal request of the county officer or department head within nine (9) months of receiving such a request shall authorize the county officer or department head to destroy the original public records which have been reproduced in accordance with any regulations on this subject promulgated by the secretary of state.
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10-7-406(a)(1)

§ 10-7-405. [Reserved.]

§ 10-7-406. Original records photographed in duplicate before destruction — Stored for safekeeping — Accessible to public.

(a)
1. (1) When the county public records commission, with the consent and concurrence of the officers and bodies, if any, as prescribed in § 10-7-404, decides to destroy the originals of any records required by law to be permanently kept, the commission shall cause the records to be photographed, microphotographed, filmed or microfilmed in duplicate. This duplication process shall result in permanent records of a quality at least as good as is prescribed by the minimum standards of quality for permanent photographic records made and established by the bureau of standards of the United States government. If a marginal release or other information on an old record has failed or has been obliterated to a degree that it is impossible to photograph, the same may be verified on the margin by the register before microfilming. One (1) copy of such reproduction shall be stored for safekeeping in a place selected by the commission and concurred in by the county legislative body.
2. (2) Such place shall be in the state if proper facilities are available, but, if not, then in a place outside the state.
3. (3) Such location shall be selected with a view of protection of the records from fire and all other hazards. The other copy of each document shall be kept in an office in the county accessible to the public and to the several county officers and the county clerks, together with the proper equipment for using, examining, exhibiting, projecting and enlarging the same wherever required and requested by the public during reasonable office hours. The records of each office may be kept in that office, or, if the commission so determines, all the reproduced records may be kept in one (1) central records office.
(b) Any public record defined as “temporary record” and/or “working papers” as defined in § 10-7-301 may be destroyed in accordance with the rules and regulations adopted by the commission without retaining the originals of such records.
(c) The purpose and intent of this chapter is to provide for the original recording of any and all instruments by photograph, photostat, film, microfilm or other microphotographic process. If any laws or part of laws as set forth in this chapter are in conflict with such purpose, such laws or part of laws to that extent are hereby repealed.

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10-7-404(c)(1)

§ 10-7-407. [Reserved.]

§ 10-7-408. Appropriation of funds — Filing fees.

(a) The county legislative body of any county which creates a county records commission has the power to appropriate such funds as may be required for the carrying out of the purposes of this chapter including, but not limited to, the purchase or leasing of equipment, the equipping of an office and the payment of the expenses thereof, the furnishing of secretaries and clerical help and the employment of expert advice and assistance.
(b)
1. (1) In any county, if the county legislative body creates a county records commission, then the county legislative body is authorized to:
  1. (A) Appropriate such funds as may be required for carrying out of the purposes of this chapter, including, but not limited to, the purchase or leasing of equipment, the equipping of an office and the payment of the expenses of the office, the furnishing of secretaries and clerical help, and the employment of expert advice and assistance;
  2. (B) Establish and collect, through all entities creating public records, as defined in § 10-7-403(1) and (3), except for the office of the county register, an archives and record management fee not to exceed five dollars ($5.00) per each record filed by the entities creating the public records; and
  3. (C) Establish and collect, through the clerks of court, an archives and record management fee not to exceed five dollars ($5.00) per public record, as defined in § 10-7-403(2), filed with the clerks of court for the purpose of initiating a legal proceeding.
2. (2) Funds collected through these fees must be designated exclusively for duplicating, storing, and maintaining any records required by law to be permanently kept.

§ 10-7-409. Charges for copies of records authorized.

The county records commission has the power to establish charges for and to collect such charges for making and furnishing or enlarging copies of records.

§ 10-7-410. Reproductions admissible as evidence.

Any reproduction of any record herein authorized to be made shall be deemed to be the original of the record so reproduced for all purposes, and any facsimile of such record duly certified to be such by the officer or clerk charged by law with the custody thereof shall be admissible as evidence in any court or proceeding in this state, and shall have the same force and effect as would the original of the document or a certified copy thereof if made from the original record, document or paper.

§ 10-7-411. Rules and regulations of commission.

(a) The county records commission has the authority to promulgate reasonable rules and regulations pertaining to the making, filing, storing, exhibiting and copying of the reproductions of records authorized by this chapter.
(b) Such rules and regulations shall provide, but not be limited to, the following:
1. (1) Standards and procedures for the reproduction of records for security or for disposal of original records in all county offices;
2. (2) Procedures for compiling and submitting to all county offices lists, schedules or time tables for disposition of particular records within the county; and
3. (3) Procedures for the physical destruction or other disposition of public records.
(c) All rules and regulations shall be approved by a majority of the voting members of the county public records commission. The chair of the commission shall sign all rules and regulations on behalf of the commission.

§ 10-7-412. Destruction of public records authorized — Terminated mortgages, deeds of trust, chattel mortgages.

The county records commission has the right to authorize the destruction of any and all public records as defined in § 10-7-403 pertaining to all mortgages and deeds of trust on personal property and chattel mortgages, the terms of which have expired or the conditions of which have been complied with in their entirety; provided, that no such document or record of the county register's office shall be destroyed without the consent of the county register; and provided further, that no such mortgages and deeds of trust on personal property and chattel mortgages shall be destroyed without a majority vote of the county records commission.

§ 10-7-413. Preservation of records of permanent value.

(a) Before any records other than “temporary records” and/or “working papers” as defined in § 10-7-301 are destroyed, after being so authorized by the county public records commission, ninety (90) days' notice shall be given to the state librarian and archivist, whereupon the state archivist or the archivist's representative shall examine the records approved for disposal and shall take into the archivist's possession, for preservation in the state library and archives, any records the archivist believes to be of value for permanent preservation. If a county public records commission does not receive a response from the state library and archives within nine (9) months of submitting the notice required under this subsection (a), the county public records commission may proceed with the destruction of the records which were the subject of the notice.
(b) The county public records commission has the right to authorize the lamination of certain original records such as wills, will books, deeds, deed books, marriage licenses, marriage bonds, marriage registers, and other records which are to be permanently preserved.

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§ 10-7-414. Transfer of records to institutions or to state library and archives to be held for historical purposes — Funds for transfer and maintenance of records.

(a) The county public records commission, after authorizing destruction of any public records and after examination of these records by the state librarian and archivist or the state librarian and archivist's representative in accordance with § 10-7-413, may authorize, by majority vote, to place any document or record which would otherwise be destroyed in the custody of a local or regional public library, a local, regional, or state college library, or the county or regional historical society, to be held for historical purposes.
(b) After custody of any document or record is given to any designated institution, the county public records commission, upon majority vote, may transfer custody of any document or record to another designated institution after giving one (1) month's notice to the institution originally designated. Further, upon request of the state librarian and archivist, the county public records commission may cause the transfer of any of the documents or records from a designated institution to the state library and archives.
(c) The county public records commission is authorized to expend funds appropriated by the governing body of the county for the purpose of transferring these documents and records, and may also expend funds so appropriated for maintenance of these documents and records at any of the designated institutions.

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10-7-404(d)(1)

Part 5 Miscellaneous Provisions

§ 10-7-501. Reproduction of state records on film.

The head of any department, commission, board, or agency of the state government may cause any or all records kept by such head or it to be photographed, microphotographed or reproduced on film; provided, that the microfilm project has been evaluated and approved by the division of records management of the department of state. Such photographic film shall comply with the minimum standards of quality approved for permanent photographic records by the national bureau of standards, and the device used to reproduce such records on film shall be one which accurately reproduces the original thereof in all details.

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56-1-903(a)(4)(H)

§ 10-7-502. Photographic copy deemed original record.

(a) Any photograph, microphotograph or photographic film of any state, county, or municipal public record is deemed to be an original record for all purposes, including introduction into evidence in all courts or administrative agencies.
(b) A transcript, exemplification, or certified copy thereof shall, for all purposes recited therein, be deemed to be a transcript, exemplification or certified copy of the original.

§ 10-7-503. Records open to public inspection — Establishment of written public records policy by county and municipal governmental entities — Injunction in cases of disruptive requests — Promulgation of rules regarding public records by state governmental entities — Destruction of public records.

(a)
1. (1) As used in this part and title 8, chapter 4, part 6:
  1. (A) “Public record or records” or “state record or records”:
    1. (i) Means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental entity; and
    2. (ii) Does not include the device or equipment, including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment, that may have been used to create or store a public record or state record;
  2. (B) “Public records request coordinator” means any individual within a governmental entity whose role it is to ensure that public records requests are routed to the appropriate records custodian and that requests are fulfilled in accordance with § 10-7-503(a)(2)(B); and
  3. (C) “Records custodian” means any office, official, or employee of any governmental entity lawfully responsible for the direct custody and care of a public record.
  1 Backlink
  - 56-2-125(d)(2)(A)(i)
2. (2)
  1. (A) All state, county and municipal records shall, at all times during business hours, which for public hospitals shall be during the business hours of their administrative offices, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law.
  2. (B) The custodian of a public record or the custodian's designee shall promptly make available for inspection any public record not specifically exempt from disclosure. In the event it is not practicable for the record to be promptly available for inspection, the custodian shall, within seven (7) business days:
    1. (i) Make the public record requested available to the requestor;
    2. (ii) Deny the request in writing or by completing a records request response form developed by the office of open records counsel. The response shall include the basis for the denial; or
    3. (iii) Furnish the requester in writing, or by completing a records request response form developed by the office of open records counsel, the time reasonably necessary to produce the record or information.
    1 Backlink
    
    10-7-503(a)(1)(B)
3. (3) Failure to respond to the request as described in subdivision (a)(2) shall constitute a denial and the person making the request shall have the right to bring an action as provided in § 10-7-505.
4. (4) This section does not require a governmental entity to sort through files to compile information into a new record or to create or recreate a record that does not exist. A request for inspection or copying of a public record must be sufficiently detailed to enable the governmental entity to identify responsive records for inspection and copying.
5. (5) Information made confidential by state law shall be redacted whenever possible, and the redacted record shall be made available for inspection and copying. The redaction of confidential information shall not constitute the creation of a new record. Costs associated with redacting records, including the cost of copies and staff time to provide redacted copies, shall be borne as provided by law.
6. (6) A governmental entity is prohibited from avoiding its disclosure obligations by contractually delegating its responsibility to a private entity.
7. (7)
  1. (A)
    1. (i) A governmental entity shall not require a written request or assess a charge to view a public record unless otherwise required by law. Requests to view public records may be submitted in person or by telephone, fax, mail, or email if the governmental entity uses such means of communication to transact official business, or via internet portal if the governmental entity maintains an internet portal that is used for accepting public records requests.
    2. (ii) A governmental entity may require a request for copies of public records to be:
      1. (a) In writing;
      2. (b) On a form that complies with subsection (c); or
      3. (c) On a form developed by the office of open records counsel.
    3. (iii) If a governmental entity does not require a request for copies to be in writing or on a form in accordance with subdivision (a)(7)(A)(ii), then a request for copies of public records may be submitted as provided in subdivision (a)(7)(A)(i).
    4. (iv) If a governmental entity requires a request to be in writing under subdivision (a)(7)(A)(ii)(a), the records custodian of the governmental entity shall accept any of the following:
      1. (a) A request submitted in person or by mail;
      2. (b) An email request if the governmental entity uses email to transact official business; and
      3. (c) A request submitted on an electronic form via internet portal if the governmental entity maintains an internet portal that is used for accepting public records requests.
    5. (v) If a governmental entity requires that a request for copies of public records be made on a form as provided in subdivision (a)(7)(A)(ii), then the governmental entity shall provide such form in the most expeditious means possible when the form is requested.
    6. (vi) A governmental entity may require a person making a request to view or make a copy of a public record to present a government-issued photo identification, if the person possesses photo identification, that includes the person's address. If a person does not possess photo identification, then the governmental entity may require other forms of identification evidencing the person's residency in this state.
    7. (vii) Notwithstanding any other law to the contrary:
      1. (a) If a person makes two (2) or more requests to view a public record within a six-month period and, for each request, the person fails to view the public record within fifteen (15) business days of receiving notification that the record is available to view, the governmental entity is not required to comply with any public records request from the person for a period of six (6) months from the date of the second request to view the public record unless the governmental entity determines failure to view the public record was for good cause; and
      2. (b) If a person makes a request for copies of a public record and, after copies have been produced, the person fails to pay to the governmental entity the cost for producing such copies, the governmental entity is not required to comply with any public records request from the person until the person pays for such copies; provided, that the person was provided with an estimated cost for producing the copies in accordance with subdivision (a)(7)(B)(ii) prior to producing the copies and the person agreed to pay the estimated cost for such copies.
    8. (viii) A requestor is not entitled to special or more expeditious access to records under this part due to the requestor's occupation or association with a specific profession.
    1 Backlink
    
    8-4-604(a)(1)(A)(ii)(c)
  2. (B)
    1. (i) A records custodian may require a requestor to pay the custodian's reasonable costs incurred in producing the requested material and to assess the reasonable costs in the manner established by the office of open records counsel pursuant to § 8-4-604.
    2. (ii) The records custodian shall provide a requestor an estimate of the reasonable costs to provide copies of the requested material.
  3. (C) [Repealed effective July 1, 2025.]
    1. (i) If a person makes a request to view or copy a public record with the intent to disrupt government operations, the records custodian charged with fulfilling the request may petition a court of record of competent jurisdiction for an order to enjoin the person from making records requests.
    2. (ii) A records custodian shall not petition a court for injunctive relief unless the records custodian has notified the person making the requests in writing stating the specific conduct that may constitute intent to disrupt government operations in violation of this subdivision (a)(7)(C) and the person has continued to engage in such conduct after the notification. The records custodian shall provide such notification after the fifth request by the person made with intent to disrupt government operations.
    3. (iii) After a petition is filed and while the case is pending, the records custodian shall continue to comply with this part, but if the records custodian prevails, the person making the requests shall reimburse the records custodian for the labor costs incurred by the records custodian in producing the records during the pendency of the case.
    4. (iv) A court may, upon finding by clear and convincing evidence that a records request was made with intent to disrupt government operations, enjoin the person who made the request from making a public records request for a period of up to one (1) year; provided, that the person, while subject to the injunction, may petition the same court for permission to make a public records request and the court may approve the petition if the petitioner shows that the public records request is not made with intent to disrupt government operations.
    5. (v) A records custodian who petitions a court for an injunction pursuant to this subdivision (a)(7)(C) shall provide a written report to the office of open records counsel that includes a copy of the petition and any injunction or orders issued by the court. The report must be filed no later than three (3) months after the petition is filed. If a final order has not been issued within three (3) months of the petition's filing, the records custodian shall provide the final order to the office of open records counsel as soon as reasonably possible after the final order is issued. The office of open records counsel shall include a summary of the reports received as part of the office's annual report required by § 8-4-603(b) and provide the summary to the advisory committee on open government.
    6. (vi) This subdivision (a)(7)(C) is repealed July 1, 2025.
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(b) [Deleted by 2020 amendment.]
(c)
1. (1) Except as provided in § 10-7-504(g), all law enforcement personnel records shall be open for inspection as provided in subsection (a); however, whenever the personnel records of a law enforcement officer are inspected as provided in subsection (a), the custodian shall make a record of such inspection and provide notice, within three (3) days from the date of the inspection, to the officer whose personnel records have been inspected:
  1. (A) That such inspection has taken place;
  2. (B) The name, address and telephone number of the person making such inspection;
  3. (C) For whom the inspection was made; and
  4. (D) The date of such inspection.
2. (2) Any person making an inspection of such records shall provide such person's name, address, business telephone number, home telephone number, driver license number or other appropriate identification prior to inspecting such records.
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- 10-7-504(g)(1)(B)
(d)
1. (1) As used in this subsection (d), “organization” means an association or nonprofit corporation authorized by the laws of this state that:
  1. (A) Was established for the benefit of local government officials or counties, cities, towns, or other local governments or as a municipal bond financing pool;
  2. (B) Receives dues, service fees, or any other income from local government officials or local governments that constitute at least thirty percent (30%) of its total annual income; and
  3. (C) Is authorized under state law to obtain coverage for its employees in the Tennessee consolidated retirement systems.
2. (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:
  1. (A) The comptroller of the treasury or the comptroller's designee audits the organization annually;
  2. (B) The cost of the audit is paid by the organization;
  3. (C) Each audit is completed as soon as practicable after the end of the fiscal year of the organization; and
  4. (D) In addition to other information required by the comptroller of the treasury, each audit contains:
    1. (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;
    2. (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;
    3. (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
    4. (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. (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. (4) The records of the following organizations are confidential and not subject to this subsection (d):
  1. (A) An organization that employs less than three (3) full-time staff members; and
  2. (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.
5. (5) Subdivisions (d)(2)(D)(i)-(iv) do not require the disclosure of compensation or remuneration paid to a lobbyist registered with the Tennessee ethics commission who is registered to lobby for other employers in addition to being registered to lobby for the organization.
6. (6) Subdivisions (d)(2)(D)(i)-(iv) do not require the disclosure of compensation or remuneration paid to an attorney who is employed by a law firm and performs legal work for other employers in addition to performing legal work for the organization. This subdivision (d)(6) does not prohibit a requestor from obtaining the amounts of compensation or remuneration paid to an attorney on behalf of a political subdivision if the requestor requests the information directly from the political subdivision.
(e) [Deleted by 2020 amendment.]
(f) All records, employment applications, credentials and similar documents obtained by any person in conjunction with an employment search for a director of schools or any chief public administrative officer shall at all times, during business hours, be open for personal inspection by any citizen of Tennessee, and those in charge of such records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. For the purposes of this subsection (f), the term “person” includes a natural person, corporation, firm, company, association or any other business entity.
(g)
1. (1) No later than July 1, 2018, every county and municipal governmental entity subject to this section shall establish a written public records policy properly adopted by the appropriate governing authority. The public records policy shall not impose requirements on those requesting records that are more burdensome than state law and shall include:
  1. (A) The process for making requests to inspect public records or receive copies of public records and a copy of any required request form;
  2. (B) The process for responding to requests, including redaction practices;
  3. (C) A statement of any fees charged for copies of public records and the procedures for billing and payment; and
  4. (D) The name or title and the contact information of the individual or individuals within such governmental entity designated as the public records request coordinator.
2. (2) No later than January 1, 2019, state governmental entities shall promulgate rules regarding public records, which must meet the requirements under subdivisions (g)(1)(A)-(D). Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act. Any written public records policy of a state governmental entity adopted prior to April 12, 2018, if any, remains in full force and effect until the state governmental entity adopts rules in accordance with this subdivision (g)(2).
(h)
1. (1) Notwithstanding any law to the contrary, a governmental entity shall not authorize the destruction of public records subject to disclosure under this part if the governmental entity knows the records are subject to a pending public record request submitted to the governmental entity.
2. (2) Prior to authorizing the destruction of public records, a governmental entity shall contact the public record request coordinator to ensure the records subject to destruction are not subject to any pending public record requests submitted to the governmental entity.
3. (3) A governmental entity that authorizes the destruction of public records in violation of this part may be fined up to five hundred dollars ($500) by a court of competent jurisdiction.
4. (4) A governmental entity is not liable under this subsection (h) for authorizing the destruction of public records if the governmental entity contacted the respective records custodian in accordance with subdivision (h)(2) and received notice from the records custodian that the records were not subject to a pending public record request.
5. (5) This subsection (h) does not absolve a public official from criminal liability for intentionally or knowingly altering or destroying a public record in violation of § 39-16-504.
6. (6) This subsection (h) does not prohibit a records custodian from disposing of public records in accordance with an established records retention schedule or records retention policy as part of the ordinary course of business when the records custodian is without knowledge that the records are subject to a pending public record request.
7. (7) Written or electronic correspondence regarding a public record request, including, without limitation, forms, emails, letters, facsimiles, and other attachments must be retained by the respective records custodian for not less than twelve (12) months. This subdivision (h)(7) does not apply to the public records subject to the request.

§ 10-7-504. Confidential records — Exceptions.

(a)
1. (1)
  1. (A) The medical records of patients in state, county, and municipal hospitals and medical facilities, and the medical records of persons receiving medical treatment, in whole or in part, at the expense of the state, county, or municipality, shall be treated as confidential and shall not be open for inspection by members of the public. Any records containing the source of body parts for transplantation or any information concerning persons donating body parts for transplantation shall be treated as confidential and shall not be open for inspection by members of the public. Individually identifiable health information collected, created, or prepared by the department of health shall be treated as confidential and shall not be open for inspection by members of the public; provided, however, that the department may disclose such information as authorized or required by law.
  2. (B) As used in this subdivision (a)(1), “individually identifiable health information” means information related to the physical or mental health of an individual and that explicitly or by implication identifies the individual who is the subject of the information, including by name, address, birth date, death date, admission or discharge date, telephone number, facsimile number, electronic mail address, social security number, medical record number, health plan beneficiary number, account number, certificate or license number, biometric identifier, or any other identifying number, characteristic, or code.
  1 Backlink
  - 68-55-204(d)
2. (2)
  1. (A) All investigative records of the Tennessee bureau of investigation, the office of inspector general, all criminal investigative files of the department of agriculture and the department of environment and conservation, all criminal investigative files of the motor vehicle enforcement division of the department of safety relating to stolen vehicles or parts, all criminal investigative files and records of the Tennessee alcoholic beverage commission, and all files of the handgun carry permit and driver license issuance divisions of the department of safety relating to bogus handgun carry permits and bogus driver licenses issued to undercover law enforcement agents shall be treated as confidential and shall not be open to inspection by members of the public. The information contained in such records shall be disclosed to the public only in compliance with a subpoena or an order of a court of record; provided, however, that such investigative records of the Tennessee bureau of investigation shall be open to inspection by elected members of the general assembly if such inspection is directed by a duly adopted resolution of either house or of a standing or joint committee of either house, or if such inspection is directed by a majority vote of the entire membership of an ad hoc committee appointed specifically to study unsolved civil rights crimes that occurred between 1938 and 1975 and that is composed only of elected members of the general assembly. Any record inspected pursuant to this exception shall maintain its confidentiality throughout the inspection. Records shall not be available to any member of the executive branch except to the governor and to those directly involved in the investigation in the specified agencies.
  2. (B) The records of the departments of agriculture and environment and conservation and the Tennessee alcoholic beverage commission referenced in subdivision (a)(2)(A) shall cease to be confidential when the investigation is closed by the department or commission or when the court in which a criminal prosecution is brought has entered an order concluding all proceedings and the opportunity for direct appeal has been exhausted; provided, however, that any identifying information about a confidential informant or undercover law enforcement agent shall remain confidential.
  3. (C) The Tennessee bureau of investigation, upon written request by an authorized person of a state governmental agency, is authorized to furnish and disclose to the requesting agency the criminal history, records and data from its files, and the files of the federal government and other states to which it may have access, for the limited purpose of determining whether a license or permit should be issued to any person, corporation, partnership or other entity, to engage in an authorized activity affecting the rights, property or interests of the public or segments thereof.
3. (3) The records, documents and papers in the possession of the military department which involve the security of the United States and/or the state of Tennessee, including, but not restricted to, national guard personnel records, staff studies and investigations, shall be treated as confidential and shall not be open for inspection by members of the public.
4. (4)
  1. (A) The records of students in public educational institutions shall be treated as confidential. Information in such records relating to academic performance, financial status of a student or the student's parent or guardian, medical or psychological treatment or testing shall not be made available to unauthorized personnel of the institution or to the public or any agency, except those agencies authorized by the educational institution to conduct specific research or otherwise authorized by the governing board of the institution, without the consent of the student involved or the parent or guardian of a minor student attending any institution of elementary or secondary education, except as otherwise provided by law or regulation pursuant thereto, and except in consequence of due legal process or in cases when the safety of persons or property is involved. The governing board of the institution, the department of education, and the Tennessee higher education commission shall have access on a confidential basis to such records as are required to fulfill their lawful functions. Statistical information not identified with a particular student may be released to any person, agency, or the public; and information relating only to an individual student's name, age, address, dates of attendance, grade levels completed, class placement and academic degrees awarded may likewise be disclosed.
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    49-6-4213(k)(1)
  2. (B) Notwithstanding subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by the federal Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g), an institution of post-secondary education shall disclose to an alleged victim of any crime of violence, as that term is defined in 18 U.S.C. § 16, or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.
  3. (C) Notwithstanding subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by FERPA, an institution of post-secondary education shall disclose the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence, as that term is defined in 18 U.S.C. § 16, or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institution's rules or policies with respect to such crime or offense.
  4. (D) For the purpose of this section, the final results of any disciplinary proceeding:
    1. (i) Shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student;
    2. (ii) May include the name of any other student, such as a victim or witness, only with the written consent of that other student; and
    3. (iii) Shall only apply to disciplinary hearings in which the final results were reached on or after October 7, 1998.
  5. (E) Notwithstanding subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by FERPA, an educational institution shall disclose information provided to the institution under [former] § 40-39-106 [repealed], concerning registered sex offenders who are required to register under [former] § 40-39-103 [repealed].
  6. (F) Notwithstanding subdivision (a)(4)(A) to the contrary, unless otherwise prohibited by FERPA, an institution of higher education shall disclose to a parent or legal guardian of a student information regarding any violation of any federal, state, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol, a controlled substance or a controlled substance analogue, regardless of whether that information is contained in the student's education records, if:
    1. (i) The student is under twenty-one (21) years of age;
    2. (ii) The institution determines that the student has committed a disciplinary violation with respect to such use or possession; and
    3. (iii) The final determination that the student committed such a disciplinary violation was reached on or after October 7, 1998.
  7. (G) Notwithstanding subdivision (a)(4)(A), § 37-5-107 or § 37-1-612, the institution shall release records to the parent or guardian of a victim or alleged victim of child abuse or child sexual abuse pursuant to § 37-1-403(i)(3) or § 37-1-605(d)(2). Any person or entity that is provided access to records under this subdivision (a)(4)(G) shall be required to maintain the records in accordance with state and federal laws and regulations regarding confidentiality.
  8. (H) [Terminated July 1, 2026.]
    1. (i) 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:
      1. (a) The person requesting the information obtains consent from the minor's parent or guardian;
      2. (b) The request is made subject to a court order; or
      3. (c) A law enforcement officer of another jurisdiction requests the record when necessary for the discharge of the law enforcement officer's official duties.
    2. (ii) Subdivision (a)(4)(H)(i) is terminated July 1, 2026.
  1 Backlink
  - 49-13-120(b)
5. (5)
  1. (A) The following books, records and other materials in the possession of the office of the attorney general and reporter which relate to any pending or contemplated legal or administrative proceeding in which the office of the attorney general and reporter may be involved shall not be open for public inspection:
    1. (i) Books, records or other materials which are confidential or privileged by state law;
    2. (ii) Books, records or other materials relating to investigations conducted by federal law enforcement or federal regulatory agencies, which are confidential or privileged under federal law;
    3. (iii) The work product of the attorney general and reporter or any attorney working under the attorney general and reporter's supervision and control;
    4. (iv) Communications made to or by the attorney general and reporter or any attorney working under the attorney general and reporter's supervision and control in the context of the attorney-client relationship; or
    5. (v) Books, records and other materials in the possession of other departments and agencies which are available for public inspection and copying pursuant to §§ 10-7-503 and 10-7-506. It is the intent of this section to leave subject to public inspection and copying pursuant to §§ 10-7-503 and 10-7-506 such books, records and other materials in the possession of other departments even though copies of the same books, records and other materials which are also in the possession of the office of the attorney general and reporter are not subject to inspection or copying in the office of the attorney general and reporter; provided, that such records, books and materials are available for copying and inspection in such other departments.
  2. (B) Books, records and other materials made confidential by this subsection (a) which are in the possession of the office of the attorney general and reporter shall be open to inspection by the elected members of the general assembly, if such inspection is directed by a duly adopted resolution of either house or of a standing or joint committee of either house and is required for the conduct of legislative business.
  3. (C) Except for subdivision (a)(5)(B), the books, records and materials made confidential or privileged by this subdivision (a)(5) shall be disclosed to the public only in the discharge of the duties of the office of the attorney general and reporter.
6. (6) State agency records containing opinions of value of real and personal property intended to be acquired for a public purpose shall not be open for public inspection until the acquisition thereof has been finalized. This shall not prohibit any party to a condemnation action from making discovery relative to values pursuant to the Rules of Civil Procedure as prescribed by law.
7. (7) Proposals received pursuant to personal service, professional service, and consultant service contract regulations, and related records, including evaluations and memoranda, shall be available for public inspection only after the completion of evaluation of same by the state. Sealed bids for the purchase of goods and services, and leases of real property, and individual purchase records, including evaluations and memoranda relating to same, shall be available for public inspection only after the completion of evaluation of same by the state.
  1 Backlink
  - 54-1-506
8. (8) All investigative records and reports of the internal affairs division of the department of correction or of the department of children's services shall be treated as confidential and shall not be open to inspection by members of the public. However, an employee of the department of correction or of the department of children's services shall be allowed to inspect such investigative records and reports if the records or reports form the basis of an adverse action against the employee. An employee of the department of correction shall also be allowed to inspect such investigative records of the internal affairs division of the department of correction, or relevant portion thereof, prior to a due process hearing at which disciplinary action is considered or issued unless the commissioner of correction specifically denies in writing the employee's request to examine such records prior to the hearing. The release of reports and records shall be in accordance with the Tennessee Rules of Civil Procedure. The court or administrative judge having jurisdiction over the proceedings shall issue appropriate protective orders, when necessary, to ensure that the information is disclosed only to appropriate persons. The information contained in such records and reports shall be disclosed to the public only in compliance with a subpoena or an order of a court of record.
9. (9)
  1. (A) Official health certificates, collected and maintained by the state veterinarian pursuant to rule chapter 0080-2-1 of the department of agriculture, shall be treated as confidential and shall not be open for inspection by members of the public.
  2. (B) Any data or records provided to or collected by the department of agriculture pursuant to the implementation and operation of premise identification or animal tracking programs shall be considered confidential and shall not be open for inspection by members of the public. Likewise, all contingency plans prepared concerning the department's response to agriculture-related homeland security events shall be considered confidential and shall not be open for inspection by members of the public. The department may disclose data or contingency plans to aid the law enforcement process or to protect human or animal health.
  3. (C) Information received by the state that is required by federal law or regulation to be kept confidential shall be exempt from public disclosure and shall not be open for inspection by members of the public.
10. (10)
  1. (A) The capital plans, marketing information, proprietary information and trade secrets submitted to the Tennessee venture capital network at Middle Tennessee State University shall be treated as confidential and shall not be open for inspection by members of the public.
  2. (B) As used in this subdivision (a)(10), unless the context otherwise requires:
    1. (i) “Capital plans” means plans, feasibility studies, and similar research and information that will contribute to the identification of future business sites and capital investments;
    2. (ii) “Marketing information” means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships;
    3. (iii) “Proprietary information” means commercial or financial information which is used either directly or indirectly in the business of any person or company submitting information to the Tennessee venture capital network at Middle Tennessee State University, and which gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information; and
    4. (iv) “Trade secrets” means manufacturing processes, materials used therein, and costs associated with the manufacturing process of a person or company submitting information to the Tennessee venture capital network at Middle Tennessee State University.
11. (11) Records that are of historical research value which are given or sold to public archival institutions, public libraries, or libraries of a unit of the Tennessee board of regents or the University of Tennessee, when the owner or donor of such records wishes to place restrictions on access to the records shall be treated as confidential and shall not be open for inspection by members of the public. This exemption shall not apply to any records prepared or received in the course of the operation of state or local governments.
12. (12) Personal information contained in motor vehicle records shall be treated as confidential and shall only be open for inspection in accordance with title 55, chapter 25.
13. (13)
  1. (A) All memoranda, work notes or products, case files and communications related to mental health intervention techniques conducted by mental health professionals in a group setting to provide job-related critical incident counseling and therapy to law enforcement officers, county and municipal correctional officers, dispatchers, emergency medical technicians, emergency medical technician-paramedics, and firefighters, both volunteer and professional, are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless all parties waive such privilege. In order for such privilege to apply, the incident counseling and/or therapy shall be conducted by a qualified mental health professional as defined in § 33-1-101.
  2. (B) For the purposes of this section, “group setting” means that more than one (1) person is present with the mental health professional when the incident counseling and/or therapy is being conducted.
  3. (C) All memoranda, work notes or products, case files and communications pursuant to this section shall not be construed to be public records pursuant to this chapter.
  4. (D) Nothing in this section shall be construed as limiting a licensed professional's obligation to report suspected child abuse or limiting such professional's duty to warn about dangerous individuals as provided under §§ 33-3-206 — 33-3-209, or other provisions relevant to the mental health professional's license.
  5. (E) Nothing in this section shall be construed as limiting the ability of a patient or client, or such person's survivor, to discover under the Rules of Civil Procedure or to admit in evidence under the Rules of Evidence any memoranda, work notes or products, case files and communications which are privileged by this section and which are relevant to a health care liability action or any other action by a patient against a mental health professional arising out of the professional relationship. In such an action against a mental health professional, neither shall anything in this section be construed as limiting the ability of the mental health professional to so discover or admit in evidence such memoranda, work notes or products, case files and communications.
14. (14) All riot, escape and emergency transport plans which are incorporated in a policy and procedures manual of county jails and workhouses or prisons operated by the department of correction or under private contract shall be treated as confidential and shall not be open for inspection by members of the public.
15. (15)
  1. (A) As used in this subdivision (a)(15), unless the context otherwise requires:
    1. (i) “Identifying information” means the home and work addresses and telephone numbers, social security number, and any other information that could reasonably be used to locate the whereabouts of an individual;
    2. (ii) “Protection document” means:
      1. (a) An order of protection issued pursuant to title 36, chapter 3, part 6, that has been granted after proper notice and an opportunity to be heard;
      2. (b) A similar order of protection issued by the court of another jurisdiction;
      3. (c) An extension of an ex parte order of protection granted pursuant to § 36-3-605(a);
      4. (d) A similar extension of an ex parte order of protection granted by a court of competent jurisdiction in another jurisdiction;
      5. (e) A restraining order issued by a court of competent jurisdiction prohibiting violence against the person to whom it is issued;
      6. (f) A court order protecting the confidentiality of certain information issued upon the request of a district attorney general to a victim or witness in a criminal case, whether pending or completed; and
      7. (g) An affidavit from the director of a rape crisis center, domestic violence shelter, or human trafficking service provider, as defined in § 36-3-623, certifying that an individual is a victim in need of protection; provided, that such affidavit is on a standardized form to be developed and distributed to such centers, shelters, and providers by the Tennessee task force against domestic violence; and
    3. (iii) “Utility service provider” means any entity, whether public or private, that provides electricity, natural gas, water, or telephone service to customers on a subscription basis, whether or not regulated by the Tennessee public utility commission.
  2. (B) If the procedure set out in this subdivision (a)(15) is followed, identifying information compiled and maintained by a utility service provider concerning a person who has obtained a valid protection document shall be treated as confidential and not open for inspection by the public.
  3. (C) For subdivision (a)(15)(B) to be applicable, a copy of the protection document must be presented during regular business hours by the person to whom it was granted to the records custodian of the utility service provider whose records such person seeks to make confidential, and such person must request that all identifying information about such person be maintained as confidential.
  4. (D) The protection document must at the time of presentation be in full force and effect. The records custodian may assume that a protection document is in full force and effect if it is on the proper form and if on its face it has not expired.
  5. (E) Upon being presented with a valid protection document, the records custodian shall accept receipt of it and maintain it in a separate file containing in alphabetical order all protection documents presented to such records custodian pursuant to this subdivision (a)(15). Nothing in this subdivision (a)(15) shall be construed as prohibiting a records custodian from maintaining an electronic file of such protection documents provided the records custodian retains the original document presented.
  6. (F) Identifying information concerning a person that is maintained as confidential pursuant to this subdivision (a)(15) shall remain confidential until the person who requested such confidentiality notifies in person the records custodian of the appropriate utility service provider that there is no longer a need for such information to remain confidential. A records custodian receiving such notification shall remove the protection document concerning such person from the file maintained pursuant to subdivision (a)(15)(E), and the identifying information about such person shall be treated in the same manner as the identifying information concerning any other customer of the utility. Before removing the protection document and releasing any identifying information, the records custodian of the utility service provider shall require that the person requesting release of the identifying information maintained as confidential produce sufficient identification to satisfy such custodian that that person is the same person as the person to whom the document was originally granted.
  7. (G) After July 1, 1999, if information is requested from a utility service provider about a person other than the requestor and such request is for information that is in whole or in part identifying information, the records custodian of the utility service provider shall check the separate file containing all protection documents that have been presented to such utility. If the person about whom information is being requested has presented a valid protection document to the records custodian in accordance with the procedure set out in this subdivision (a)(15), and has requested that identifying information about such person be maintained as confidential, the records custodian shall redact or refuse to disclose to the requestor any identifying information about such person.
  8. (H) Nothing in this subdivision (a)(15) shall prevent the district attorney general and counsel for the defendant from providing to each other in a pending criminal case, where the constitutional rights of the defendant require it, information which otherwise would be held confidential under this subdivision (a)(15).
  1 Backlink
  - 40-38-606(e)
16. (16)
  1. (A) As used in this subdivision (a)(16), unless the context otherwise requires:
    1. (i) “Governmental entity” means the state of Tennessee and any county, municipality, city or other political subdivision of the state of Tennessee;
    2. (ii) “Identifying information” means the home and work addresses and telephone numbers, social security number, and any other information that could reasonably be used to locate the whereabouts of an individual;
    3. (iii) “Protection document” means:
      1. (a) An order of protection issued pursuant to title 36, chapter 3, part 6, that has been granted after proper notice and an opportunity to be heard;
      2. (b) A similar order of protection issued by the court of another jurisdiction;
      3. (c) An extension of an ex parte order of protection granted pursuant to § 36-3-605(a);
      4. (d) A similar extension of an ex parte order of protection granted by a court of competent jurisdiction in another jurisdiction;
      5. (e) A restraining order issued by a court of competent jurisdiction prohibiting violence against the person to whom it is issued;
      6. (f) A court order protecting the confidentiality of certain information issued upon the request of a district attorney general to a victim or witness in a criminal case, whether pending or completed; and
      7. (g) An affidavit from the director of a rape crisis center or domestic violence shelter certifying that an individual is a victim in need of protection; provided, that such affidavit is on a standardized form to be developed and distributed to such centers and shelters by the Tennessee task force against domestic violence.
  2. (B) If the procedure set out in this subdivision (a)(16) is followed, identifying information compiled and maintained by a governmental entity concerning a person who has obtained a valid protection document may be treated as confidential and may not be open for inspection by the public.
  3. (C) For subdivision (a)(16)(B) to be applicable, a copy of the protection document must be presented during regular business hours by the person to whom it was granted to the records custodian of the governmental entity whose records such person seeks to make confidential, and such person must request that all identifying information about such person be maintained as confidential.
  4. (D) The protection document presented must at the time of presentation be in full force and effect. The records custodian may assume that a protection document is in full force and effect if it is on the proper form and if on its face it has not expired.
  5. (E) Upon being presented with a valid protection document, the record custodian may accept receipt of it. If the records custodian does not accept receipt of such document, the records custodian shall explain to the person presenting the document why receipt cannot be accepted and that the identifying information concerning such person will not be maintained as confidential. If the records custodian does accept receipt of the protection document, such records custodian shall maintain it in a separate file containing in alphabetical order all protection documents presented to such custodian pursuant to this subdivision (a)(16). Nothing in this subdivision (a)(16) shall be construed as prohibiting a records custodian from maintaining an electronic file of such protection documents; provided, that the custodian retains the original document presented.
  6. (F) Identifying information concerning a person that is maintained as confidential pursuant to this subdivision (a)(16) shall remain confidential until the person requesting such confidentiality notifies in person the appropriate records custodian of the governmental entity that there is no longer a need for such information to remain confidential. A records custodian receiving such notification shall remove the protection document concerning such person from the file maintained pursuant to subdivision (a)(16)(E), and the identifying information about such person shall be treated in the same manner as identifying information maintained by the governmental entity about other persons. Before removing the protection document and releasing any identifying information, the records custodian of the governmental entity shall require that the person requesting release of the identifying information maintained as confidential produce sufficient identification to satisfy such records custodian that that person is the same person as the person to whom the document was originally granted.
  7. (G)
    1. (i) After July 1, 1999, if:
      1. (a) Information is requested from a governmental entity about a person other than the person making the request;
      2. (b) Such request is for information that is in whole or in part identifying information; and
      3. (c) The records custodian of the governmental entity to whom the request was made accepts receipt of protection documents and maintains identifying information as confidential;
    2. (ii) then such records custodian shall check the separate file containing all protection documents that have been presented to such entity. If the person about whom information is being requested has presented a valid protection document to the records custodian in accordance with the procedure set out in this subdivision (a)(16), and has requested that identifying information about such person be maintained as confidential, the records custodian shall redact or refuse to disclose to the requestor any identifying information about such person.
  8. (H) Nothing in this subdivision (a)(16) shall prevent the district attorney general and counsel for the defendant from providing to each other in a pending criminal case, where the constitutional rights of the defendant require it, information which otherwise may be held confidential under this subdivision (a)(16).
  9. (I) In an order of protection case, any document required for filing, other than the forms promulgated by the supreme court pursuant to § 36-3-604(b), shall be treated as confidential and kept under seal except that the clerk may transmit any such document to the Tennessee bureau of investigation, 911 service or emergency response agency or other law enforcement agency.
17. (17) The telephone number, address, and any other information which could be used to locate the whereabouts of a domestic violence shelter, family safety center, rape crisis center, or human trafficking service provider, as defined in § 36-3-623, may be treated as confidential by a governmental entity, and shall be treated as confidential by a utility service provider, as defined in subdivision (a)(15), upon the director of the shelter, family safety center, crisis center, or human trafficking service provider giving written notice to the records custodian of the appropriate entity or utility that such shelter, family safety center, crisis center, or human trafficking service provider desires that such identifying information be maintained as confidential. The records of family safety centers shall be treated as confidential in the same manner as the records of domestic violence shelters pursuant to § 36-3-623.
18. (18) Computer programs, software, software manuals, and other types of information manufactured or marketed by persons or entities under legal right and sold, licensed, or donated to Tennessee state boards, agencies, political subdivisions, or higher education institutions shall not be open to public inspection; provided, that computer programs, software, software manuals, and other types of information produced by state or higher education employees at state expense shall be available for inspection as part of an audit or legislative review process.
19. (19) Credit card account numbers and any related personal identification numbers (PIN) or authorization codes in the possession of the state or a political subdivision thereof shall be maintained as confidential and shall not be open for inspection by members of the public.
20. (20)
  1. (A) For the purposes of this subdivision (a)(20), the following terms shall have the following meaning:
    1. (i) “Consumer” means any person, partnership, limited partnership, corporation, professional corporation, limited liability company, trust, or any other entity, or any user of a utility service;
    2. (ii) “Municipal” and “municipality” means a county, metropolitan government, incorporated city, town of the state, or utility district as created in title 7, chapter 82;
    3. (iii) “Private records” means a credit card number, social security number, tax identification number, financial institution account number, burglar alarm codes, security codes, access codes, and consumer-specific energy and water usage data except for aggregate monthly billing information; and
    4. (iv) “Utility” includes any public electric generation system, electric distribution system, water storage or processing system, water distribution system, gas storage system or facilities related thereto, gas distribution system, wastewater system, telecommunications system, or any services similar to any of the foregoing.
  2. (B) The private records of any utility shall be treated as confidential and shall not be open for inspection by members of the public.
  3. (C) Information made confidential by this subdivision (a)(20) shall be redacted wherever possible and nothing in this subdivision (a)(20) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains confidential information. For purposes of this subdivision (a)(20) only, it shall be presumed that redaction of such information is possible. The entity requesting the records shall pay all reasonable costs associated with redaction of materials.
  4. (D) Nothing in this subdivision (a)(20) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions.
  5. (E) Nothing in this subdivision (a)(20) shall be construed to limit access to information made confidential under this subdivision (a)(20), when the consumer expressly authorizes the release of such information.
21. (21)
  1. (A) The following records shall be treated as confidential and shall not be open for public inspection:
    1. (i) Records that would allow a person to identify areas of structural or operational vulnerability of a utility service provider or that would permit unlawful disruption to, or interference with, the services provided by a utility service provider;
    2. (ii) All contingency plans of a governmental entity prepared to respond to or prevent any violent incident, bomb threat, ongoing act of violence at a school or business, ongoing act of violence at a place of public gathering, threat involving a weapon of mass destruction, or terrorist incident.
  2. (B) Documents concerning the cost of governmental utility property, the cost of protecting governmental utility property, the cost of identifying areas of structural or operational vulnerability of a governmental utility, the cost of developing contingency plans for a governmental entity, and the identity of vendors providing goods or services to a governmental entity in connection with the foregoing shall not be confidential. However, any documents relating to these subjects shall not be made available to the public unless information that is confidential under this subsection (a) or any other provision of this chapter has been redacted or deleted from the documents.
  3. (C) As used in this subdivision (a)(21):
    1. (i) “Governmental entity” means the state of Tennessee or any county, municipality, city or other political subdivision of the state of Tennessee;
    2. (ii) “Governmental utility” means a utility service provider that is also a governmental entity; and
    3. (iii) “Utility service provider” means any entity, whether public or private, that provides electric, gas, water, sewer or telephone service, or any combination of the foregoing, to citizens of the state of Tennessee, whether or not regulated by the Tennessee public utility commission.
  4. (D) Nothing in this subdivision (a)(21) shall be construed to limit access to these records by other governmental agencies performing official functions or to preclude any governmental agency from allowing public access to these records in the course of performing official functions.
22. (22) The following records shall be treated as confidential and shall not be open for public inspection:
  1. (A) The audit working papers of the comptroller of the treasury and state, county and local government internal audit staffs conducting audits as authorized by § 4-3-304. For purposes of this subdivision (a)(22) “audit working papers” includes, but is not limited to, auditee records, intra-agency and interagency communications, draft reports, schedules, notes, memoranda and all other records relating to an audit or investigation;
    1 Backlink
    
    71-1-105(a)(16)(B)(iii)
  2. (B) All information and records received or generated by the comptroller of the treasury containing allegations of unlawful conduct or fraud, waste or abuse;
  3. (C) All examinations administered by the comptroller of the treasury as part of the assessment certification and education program, including, but not limited to, the total bank of questions from which the tests are developed, the answers, and the answer sheets of individual test takers; and
  4. (D) Survey records, responses, data, identifying information as defined in subdivision (a)(15), intra-agency and interagency communications, and other records received to serve as input for any survey created, obtained, or compiled by the comptroller of the treasury; provided, however, this subdivision (a)(22)(D) shall not apply to any survey conducted by the office of open records counsel, created by § 8-4-601.
23. (23) All records containing the results of individual teacher evaluations administered pursuant to the policies, guidelines, and criteria adopted by the state board of education under § 49-1-302 shall be treated as confidential and shall not be open to the public. Nothing in this subdivision (a)(23) shall be construed to prevent the LEA, public charter school, state board of education, or department of education from accessing and utilizing such records as required to fulfill their lawful functions. Lawful functions shall include the releasing of such records to parties conducting research in accordance with § 49-1-606(b).
24. (24) All proprietary information provided to the alcoholic beverage commission shall be treated as confidential and shall not be open for inspection by members of the public. As used in this subdivision (a)(24), “proprietary information” means commercial or financial information which is used either directly or indirectly in the business of any person or company submitting information to the alcoholic beverage commission and which gives such person an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information.
25. (25) A voluntary association that establishes and enforces bylaws or rules for interscholastic sports competition for secondary schools in this state shall have access to records or information from public, charter, non-public, other schools, school officials and parents or guardians of school children as is required to fulfill its duties and functions. Records or information relating to academic performance, financial status of a student or the student's parent or guardian, medical or psychological treatment or testing, and personal family information in the possession of such association shall be confidential.
26. (26)
  1. (A) Job performance evaluations of the following employees shall be treated as confidential and shall not be open for public inspection:
    1. (i) Employees of the department of treasury;
    2. (ii) Employees of the comptroller of the treasury;
    3. (iii) Employees of the secretary of state's office; and
    4. (iv) Employees of public institutions of higher education.
  2. (B) For purposes of this subdivision (a)(26), “job performance evaluations” includes, but is not limited to, job performance evaluations completed by supervisors, communications concerning job performance evaluations, self-evaluations of job performance prepared by employees, job performance evaluation scores, drafts, notes, memoranda, and all other records relating to job performance evaluations.
  3. (C) Nothing in this subdivision (a)(26) shall be construed to limit access to those records by law enforcement agencies, courts, or other governmental agencies performing official functions.
27. (27) E-mail addresses collected by the department of state's division of business services, except those that may be contained on filings submitted pursuant to title 47, chapter 9, or § 55-3-126(f), shall be treated as confidential and shall not be open to inspection by members of the public.
28. (28) Proposals and statements of qualifications received by a local government entity in response to a personal service, professional service, or consultant service request for proposals or request for qualifications solicitation, and related records, including, but not limited to, evaluations, names of evaluation committee members, and all related memoranda or notes, shall not be open for public inspection until the intent to award the contract to a particular respondent is announced.
29. (29)
  1. (A) No governmental entity shall publicly disclose personally identifying information of any citizen of the state unless:
    1. (i) Permission is given by the citizen;
    2. (ii) Distribution is authorized under state or federal law; or
    3. (iii) Distribution is made:
      1. (a) To a consumer reporting agency as defined by the federal Fair Credit Reporting Act (15 U.S.C. §§ 1681 et seq.);
      2. (b) To a financial institution subject to the privacy provisions of the federal Gramm Leach Bliley Act (15 U.S.C. § 6802); or
      3. (c) To a financial institution subject to the International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 (31 U.S.C. §§ 5311 et seq.).
  2. (B)
    1. (i) This subdivision (a)(29) does not prohibit the use of personally identifying information by a governmental entity in the performance of its functions or the disclosure of personally identifying information to another governmental entity, or an agency of the federal government, or a private person or entity that has been authorized to perform certain duties as a contractor of the governmental entity.
    2. (ii) Any person or entity receiving personally identifying information from a governmental entity shall be subject to the same confidentiality provisions as the disclosing entity; provided, however, that the confidentiality provisions applicable to a consumer reporting agency or financial institution as defined in subdivision (a)(29)(A)(iii) shall be governed by federal law.
  3. (C) For purposes of this subdivision (a)(29), “personally identifying information” means:
    1. (i) Social security numbers;
    2. (ii) Official state or government issued driver licenses or identification numbers;
    3. (iii) Alien registration numbers or passport numbers;
    4. (iv) Employer or taxpayer identification numbers;
    5. (v) Unique biometric data, such as fingerprints, voice prints, retina or iris images, or other unique physical representations; or
    6. (vi) Unique electronic identification numbers, routing codes or other personal identifying data which enables an individual to obtain merchandise or service or to otherwise financially encumber the legitimate possessor of the identifying data.
    1 Backlink
    
    66-29-178(a)
  2 Backlinks
  - 10-7-515(g)
  - 10-7-515(h)
30. (30)
  1. (A) Proprietary information, trade secrets, and marketing information submitted to any food-based business incubation service provider created by a municipality shall be treated as confidential and shall not be open for inspection by members of the public.
  2. (B) As used in this subdivision (a)(30):
    1. (i) “Proprietary information”:
      1. (a) Means commercial or financial information that is used either directly or indirectly in the business of any person or company submitting information to a food-based business incubation service provider, and that gives such person or company an advantage or an opportunity to obtain an advantage over competitors who do not know or use such information; and
      2. (b) Does not include lease agreements with the incubation service provider, the identity of businesses or persons using the incubation service provider's services, amounts paid to the incubation service provider by businesses or persons for use of facilities or for other services, or financial records of the incubation service provider;
    2. (ii) “Marketing information” means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships; and
    3. (iii) “Trade secret” means a manufacturing process, materials used therein, and costs associated with the manufacturing process of any person or company submitting information to a food-based business incubation service provider.
31. (31) [Expires effective June 30, 2026.]
  1. (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.
  2. (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:
    1. (i) Any person named in the motor vehicle accident report;
    2. (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;
    3. (iii) The owner of any real property listed in the report; or
    4. (iv) Any person or entity authorized to obtain motor vehicle records information pursuant to § 55-25-107(b)(1), (b)(6), or (b)(9).
    2 Backlinks
    
    11-1-102(c)(3)(B)(i)(c)
    55-10-108(h)
  3. (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.
  4. (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.
  5. (E) For purposes of this subdivision (a)(31), “personally identifying information” means:
    1. (i) Street addresses and zip codes;
    2. (ii) Telephone numbers;
    3. (iii) Driver license numbers; and
    4. (iv) Insurance information.
  6. (F) This subdivision (a)(31) is repealed June 30, 2026.
  2 Backlinks
  - 55-10-108(d)
  - 55-10-108(f)(1)
32. (32) [Expires effective July 1, 2026.]
  1. (A) 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. As used in this subdivision (a)(32):
    1. (i) “Automatic license plate reader system” means one (1) or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to convert images of license plates into computer-readable data; and
    2. (ii) “Captured plate data” means global positioning system coordinates, date and time information, photographs, license plate numbers, and any other data captured by or derived from any automatic license plate reader system.
  2. (B) This subdivision (a)(32) is repealed effective July 1, 2026.
33. (33) [Expires effective July 1, 2027.]
  1. (A) All records containing proprietary information provided to the department of environment and conservation by a commercial service provider who conducts commercial operations on a park as defined in § 11-3-101 are confidential and are not to be open for inspection by members of the public. As used in this subdivision (a)(33), “proprietary information” means commercial or financial information that is used either directly or indirectly in the business of a person or company submitting information to the department of environment and conservation and that gives the person an advantage or an opportunity to obtain an advantage over competitors who do not know of or use the information.
  2. (B) Subdivision (a)(33)(A) does not limit:
    1. (i) Access to information made confidential pursuant to subdivision (a)(33)(A):
      1. (a) By law enforcement agencies, courts, or other governmental agencies performing official functions; or
      2. (b) When a commercial service provider expressly authorizes the release of the information; or
    2. (ii) The release of a record made confidential pursuant to subdivision (a)(33)(A) to persons identified within the record, unless the record is subject to a legal privilege against disclosure.
  3. (C) Records provided to the department of environment and conservation in connection with an agreement governed by § 11-3-111 are not subject to subdivision (a)(33)(A).
  4. (D) This subdivision (a)(33) is repealed effective July 1, 2027.
(34) [Expires effective July 1, 2028.]
1. (A) All records provided to the wildlife resources agency pursuant to § 69-9-227(c)(2) by an outfitter who leases or rents nonmotorized vessels for noncommercial use by the public on the waters of Tennessee are confidential and are not to be open for inspection by members of the public, including, but not limited to, information on the number and type of nonmotorized vessels leased each day and daily ridership data.
2. (B) Subdivision (a)(34)(A) does not limit:
  1. (i) Access to information made confidential pursuant to subdivision (a)(34)(A):
    1. (a) By law enforcement agencies, courts, or other governmental agencies performing official functions; or
    2. (b) When an outfitter expressly authorizes the release of the information;
  2. (ii) The release of a record made confidential pursuant to subdivision (a)(34)(A) to persons identified within the record, unless the record is subject to a legal privilege against disclosure; or
  3. (iii) The use of a record otherwise made confidential pursuant to subdivision (a)(34)(A) by the wildlife resources agency or fish and wildlife commission, so long as the record is only used in the aggregate in agency reports and records as defined in § 69-9-227(a), including in the administration of authority granted under § 69-9-227(b)(1).
3. (C) This subdivision (a)(34) is repealed effective July 1, 2028.
(b) Any record designated “confidential” shall be so treated by agencies in the maintenance, storage and disposition of such confidential records. These records shall be destroyed in such a manner that they cannot be read, interpreted or reconstructed. The destruction shall be in accordance with an approved records disposition authorization from the public records commission.
(c) Notwithstanding any law to the contrary, any confidential public record in existence more than seventy (70) years shall be open for public inspection by any person unless disclosure of the record is specifically prohibited or restricted by federal law or unless the record is a record of services for a person for mental illness or intellectual and developmental disabilities. This section does not apply to a record concerning an adoption or a record maintained by the office of vital records or by the Tennessee bureau of investigation. For the purpose of providing an orderly schedule of availability for access to such confidential public records for public inspection, all records created and designated as confidential prior to January 1, 1901, shall be open for public inspection on January 1, 1985. All other public records created and designated as confidential after January 1, 1901 and which are seventy (70) years of age on January 1, 1985, shall be open for public inspection on January 1, 1986; thereafter all such records shall be open for public inspection pursuant to this part after seventy (70) years from the creation date of such records.
(d) Records of any employee's identity, diagnosis, treatment, or referral for treatment that are maintained by any state or local government employee assistance program shall be confidential; provided, that any such records are maintained separately from personnel and other records regarding such employee that are open for inspection. For purposes of this subsection (d), “employee assistance program” means any program that provides counseling, problem identification, intervention, assessment, or referral for appropriate diagnosis and treatment, and follow-up services to assist employees of such state or local governmental entity who are impaired by personal concerns including, but not limited to, health, marital, family, financial, alcohol, drug, legal, emotional, stress or other personal concerns which may adversely affect employee job performance.
(e) Unpublished telephone numbers in the possession of emergency communications districts created pursuant to title 7, chapter 86, or the emergency communications board created pursuant to § 7-86-302 or its designated agent shall be treated as confidential and shall not be open for inspection by members of the public until such time as any provision of the service contract between the telephone service provider and the consumer providing otherwise is effectuated; provided, that addresses held with such unpublished telephone numbers, or addresses otherwise collected or compiled, and in the possession of emergency communications districts created pursuant to title 7, part 86, or the emergency communications board created pursuant to § 7-86-302 or its designated agent shall be made available upon written request to any county election commission for the purpose of compiling a voter mailing list for a respective county.
(f) [Effective until July 1, 2026. See the version effective on July 1, 2026.]
1. (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:
  1. (A) Home telephone and personal cell phone numbers;
  2. (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;
  3. (C) Social security number;
  4. (D)
    1. (i) Residential information, including the street address, city, state and zip code, for any state employee; and
    2. (ii) Residential street address for any county, municipal or other public employee;
  5. (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;
  6. (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;
  7. (G) Emergency contact information, except for that information open to public inspection in accordance with subdivision (f)(1)(D)(ii); and
  8. (H) Personal, nongovernment issued, email address.
2. (2) Information made confidential by this subsection (f) shall be redacted wherever possible and nothing in this subsection (f) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information.
3. (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. (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. (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.
6. (6) Notwithstanding any provision to the contrary, the bank account information for any state, county, municipal, or other public employee, former employee or applicant to such position, or any law enforcement officer commissioned pursuant to § 49-7-118, that is received, compiled or maintained by the department of treasury, shall be confidential and not open for inspection by members of the public, regardless of whether the employee is employed by the department of treasury. The bank account information that shall be kept confidential shall include, but not be limited to bank account numbers, transit routing numbers and the name of the financial institutions.
7. (7) Notwithstanding any provision to the contrary, the following information that is received, compiled or maintained by the department of treasury relating to the department's investment division employees who are so designated in writing by the state treasurer shall be kept confidential and not open for inspection by members of the public: holdings reports, confirmations, transaction reports and account statements relative to securities, investments or other assets disclosed by the employee to the employer, or authorized by the employee to be released to the employer directly or otherwise.
8. (8)
  1. (A) Any person required by law to treat information described in subdivision (f)(1)(D) as confidential commits an offense if such information pertains to a law enforcement officer or a county corrections officer and:
    1. (i) The person acts with criminal negligence, as defined in § 39-11-106, in releasing the information to the public; or
    2. (ii) The person knows the information is to be treated as confidential and intentionally releases the information to the public.
  2. (B)
    1. (i) A violation of subdivision (f)(8)(A)(i) is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500).
    2. (ii) A violation of subdivision (f)(8)(A)(ii) is a Class A misdemeanor.
  3. (C) Subdivision (f)(8)(A) shall not apply if:
    1. (i) The law enforcement officer or county corrections officer whose information is treated as confidential under subdivision (f)(1)(D) expressly authorizes the release of such information; or
    2. (ii) The information is released pursuant to court order.
9. (9) The language in subdivision (f)(1) regarding information of federal law enforcement agents or officers conducting an operation in this state added by chapter 253 of the Public Acts of 2021 is repealed effective July 1, 2026.
10. (10) As used in this subsection (f), “records and information” means employment records containing information listed in subdivisions (f)(1)(A)-(H) that has been collected by the employing governmental entity.
11. (11) For the purposes of this subsection (f), this state or a local governmental entity, as applicable, is considered to be the “employing governmental entity” regardless of which department, branch, agency, or other recognized part of state government or local government keeps or maintains the requested employment records and information.
(f) [Effective on July 1, 2026. See the version effective until July 1, 2026.]
1. (1) The following records or information of any state, county, municipal or other public employee or former employee, or applicant to such position, or of any law enforcement officer commissioned pursuant to § 49-7-118, 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:
  1. (A) Home telephone and personal cell phone numbers;
  2. (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;
  3. (C) Social security number;
  4. (D)
    1. (i) Residential information, including the street address, city, state and zip code, for any state employee; and
    2. (ii) Residential street address for any county, municipal or other public employee;
  5. (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;
  6. (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;
  7. (G) Emergency contact information, except for that information open to public inspection in accordance with subdivision (f)(1)(D)(ii); and
  8. (H) Personal, nongovernment issued, email address.
2. (2) Information made confidential by this subsection (f) shall be redacted wherever possible and nothing in this subsection (f) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information.
3. (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. (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. (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.
6. (6) Notwithstanding any provision to the contrary, the bank account information for any state, county, municipal, or other public employee, former employee or applicant to such position, or any law enforcement officer commissioned pursuant to § 49-7-118, that is received, compiled or maintained by the department of treasury, shall be confidential and not open for inspection by members of the public, regardless of whether the employee is employed by the department of treasury. The bank account information that shall be kept confidential shall include, but not be limited to bank account numbers, transit routing numbers and the name of the financial institutions.
7. (7) Notwithstanding any provision to the contrary, the following information that is received, compiled or maintained by the department of treasury relating to the department's investment division employees who are so designated in writing by the state treasurer shall be kept confidential and not open for inspection by members of the public: holdings reports, confirmations, transaction reports and account statements relative to securities, investments or other assets disclosed by the employee to the employer, or authorized by the employee to be released to the employer directly or otherwise.
8. (8)
  1. (A) Any person required by law to treat information described in subdivision (f)(1)(D) as confidential commits an offense if such information pertains to a law enforcement officer or a county corrections officer and:
    1. (i) The person acts with criminal negligence, as defined in § 39-11-106, in releasing the information to the public; or
    2. (ii) The person knows the information is to be treated as confidential and intentionally releases the information to the public.
  2. (B)
    1. (i) A violation of subdivision (f)(8)(A)(i) is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500).
    2. (ii) A violation of subdivision (f)(8)(A)(ii) is a Class A misdemeanor.
  3. (C) Subdivision (f)(8)(A) shall not apply if:
    1. (i) The law enforcement officer or county corrections officer whose information is treated as confidential under subdivision (f)(1)(D) expressly authorizes the release of such information; or
    2. (ii) The information is released pursuant to court order.
9. (9) The language in subdivision (f)(1) regarding information of federal law enforcement agents or officers conducting an operation in this state added by chapter 253 of the Public Acts of 2021 is repealed effective July 1, 2026.
10. (10) As used in this subsection (f), “records and information” means employment records containing information listed in subdivisions (f)(1)(A)-(H) that has been collected by the employing governmental entity.
11. (11) For the purposes of this subsection (f), this state or a local governmental entity, as applicable, is considered to be the “employing governmental entity” regardless of which department, branch, agency, or other recognized part of state government or local government keeps or maintains the requested employment records and information.
(g)
1. (1)
  1. (A)
    1. (i) All law enforcement personnel information in the possession of any entity or agency in its capacity as an employer, including officers commissioned pursuant to § 49-7-118, shall be open for inspection as provided in § 10-7-503(a), except personal information shall be redacted where there is a reason not to disclose as determined by the chief law enforcement officer or the chief law enforcement officer's designee.
    2. (ii) When a request to inspect includes personal information and the request is for a professional, business, or official purpose, the chief law enforcement officer or custodian shall consider the specific circumstances to determine whether there is a reason not to disclose and shall release all information, except information made confidential in subsection (f), if there is not such a reason. In all other circumstances, the officer shall be notified prior to disclosure of the personal information and shall be given a reasonable opportunity to be heard and oppose the release of the information. Nothing in this subdivision (g)(1) shall be construed to limit the requestor's right to judicial review set out in § 10-7-505.
    3. (iii) The chief law enforcement officer shall reserve the right to segregate information that could be used to identify or to locate an officer designated as working undercover.
  2. (B) In addition to the requirements of § 10-7-503(c), the request for a professional, business, or official purpose shall include the person's business address, business telephone number and email address. The request may be made on official or business letterhead and the person making the request shall provide the name and contact number or email address for a supervisor for verification purposes.
  3. (C) If the chief law enforcement official, the chief law enforcement official's designee, or the custodian of the information decides to withhold personal information, a specific reason shall be given to the requestor in writing within two (2) business days, and the file shall be released with the personal information redacted.
  4. (D) For purposes of this subsection (g), personal information shall include the officer's residential address, home and personal cellular telephone number; place of employment; name, work address and telephone numbers of the officer's immediate family; name, location, and telephone number of any educational institution or daycare provider where the officer's spouse or child is enrolled.
2. (2) Nothing in this subsection (g) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains some information made confidential by subdivision (g)(1).
3. (3) Nothing in this subsection (g) shall be construed to limit access to these records by law enforcement agencies, courts, or other governmental agencies performing official functions.
4. (4) Except as provided in subdivision (g)(1), nothing in this subsection (g) shall be construed to close personnel records of public officers, which are currently open under state law.
5. (5) Nothing in this subsection (g) shall be construed to limit access to information made confidential by subdivision (g)(1), when the employee expressly authorizes the release of such information.
1 Backlink
- 10-7-503(c)(1)
(h)
1. (1) Notwithstanding any other law to the contrary, those parts of the record identifying an individual or entity as a person or entity who or that has been or may in the future be directly involved in the process of executing a sentence of death shall be treated as confidential and shall not be open to public inspection. For the purposes of this section “person or entity” includes, but is not limited to, an employee of the state who has training related to direct involvement in the process of executing a sentence of death, a contractor or employee of a contractor, a volunteer who has direct involvement in the process of executing a sentence of death, or a person or entity involved in the procurement or provision of chemicals, equipment, supplies and other items for use in carrying out a sentence of death. Records made confidential by this section include, but are not limited to, records related to remuneration to a person or entity in connection with such person's or entity's participation in or preparation for the execution of a sentence of death. Such payments shall be made in accordance with a memorandum of understanding between the commissioner of correction and the commissioner of finance and administration in a manner that will protect the public identity of the recipients; provided, that, if a contractor is employed to participate in or prepare for the execution of a sentence of death, the amount of the special payment made to such contractor pursuant to the contract shall be reported by the commissioner of correction to the comptroller of the treasury and such amount shall be a public record.
2. (2) Information made confidential by this subsection (h) shall be redacted wherever possible and nothing in this subsection (h) shall be used to limit or deny access to otherwise public information because a file, a document, or data file contains confidential information.
(i)
1. (1) Information that would allow a person to obtain unauthorized access to confidential information or to government property shall be maintained as confidential. For the purpose of this section, “government property” includes electronic information processing systems, telecommunication systems, or other communications systems of a governmental entity subject to this chapter. For the purpose of this section, “governmental entity” means the state of Tennessee and any county, municipality, city or other political subdivision of the state of Tennessee. Such records include:
  1. (A) Plans, security codes, passwords, combinations, or computer programs used to protect electronic information and government property;
  2. (B) Information that would identify those areas of structural or operational vulnerability that would permit unlawful disruption to, or interference with, the services provided by a governmental entity; and
  3. (C) Information that could be used to disrupt, interfere with, or gain unauthorized access to electronic information or government property.
2. (2) Information made confidential by this subsection (i) shall be redacted wherever possible and nothing in this subsection (i) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains confidential information.
3. (3)
  1. (A) Documents concerning the cost of protecting government property or electronic information shall not be confidential.
  2. (B) The identity of a vendor that provides to the state goods and services used to protect electronic information processing systems, telecommunication and other communication systems, data storage systems, government employee information, or citizen information shall be confidential.
  3. (C) The identity of a vendor that provides to a governmental entity other than the state goods and services used to protect electronic information processing systems, telecommunication and other communication systems, data storage systems, government employee information, or citizen information shall not be confidential; provided, that the identity of the vendor shall be confidential if the governing body of the governmental entity votes affirmatively to make such information confidential.
  4. (D) Notwithstanding subdivisions (i)(3)(B) and (C), a governmental entity shall, upon request, provide the identity of a vendor to the comptroller of the treasury, the fiscal review committee of the general assembly, and any member of the general assembly. If the identity of the vendor is confidential under subdivision (i)(3)(B) or (i)(3)(C), the comptroller, fiscal review committee, or member shall exercise reasonable care in maintaining the confidentiality of the identity of the vendor obtained under this subdivision (i)(3)(D).
2 Backlinks
- 4-3-5509(a)
- 4-3-5509(b)(2)
(j)
1. (1) Notwithstanding any other law to the contrary, identifying information compiled and maintained by the department of correction and the board of parole concerning any person shall be confidential when the person has been notified or requested that notification be provided to the person regarding the status of criminal proceedings or of a convicted felon incarcerated in a department of correction institution, county jail or workhouse or under state supervised probation or parole pursuant to § 40-28-505, § 40-38-103, § 40-38-110, § 40-38-111, § 41-21-240 or § 41-21-242.
2. (2) For purposes of subdivision (j)(1), “identifying information” means the name, home and work addresses, telephone numbers and social security number of the person being notified or requesting that notification be provided.
(k) The following information regarding victims who apply for compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13, shall be treated as confidential and shall not be open for inspection by members of the public:
1. (1) Residential information, including the street address, city, state and zip code;
2. (2) Home telephone and personal cell phone numbers;
3. (3) Social security number; and
4. (4) The criminal offense from which the victim is receiving compensation.
(l)
1. (1) All applications, certificates, records, reports, legal documents and petitions made or information received pursuant to title 37 that directly or indirectly identifies a child or family receiving services from the department of children's services or that identifies the person who made a report of harm pursuant to § 37-1-403 or § 37-1-605 shall be confidential and shall not be open for public inspection, except as provided by §§ 37-1-131, 37-1-409, 37-1-612, 37-5-107 and 49-6-3051.
2. (2) The information made confidential pursuant to subdivision (l)(1) includes information contained in applications, certifications, records, reports, legal documents and petitions in the possession of not only the department of children's services but any state or local agency, including, but not limited to, law enforcement and the department of education.
(m)
1. (1) Information and records that are directly related to the security of any government building shall be maintained as confidential and shall not be open to public inspection. For purposes of this subsection (m), “government building” means any building that is owned, leased or controlled, in whole or in part, by the state of Tennessee or any county, municipality, city or other political subdivision of the state of Tennessee. Such information and records include, but are not limited to:
  1. (A) Information and records about alarm and security systems used at the government building, including codes, passwords, wiring diagrams, plans and security procedures and protocols related to the security systems;
  2. (B) Security plans, including security-related contingency planning and emergency response plans;
  3. (C) Assessments of security vulnerability;
  4. (D) Information and records that would identify those areas of structural or operational vulnerability that would permit unlawful disruption to, or interference with, the services provided by a governmental entity; and
  5. (E) Surveillance recordings, whether recorded to audio or visual format, or both, except segments of the recordings may be made public when they include an act or incident involving public safety or security or possible criminal activity. In addition, if the recordings are relevant to a civil action or criminal prosecution, then the recordings may be released in compliance with a subpoena or an order of a court of record in accordance with the Tennessee rules of civil or criminal procedure. The court or administrative judge having jurisdiction over the proceedings shall issue appropriate protective orders, when necessary, to ensure that the information is disclosed only to appropriate persons. Release of any segment or segments of the recordings shall not be construed as waiving the confidentiality of the remaining segments of the audio or visual tape.
2. (2) Information made confidential by this subsection (m) shall be redacted wherever possible and nothing in this subsection (m) shall be used to limit or deny access to otherwise public information because a file or document contains confidential information.
(n)
1. (1) Notwithstanding any law to the contrary, the following documents submitted to the state in response to a request for proposal or other procurement method shall remain confidential after completion of the evaluation period:
  1. (A) Discount, rebate, pricing or other financial arrangements at the individual drug level between pharmaceutical manufacturers, pharmaceutical wholesalers/distributors, and pharmacy benefits managers, as defined in § 56-7-3102, that a proposer:
    1. (i) Submits to the state in response to a request for proposals or other procurement methods for pharmacy-related benefits or services;
    2. (ii) Includes in its cost or price proposal, or provides to the state after the notice of intended award of the contract is issued, where the proposer is the apparent contract awardee; and
    3. (iii) Explicitly marks as confidential and proprietary; and
  2. (B) Discount, rebate, pricing or other financial arrangements at the individual provider level between health care providers and health insurance entities, as defined in § 56-7-109, insurers, insurance arrangements and third party administrators that a proposer:
    1. (i) Submits to the state in response to a request for proposals or other procurement method after the notice of intended award of the contract is issued, where the proposer is the apparent contract awardee, in response to a request by the state for additional information; and
    2. (ii) Explicitly marks as confidential and proprietary.
2. (2)
  1. (A) Information made confidential by subdivision (n)(1) shall be redacted wherever possible; and nothing contained in this subsection (n) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains confidential information. The confidentiality established by subdivision (n)(1)(B) is applicable only to information submitted to the state after completion of the evaluation period; and provision of the notice of intended award of the contract and such information shall only be used to validate the accuracy of the apparent contract awardee's proposal and shall not be used to alter the scope of the information required by the state's procurement document requesting proposals. Any report produced by the state, or on the state's behalf, utilizing the information made confidential by subdivision (n)(1)(B) shall not be considered confidential hereunder so long as such report is disclosed in an aggregate or summary format without disclosing discount, rebate, pricing or other financial arrangements at the individual provider level.
  2. (B) The comptroller of the treasury, for the purpose of conducting audits or program evaluations, shall have access to the discount, rebate, pricing and descriptions of other financial arrangements cited in this subsection (n) as submitted in a procurement or as a report to the contractor; provided, however, that no official, employee or agent of the state of Tennessee may release or provide for the release, in any form, of information subject to confidential custody under this subsection (n).
(o)
1. (1) Except as provided in subdivisions (o)(2)-(4), the following information and records are confidential, not open or available for public inspection and shall not be released in any manner:
  1. (A) All information contained in any application for a handgun carry permit issued pursuant to § 39-17-1351, § 39-17-1365, or § 39-17-1366, a permit renewal application, or contained in any materials required to be submitted in order to obtain such a permit;
  2. (B) All information provided to any state or federal agency, to any county, municipality, or other political subdivision, to any official, agent, or employee of any state or federal agency, or obtained by any state or federal agency in the course of its investigation of an applicant for a handgun carry permit; and
  3. (C) Any and all records maintained relative to an application for a handgun carry permit issued pursuant to § 39-17-1351, § 39-17-1365, or § 39-17-1366, a permit renewal application, the issuance, renewal, expiration, suspension, or revocation of a handgun carry permit, or the result of any criminal history record check conducted under this part.
2. (2) Any information or other records regarding an applicant or permit holder may be released to a law enforcement agency for the purpose of conducting an investigation or prosecution, or for determining the validity of a handgun carry permit, or to a child support enforcement agency for purposes of child support enforcement, but shall not be publicly disclosed except as evidence in a criminal or child support enforcement proceeding.
3. (3) Any person or entity may request the department of safety to search its handgun permit holder database to determine if a named person has a Tennessee handgun carry permit, as of the date of the request, if the person or entity presents with the request a judgment of conviction, criminal history report, order of protection, or other official government document or record that indicates the named person is not eligible to possess a handgun carry permit under the requirements of § 39-17-1351, § 39-17-1365, or § 39-17-1366.
4. (4) Nothing in this subsection (o) shall prohibit release of the handgun carry permit statistical reports authorized by § 39-17-1351(s).
(p)
1. (1) Information, records, and plans that are related to school security, the district-wide school safety plans or the building-level school safety plans shall not be open to public inspection. Nothing in this part shall be interpreted to prevent school administrators of an LEA from discussing or distributing information to parents or legal guardians of children attending the school regarding procedures for contacting or obtaining a child following a natural disaster.
2. (2)
  1. (A) All school security reports, memoranda, plans, notes, threats, and procedures, including drafts that are incorporated in reports created or received by the department of safety, must be treated as confidential and shall not be open for inspection by members of the public.
  2. (B) This subdivision (p)(2) shall not be construed to limit access to those records by law enforcement agencies, courts, or other governmental agencies performing official functions.
(q)
1. (1) Where a defendant has pled guilty to, or has been convicted of, and has been sentenced for a sexual offense or violent sexual offense specified in § 40-39-202, the following information regarding the victim of the offense shall be treated as confidential and shall not be open for inspection by members of the public:
  1. (A) Name, unless waived pursuant to subdivision (q)(2);
  2. (B) Home, work and electronic mail addresses;
  3. (C) Telephone numbers;
  4. (D) Social security number; and
  5. (E) Any photographic or video depiction of the victim.
2. (2)
  1. (A) At any time after the defendant or defendants in a case have been sentenced for an offense specified in subdivision (q)(1), the victim of such offense whose name is made confidential pursuant to subdivision (q)(1)(A) may waive such provision and allow the victim's name to be obtained in the same manner as other public records.
  2. (B) The district attorney general prosecuting the case shall notify the victim that the victim has the right to waive the confidentiality of the information set forth in subdivision (q)(1)(A).
  3. (C) If the victim executes a written waiver provided by the district attorney general's office to waive confidentiality pursuant to subdivision (q)(2)(A), the waiver shall be filed in the defendant's case file in the office of the court of competent jurisdiction.
3. (3) Nothing in this subsection (q) shall prevent the district attorney general or attorney general and reporter and counsel for a defendant from providing to each other in a pending criminal case or appeal, where the constitutional rights of the defendant require it, information which otherwise may be held confidential under this subsection (q).
4. (4) Nothing in this subsection (q) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains some information made confidential by subdivision (q)(1); provided, that confidential information shall be redacted before any access is granted to a member of the public.
5. (5) Nothing in this subsection (q) shall be construed to limit access to records by law enforcement agencies, courts, or other governmental agencies performing official functions.
(r) Notwithstanding any provision to the contrary, any bank account information that is received, compiled, or maintained by a state governmental agency, shall be confidential and shall not be an open record for inspection by members of the public. The bank account information that shall be kept confidential includes, but is not limited to, debit card numbers and any related personal identification numbers (PINs) or authorization codes, bank account numbers, and transit routing numbers.
(s) The records of the insurance verification program created pursuant to the James Lee Atwood Jr. Law, compiled in title 55, chapter 12, part 2, in the possession of the department of revenue or its agent, the department of safety, the department of commerce and insurance, law enforcement, and the judiciary pursuant to the James Lee Atwood Jr. Law, shall be treated as confidential and shall not be open for inspection by members of the public. Subsection (c) shall not apply to the records described in this subsection (s).
(t)
1. (1) The following information concerning the victim of a criminal offense who is a minor shall be treated as confidential and shall not be open for inspection by members of the public:
  1. (A) Name, unless waived pursuant to subdivision (t)(2);
  2. (B) Home, work, and electronic mail addresses;
  3. (C) Telephone numbers;
  4. (D) Social security number;
  5. (E) Any photographic or video depiction of the minor victim; and
  6. (F) Whether the defendant is related to the victim unless the relationship is an essential element of the offense.
2. (2) The custodial parent or legal guardian of the minor victim of an offense whose name is made confidential pursuant to subdivision (t)(1)(A) may petition a court of record to waive confidentiality and allow the minor victim's name to be obtained in the same manner as other public records. Upon finding good cause shown, the court shall enter the order granting the waiver.
3. (3) This subsection (t) shall not be construed to:
  1. (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;
  2. (B) Limit or deny access to otherwise public information because a file, document, or data file contains some information made confidential by subdivision (t)(1); provided, that confidential information shall be redacted before any access is granted to a member of the public;
  3. (C) Limit access to records by law enforcement agencies, courts, or other governmental agencies performing official functions;
  4. (D) Limit or prevent law enforcement from releasing information included in this subsection (t) for the purposes of locating and identifying missing, exploited, or abducted minors; or
  5. (E) Limit or prevent a political subdivision of this state from publicly releasing the name or photograph of the minor victim of a criminal offense for the purpose of memorializing minor victims of crime in a memorial garden established by the political subdivision, including any literature related to the memorial garden, if the custodial parent or legal guardian of the minor victim has consented to the release.
(u) [Expires effective July 1, 2027.]
1. (1) Video taken by a law enforcement body camera that depicts the following shall be treated as confidential and not subject to public inspection:
  1. (A) Minors, when taken within a:
    1. (i) School that serves any grades from kindergarten through grade twelve (K-12);
    2. (ii) Child care agency, as defined in § 71-3-501;
    3. (iii) Child care program, as defined in § 49-1-1102;
    4. (iv) Preschool; or
    5. (v) Nursery school;
  2. (B) The interior of a facility licensed under title 33 or title 68; or
  3. (C) The interior of a private residence that is not being investigated as a crime scene.
2. (2) Nothing in this subsection (u) shall prevent the district attorney general or attorney general and reporter and counsel for a defendant charged with a criminal offense from providing to each other in a pending criminal case or appeal, where the constitutional rights of the defendant require it, information which otherwise may be held confidential under this subsection (u).
3. (3) Nothing in this subsection (u) shall be used to limit or deny access to otherwise public information because a file, document, or data file contains some information made confidential by subdivision (u)(1); provided, that confidential information shall be redacted before any access is granted to a member of the public.
4. (4) Nothing in this subsection (u) shall be construed to limit access to records by law enforcement agencies, courts, or other governmental agencies performing official functions.
5. (5) This subsection (u) is deleted on July 1, 2027, and will no longer be effective on and after that date.
(v) Notwithstanding any law to the contrary, examination questions, answer sheets, scoring keys, and other examination data used for the purpose of licensure, certification, or registration of health professionals under title 63 or title 68 shall be treated as confidential and shall not be open for inspection by members of the public; provided, however, that:
1. (1) A person who has taken such an examination has the right to review the person's own completed examination; and
2. (2) Final examination scores of persons licensed, certified, or registered as health professionals under title 63 or title 68 shall be open for inspection by members of the public, upon request.
(w)
1. (1) Notwithstanding any law to the contrary, information that is reasonably likely to identify a student accused of committing an alleged sexual offense or alleged violent sexual offense as defined in § 40-39-202 or any information that is reasonably likely to identify the victim of an alleged sexual offense or alleged violent sexual offense as defined in § 40-39-202, must be treated as confidential and not be open for inspection by members of the public.
2. (2) Nothing in this subsection (w):
  1. (A) Limits or denies access to otherwise public information because a file, document, or data file contains information that is reasonably likely to identify a student accused of committing a sexual offense or violent sexual offense or the victim of a sexual offense or violent sexual offense; however, all information that is reasonably likely to identify a student accused of committing a sexual offense or violent sexual offense, or the victim of a sexual offense or violent sexual offense must be redacted before any access is granted to a member of the public for inspection;
  2. (B) Prevents the district attorney general, the attorney general and reporter, or counsel for a defendant from providing to each other in a pending criminal case or appeal, where the constitutional rights of the defendant require it, information that otherwise may be held confidential under this subsection (w); or
  3. (C) Limits access to records by law enforcement agencies, courts, or other governmental agencies or instrumentalities performing official functions.
(x) [Repealed effective July 1, 2026.]
1. (1) The following information regarding donors to the state museum is confidential and not open for inspection by members of the public, upon the donor's advance request; provided, however, that the museum may disclose such information as authorized or required by law:
  1. (A) Residential information, including the street address, city, state, and zip code;
  2. (B) Home telephone and personal cell phone numbers;
  3. (C) Social security number;
  4. (D) Electronic mail address; and
  5. (E) Taxpayer identification number.
2. (2) This subsection (x) is repealed effective July 1, 2026.
(y) The head of a governmental entity may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to maintain the confidentiality of records concerning adoption proceedings or records required to be kept confidential by federal statute or regulation as a condition for the receipt of federal funds or for participation in a federally funded program.
(z) All contingency plans of law enforcement agencies prepared to respond to any violent incident, bomb threat, ongoing act of violence at a school or business, ongoing act of violence at a place of public gathering, threat involving a weapon of mass destruction, or terrorist incident are not open for inspection as provided in § 10-7-503(a).
(aa)
1. (1)
  1. (A) Photographic evidence of a fatal motor vehicle accident that depicts a deceased 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. (B) Photographic evidence that depicts the remains of a deceased minor shall be treated as confidential and shall not be open for inspection by members of the public.
2. (2) The estate or, in the case of a minor, the custodial parent or legal guardian of the deceased person whose photograph is made confidential pursuant to subdivision (aa)(1) may waive confidentiality and allow the deceased person's photograph to be used and obtained in the same manner as other public records.
3. (3) This subsection (aa) does not:
  1. (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;
  2. (B) Limit or deny access to otherwise public information because a file, document, or data file contains a photograph made confidential by subdivision (aa)(1); provided, that the photograph must be removed before any access is granted to a member of the public; or
  3. (C) Limit access to records by law enforcement agencies, courts, or other governmental agencies engaged in investigating or prosecuting a criminal offense.
4. (4) As used in this subsection (aa), “photographic evidence” and “photograph” mean any photograph or photographic reproduction, still or moving, or any videotape.
(bb) 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 (bb), “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.
(cc)
1. (1) 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; provided, that this subsection (cc) does not make confidential the street address of a reported crime. This subsection (cc) 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. (2) This subsection (cc) 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. (3) As used in this subsection (cc), “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. (4) This subsection (cc) does not apply to a consumer reporting agency when compiling a consumer report, as defined by 15 U.S.C. § 1681a.
(dd) The records of the Megasite Authority of West Tennessee, created pursuant to the Megasite Authority of West Tennessee Act of 2021, compiled in title 64, chapter 9, are open to public inspection subject to § 64-9-113.
(ee) [Repealed effective July 1, 2027.] Records generated as a result of a Handle With Care Program notification, which is an alert provided to a school system regarding a child's potential exposure to an adverse childhood experience, are confidential, not open or available for public inspection, and must not be released. This subsection (ee) is repealed on July 1, 2027.

§ 10-7-505. Denial of access — Procedures for obtaining access — Court orders — Injunctions — Appeals — Liability for nondisclosure.

(a) Any citizen of Tennessee who shall request the right of personal inspection of any state, county or municipal record as provided in § 10-7-503, and whose request has been in whole or in part denied by the official and/or designee of the official or through any act or regulation of any official or designee of any official, shall be entitled to petition for access to any such record and to obtain judicial review of the actions taken to deny the access.
(b) Such petition shall be filed in the chancery court or circuit court for the county in which the county or municipal records sought are situated, or in any other court of that county having equity jurisdiction. In the case of records in the custody and control of any state department, agency or instrumentality, such petition shall be filed in the chancery court or circuit court of Davidson County; or in the chancery court or circuit court for the county in which the state records are situated if different from Davidson County, or in any other court of that county having equity jurisdiction; or in the chancery court or circuit court in the county of the petitioner's residence, or in any other court of that county having equity jurisdiction. Upon filing of the petition, the court shall, upon request of the petitioning party, issue an order requiring the defendant or respondent party or parties to immediately appear and show cause, if they have any, why the petition should not be granted. A formal written response to the petition shall not be required, and the generally applicable periods of filing such response shall not apply in the interest of expeditious hearings. The court may direct that the records being sought be submitted under seal for review by the court and no other party. The decision of the court on the petition shall constitute a final judgment on the merits.
(c) The burden of proof for justification of nondisclosure of records sought shall be upon the official and/or designee of the official of those records and the justification for the nondisclosure must be shown by a preponderance of the evidence.
(d) The court, in ruling upon the petition of any party proceeding hereunder, shall render written findings of fact and conclusions of law and shall be empowered to exercise full injunctive remedies and relief to secure the purposes and intentions of this section, and this section shall be broadly construed so as to give the fullest possible public access to public records.
(e) Upon a judgment in favor of the petitioner, the court shall order that the records be made available to the petitioner unless:
1. (1) There is a timely filing of a notice of appeal; and
2. (2) The court certifies that there exists a substantial legal issue with respect to the disclosure of the documents which ought to be resolved by the appellate courts.
(f) Any public official required to produce records pursuant to this part shall not be found criminally or civilly liable for the release of such records, nor shall a public official required to release records in such public official's custody or under such public official's control be found responsible for any damages caused, directly or indirectly, by the release of such information.
(g) If the court finds that the governmental entity, or agent thereof, refusing to disclose a record, knew that such record was public and willfully refused to disclose it, such court may, in its discretion, assess all reasonable costs involved in obtaining the record, including reasonable attorneys' fees, against the nondisclosing governmental entity. In determining whether the action was willful, the court may consider any guidance provided to the records custodian by the office of open records counsel as created in title 8, chapter 4.

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§ 10-7-506. Right to inspect public records — Public records having commercial value.

(a) In all cases where any person has the right to inspect any such public records, such person shall have the right to take extracts or make copies thereof, and to make photographs or photostats of the same while such records are in the possession, custody and control of the lawful custodian thereof or such custodian's authorized deputy; provided, that the lawful custodian of such records shall have the right to adopt and enforce reasonable rules governing the making of such extracts, copies, photographs or photostats.
(b) Within ten (10) days of the release of public records originating in the office of the county assessor of property, the state agency releasing such records shall notify, in writing, the assessor of property of the county in which such records originated of the records released and the name and address of the person or firm receiving the records. The reporting requirements of this subsection (b) shall not apply when county or city summary assessment information is released.
(c)
1. (1) If a request is made for a copy of a public record that has commercial value, and such request requires the reproduction of all or a portion of a computer generated map or other similar geographic data that was developed with public funds, a state department or agency or a political subdivision of the state having primary responsibility for the data or system may establish and impose reasonable fees for the reproduction of such record, in addition to any fees or charges that may lawfully be imposed pursuant to this section. The additional fees authorized by this subsection (c) may not be assessed against individuals who request copies of records for themselves or when the record requested does not have commercial value. State departments and agencies and political subdivisions of the state may charge a reasonable fee (cost of reproduction only) for information requested by the news media for news gathering purposes (broadcast or publication).
2. (2) The additional fees authorized by this subsection (c) shall relate to the actual development costs of such maps or geographic data and may include:
  1. (A) Labor costs;
  2. (B) Costs incurred in design, development, testing, implementation and training; and
  3. (C) Costs necessary to ensure that the map or data is accurate, complete and current, including the cost of adding to, updating, modifying and deleting information.
3. (3) The development cost recovery set forth above shall be limited to not more than ten percent (10%) of the total development costs unless additional development cost recovery between ten percent (10%) and twenty percent (20%) is approved by the following procedures: For state departments and agencies, the information systems council (ISC) shall review a proposed business plan explaining the need for the additional development cost recovery. If the ISC approves additional development cost recovery, such recovery shall be submitted to the general assembly for approval. For political subdivisions of the state, approval for additional development cost recovery as contained in a proposed business plan must be obtained from the governing legislative body. If the governing legislative body approves additional development cost recovery, such recovery shall be submitted to the ISC for approval. The development costs of any system being recovered with fees authorized by this section shall be subject to audit by the comptroller of the treasury, it being the legislative intent that once such additional fees have paid the portion of the development costs authorized above, such fees shall be adjusted to generate only the amount necessary to maintain the data and ensure that it is accurate, complete and current for the life of the particular system. Notwithstanding the limitations above, the recovery of maintenance costs shall not be subject to the limitations and procedures provided above for the recovery of development costs.
4. (4) As used in this subsection (c), “record that has commercial value” means a record requested for any purpose other than:
  1. (A) A non-business use by an individual; and
  2. (B) A news gathering use by the news media.

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§ 10-7-507. Records of convictions of traffic and other violations — Availability.

Any public official having charge or custody of or control over any public records of convictions of traffic violations or any other state, county or municipal public offenses shall make available to any citizen, upon request, during regular office hours, a copy or copies of any such record requested by such citizen, upon the payment of a reasonable charge or fee therefor. Such official is authorized to fix a charge or fee per copy that would reasonably defray the cost of producing and delivering such copy or copies.

§ 10-7-508. Access to records — Records of archival value — Retention or disposal of records.

(a) The secretary of state or the secretary of state’s designated representative, the state librarian and archivist, and the comptroller of the treasury or the comptroller's designated representative for purposes of audit, shall be accorded access to and may examine and receive any public records or writings, whether or not they are subject to public inspection. They shall maintain inviolate any privileged or confidential information so acquired and any record or writing so defined by law.
(b) The state librarian and archivist or an archivist designated by the state librarian and archivist and the secretary of state or a records analyst designated by the secretary of state shall be accorded access to and may examine any confidential public records for the purpose of determining, in consultation with the agency head or a representative of the agency which has title to the records, whether such records are records of archival value or whether such records are properly filed or designated as confidential. If the state librarian and archivist or such representative, the secretary of state or such representative and the agency head or such representative should determine that certain administrative or otherwise open public records have been inappropriately filed and designated as confidential public records, then such records shall be removed from the designation of confidential and filed within the appropriate level of access designation. Such access to appraise the archival value of such confidential records shall be provided for in the scheduling of retention periods through appropriate records disposition authorizations which are reviewed and approved by the public records commission.
(c) Records determined to be of archival value shall be retained as provided in rules and regulations for records management of records of archival value of the public records commission, and those confidential records determined not to be of archival value shall be disposed of by authorized means and in accordance with approved records disposition authorizations.

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§ 10-7-509. Disposition of records.

(a) The disposition of all state records shall occur only through the process of an approved records disposition authorization.
(b) Records authorized for destruction shall be disposed of according to the records disposition authorization and shall not be given to any unauthorized person, transferred to another agency, political subdivision, or private or semiprivate institution.

§ 10-7-510. Transfer of documents from criminal cases to not-for-profit depositories.

(a) The district attorney general of a judicial district, after giving written notice of the proposed transfer prior to such transfer to the presiding officer of the legislative body in which such record, document or evidence is located, may permanently transfer custody and ownership of all original records, documents and physical evidence in the district attorney general's possession that was collected, compiled and maintained in a particular criminal case or investigation to a university or other institution of higher education, museum, library or other not-for-profit corporation organized for the primary purpose of preserving and displaying items of historical significance, if:
1. (1) The university, museum, library or not-for-profit corporation has formally requested transfer of the records, documents and evidence in a particular case or investigation;
2. (2) The documents, records and evidence requested are, in the opinion of such district attorney general, of historical significance and their display would enhance public understanding, education or appreciation of a particular time or event in history;
3. (3) The documents, records and evidence requested have by operation of law become public records; and
4. (4) The district attorney general or clerk duplicates or photographs all documents and records transferred in a manner approved by the public records commission.
(b) If such original records, documents or physical evidence are in the sole custody of the criminal court clerk of any judicial district, such clerk may permanently transfer custody and ownership of such records, documents or physical evidence with the approval of the district attorney general of the appropriate judicial district, after giving written notice of the proposed transfer prior to such transfer to the presiding officer of the legislative body for the jurisdiction in which such record, document or evidence is located.
(c) If it is determined that such documents, records and evidence are to be transferred, the district attorney general shall make the final decision as to the date, time and method by which such transfer is effectuated.
(d) Upon the transfer of such documents, records and evidence as provided by this section, any party desiring to view such material shall do so at the site where the material has been transferred.
(e) As used in this section, “historical significance” means that the event giving rise to the documents, records or evidence being transferred occurred twenty (20) years or more prior to April 18, 1994.
(f) This section does not apply to records or documents which are made confidential by any provision of law.

§ 10-7-511. Preservation of records of permanent value.

Responsibility for providing trained staff and appropriate equipment necessary to produce and store microfilm reproductions of official, permanent value bound volume records created by the various county and municipal governments of the state is hereby vested in the state library and archives. To implement this security microfilming program, the state librarian and archivist is authorized to develop a priority listing of essential records based on retention schedules developed by the county technical assistance service and the municipal technical advisory service. This priority listing of essential records may be revised from time to time to accommodate critical needs in individual counties or municipalities or to reflect changes in retention schedules. The camera negative of the microfilmed records shall be stored in the security vault at the state library and archives and duplicate rolls of these microfilmed records shall be made available to county and municipal governments on a cost basis.

§ 10-7-512. Electronic mail communications systems — Monitoring of electronic mail communications — Policy required.

(a) On or before July 1, 2000, the state or any agency, institution, or political subdivision thereof that operates or maintains an electronic mail communications system shall adopt a written policy on any monitoring of electronic mail communications and the circumstances under which it will be conducted.
(b) The policy shall include a statement that correspondence of the employee in the form of electronic mail may be a public record under the public records law and may be subject to public inspection under this part.

§ 10-7-513. Request for removal of military discharge or redaction of social security number from military discharge.

(a) This section applies to a military veteran's department of defense form DD-214 or other military discharge record that is recorded with or that otherwise comes into the possession of a governmental body.
(b) The record is confidential for the seventy-five (75) years following the date it is recorded with or otherwise first comes into the possession of a governmental body. During such period, the governmental body may permit inspection or copying of the record or disclose information contained in the record only in accordance with this section or in accordance with a court order.
(c) On request and presentation of proper identification, the following persons may inspect the military discharge record or obtain from the governmental body a copy or certified copy of such record:
1. (1) The veteran who is the subject of the record;
2. (2) The legal guardian of the veteran;
3. (3) The spouse or a child or parent of the veteran or, if there is no living spouse, child, or parent, the nearest living relative of the veteran;
4. (4) The personal representative of the estate of the veteran;
5. (5) The person named by the veteran, or by a person described by subdivision (c)(2), (c)(3), or (c)(4), in an appropriate power of attorney;
6. (6) Another governmental body; or
7. (7) An authorized representative of the funeral home that assists with the burial of the veteran.
(d) A court that orders the release of information under this section shall limit the further disclosure of the information and the purposes for which the information may be used.
(e) A governmental body that obtains information from the record shall limit the governmental body's use and disclosure of the information to the purpose for which the information was obtained.
(f)
1. (1) Any person described in subdivisions (c)(1)-(5) may request that a county register of deeds remove from the official records held in such register's office, excepting records preserved on microfilm, any of the following record forms: DD-214, DD-215, WD AGO 55, WD AGO 53-55, NAVMC 78-PD, NAVPERS 553, or any other military discharge, or alternatively may request that the veteran's social security identification number be redacted from any such military discharge record if such records are stored in a manner that permits redaction.
2. (2) The request for removal of a military discharge record or redaction of a social security number from a military discharge record in the office of the county register of deeds pursuant to subdivision (f)(1) shall be made on a paper writing in a form substantially as follows:
  1. REQUEST FOR REMOVAL OF MILITARY DISCHARGE OR REDACTION OF SOCIAL SECURITY NUMBER FROM A MILITARY DISCHARGE
    1. 1. Full Name of Veteran:
    3. 2. Name of Person Making Request:
    5. 3. If not the Veteran making the request, identify the legal relationship that entitles the Person Making Request to make the request: (check one)
      1. (a) Spouse, child, or parent (or nearest living relative if there is no living spouse, child, or parent) of the veteran
      2. (b) Attorney-in-fact
      3. (c) Personal Representative of Veteran's Estate
      4. (d) Legal Guardian
    6. 4. Check (a) or (b):
      1. (a) Request removal of military discharge record
      2. (b) Request redaction of social security number on military discharge record (if practicable)
    7. 5. Type of Military Discharge Record:
    9. 6. Book and Page Number or other reference identifying where the military discharge record is recorded in the County Register's office:
      1. Book No. Page No. ; or
      2. No.
    10. 7. Signature of Person Making Request:
    12. State of Tennessee
    13. County of
      1. Personally appeared before me __________, (person duly authorized to take acknowledgments in county), the within named , with whom I am personally acquainted (or proven to me on the basis of satisfactory evidence) and who acknowledges that such person executed the within instrument for the purpose of making a request of the Register of Deeds of County, Tennessee, to remove a military discharge record or redact a social security identification number from a military discharge record, excepting microfilm records.
    14. Witness my hand this day of , 20 .
      1. (signature of person taking acknowledgement)
      2. [Space for Seal of Office]
3. (3) The completed request form as provided in subdivision (f)(2) is eligible for recording in the office of the county register of deeds where submitted. The register has no duty to inquire beyond the acknowledged request to verify the identity or authority of the person requesting the removal. Upon recording the written request, the county register shall act in accordance with the request to either remove the military discharge record identified in the request from the records of the office, except microfilm records, or redact the social security identification number from a military discharge record recorded in the office of the county register if practicable. If redaction is requested and is not practicable, the county register shall not record the request and shall, verbally or by writing, explain to the person making the request why redaction is not practicable and state that the person may instead request the removal of the military discharge record from the records of the county register.

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§ 10-7-514. Subscription service required to view military discharge record over internet.

A county register shall not cause a military discharge record recorded in the office of the county register to be viewed over the internet except through a subscription service approved by the county register.

§ 10-7-515. Personally identifying information on documents — Redaction.

(a) The preparer of any document recorded in the office of the county register of deeds shall not place personally identifying information on any document filed or recorded in the office of the county register of deeds, other than a power of attorney. However, the county register shall not refuse to record a document for failure of the preparer to comply with the prohibition contained in this section regarding use of personally identifying information; nor shall the failure to comply with such prohibition affect the validity or recordability of any document.
(b) Any person or the surviving spouse, attorney-in-fact, or court appointed guardian of the person, may request that a county register of deeds redact the person's personally identifying information from any recorded document, if the records are stored in a manner that permits redaction.
(c) The request for redaction of personally identifying information pursuant to subsection (b) shall be made on a paper writing, in a form substantially as follows:
1. REQUEST FOR REDACTION OF PERSONALLY IDENTIFYING INFORMATION FROM ELECTRONIC DATABASES
2. 1. Full name of individual whose personally identifying information will be redacted as it appears on the document:
3. 2. Name of person making the request if different than above:
4. 3. If not the individual whose personally identifying information will be redacted, identify the legal relationship that entitles you to make the request: (check one)
  1. a. Surviving spouse
  2. b. Attorney-in-fact
  3. c. Court appointed guardian
5. 4. Type of record:
6. 5. Book and page number or other reference identifying where the document is recorded in the County Register's office:
7. Book No. Page No. or Instrument No.
8. 6. Signature of person making the request:
9. State of Tennessee
10. County of
11. Personally appeared before me, (person duly authorized to take acknowledgments in [] county), the within named , with whom I am personally acquainted (or proven to me on the basis of satisfactory evidence) and who acknowledges that such person executed the within instrument for the purpose of making a request of the Register of Deeds of County, Tennessee, to redact personally identifying information from the aforementioned record, excepting microfilm records.
12. Witness my hand this day of , 20.
14. (signature of person taking acknowledgement)
15. [Space for Seal of Office]
(d) The completed request form provided in subsection (c) may be recorded in the office of the county register of deeds where submitted. The register has no duty to inquire beyond the acknowledged request to verify the identity or authority of the person requesting the redaction.
(e) Upon recording the written request, the county register shall act in accordance with the request to redact the personally identifying information from electronic databases in the office of the county register where practicable. If redaction is not practicable, the county register shall not record the request form and shall verbally or by writing explain why redaction is impracticable to the person making the request.
(f) A county register of deeds may redact any personally identifying information that is found on a recorded document maintained on a computer or removable computer storage media, including CD-ROM disk, if the records are stored in a manner that permits redaction.
(g) Notwithstanding any other law to the contrary, compliance with this section shall satisfy all of the obligations of a county register of deeds under § 10-7-504(a)(29) relative to the nondisclosure of personally identifying information.
(h) As used in this section, “personally identifying information” has the same meaning as defined in § 10-7-504(a)(29).

§ 10-7-516. Information relating to security systems.

Notwithstanding any other law to the contrary, any information relating to security systems for any property including, but not limited to, all records pertaining to licensure or registration by owners of such systems, information, photos, presentations, schematics, surveys, or any other information related to such security systems held or kept by any governmental entity, shall be treated as confidential and shall not be open for public inspection by members of the public.

§ 10-7-517. Referral of certain legislation creating exception to open records requirement to government operations committee.

(a) Any legislation of the house of representatives that creates an exception to the open records requirement of § 10-7-503 deeming records of public entities to be open for inspection by the public must be referred to the government operations committee according to the rules of the house of representatives.
(b) After review under subsection (a), the government operations committee of the house of representatives shall give the legislation a positive, neutral, or negative recommendation.
(c) The government operations committee of the house of representatives, unless it is designated as the appropriate standing committee, shall not delay or prevent consideration of the legislation by the house of representatives by withholding the committee's recommendation.

Part 6 Public Appointments

§ 10-7-601. Short title.

Sections 10-7-601 — 10-7-606 shall be known and may be cited as the “Open Appointments Act.”

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§ 10-7-602. Definitions.

As used in §§ 10-7-601 — 10-7-606, unless the context otherwise requires:
1. (1)
  1. (A) “Agency” means a state board, commission, council, committee, authority, task force, or other similar multi-member agency created by statute, having state-wide jurisdiction;
  2. (B) “Agency” does not include any such entity composed entirely of ex officio members or popularly elected members, except where such agency includes one (1) or more members of the general assembly. “Agency” also does not include any interstate compact;
2. (2) “Secretary” means the secretary of state; and
3. (3)
  1. (A) “Vacancy” or “vacant agency position” means:
    1. (i) A vacancy in an existing agency; or
    2. (ii) A new, unfilled agency position;
  2. (B) “Vacancy” does not mean:
    1. (i) A vacant position on an agency composed exclusively of persons employed by a political subdivision or another agency; or
    2. (ii) A vacancy to be filled by a person required to have a specific title or position.

§ 10-7-603. Data provided secretary.

The chair of an existing agency, or the appointing authority for the members of a newly created agency, shall provide the secretary of state, on forms prepared and distributed by the secretary of state, with the following data pertaining to that agency:
1. (1) The name of the agency, its mailing address, and telephone number;
2. (2) The legal authority for the creation of the agency and the name of the person appointing agency members;
3. (3) The powers and duties of the agency;
4. (4) The number of authorized members, together with any prescribed restrictions on eligibility, such as employment experience or geographical representation;
5. (5) The dates of commencement and expiration of the membership terms and the expiration date of the agency, if any;
6. (6) The compensation of members, and appropriations or other funds available to the agency;
7. (7) The regular meeting schedule, if any, and approximate number of hours per month of meetings or other activities required of members;
8. (8) The roster of current members, including mailing addresses and telephone numbers; and
9. (9) A breakdown of the membership showing distribution by county and legislative district and, only if the member has voluntarily supplied the information, the sex and race of the members. Such breakdown shall not include such information on ex officio and popularly elected members.

§ 10-7-604. Updating and publishing data.

The secretary of state shall provide for annual updating of the required data and shall annually arrange for the publication of the compiled data from all agencies on or about November 15 of each year. Copies of the compilation shall be delivered to the governor and the general assembly. Copies of the compilation shall be made available by the secretary to any interested person at cost, and copies shall be available for viewing by interested persons.

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10-7-606

§ 10-7-605. Vacancies.

The chair of an existing agency shall notify the secretary of a vacancy scheduled to occur in the agency as a result of the expiration of membership terms, at least forty-five (45) days before the vacancy occurs. The chair of an existing agency shall give written notification to the secretary of each vacancy occurring as a result of newly created agency positions and of every other vacancy occurring for any reason other than the expiration of membership terms as soon as possible upon learning of the vacancy and in any case within fifteen (15) days after the occurrence of the vacancy. The appointing authority for newly created agencies shall give written notification to the secretary of all vacancies in the new agency within fifteen (15) days after the creation of the agency. Monthly, the secretary shall publish a list of all vacancies of which the secretary has been so notified. Notice of a vacancy shall be published until the appointing authority notifies the secretary that the vacancy has been filled. Such notice shall be given within fifteen (15) days of the appointment. One (1) copy of the listing shall be made available at the office of the secretary to any interested person. The secretary shall distribute by mail copies of the listings to requesting persons. The secretary may charge a duplication fee to cover the actual cost of providing such listings.

§ 10-7-606. Annual report.

Together with the compilation required in § 10-7-604, the secretary shall annually deliver to the governor and the general assembly a report containing the following information:
1. (1) The number of vacancies occurring in the preceding year;
2. (2) The number of vacancies occurring as a result of scheduled ends of terms, unscheduled vacancies and the creation of new positions;
3. (3) Breakdowns by county, legislative district and, if known, the sex and race for members whose agency membership terminated during the year and appointees to the vacant positions; and
4. (4) The names of any agencies which have not complied with the requirements of §§ 10-7-601 — 10-7-606.

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§ 10-7-607. Proportionate representation of minority and nonminority groups on appointed bodies.

(a) It is the intent of the general assembly to recognize the importance of balance in the appointment of minority and non-minority persons to membership on statutorily created decision-making and regulatory boards, commissions, councils, and committees, and to promote that balance through this section. Furthermore, the general assembly recognizes that statutorily created decision-making and regulatory boards, commissions, councils, and committees play a vital role in shaping public policy for Tennessee, and the selection of well-qualified candidates is the paramount obligation of the appointing authority.
(b) In appointing members to any statutorily created decision-making or regulatory board, commission, council, or committee of the state, the appointing authority should make a conscientious effort to select, from among the most qualified persons, those persons whose appointment would ensure that the membership of the board, commission, council, or committee accurately reflects the proportion that each group of minority persons represents in the population of the state as a whole, or, in the case of a local board, commission, council, or committee, in the population of the area represented by the board, commission, council, or committee, as determined pursuant to the most recent federal decennial census, unless the law regulating such appointment requires otherwise, or persons of the under-represented minority group cannot be recruited. If the size of the board, commission, council, or committee precludes an accurate representation of all minority groups, appointments should be made which conform to the requirements of this section insofar as possible. If there are multiple appointing authorities for the board, commission, council, or committee, they shall consult with each other to assure compliance with this section.
(c) Each appointing authority described in subsection (c) shall submit a report to the secretary of state annually by December 1, which discloses the number of appointments made during the preceding year from each minority group and the number of non-minority appointments made, expressed both in numerical terms and as a percentage of the total membership of the board, commission, council, or committee. A copy of the report shall be submitted to the governor, the speaker of the house of representatives, and the speaker of the senate. In addition, each appointing authority shall designate a person responsible for retaining all applications for appointment who shall ensure that information describing each applicant's race, ethnicity, gender, and qualifications is available for public inspection during reasonable hours. Nothing in this section requires disclosure of an applicant's identity or of any other information made confidential by law.
(d) This section applies to appointments and reappointments made after July 1, 1997. It does not prohibit a member of a decision-making or regulatory board, commission, council, or committee from completing a term being served as such member when this section takes effect. A person appointed to a decision-making or regulatory board, commission, council, or committee before July 1, 1997, may not be removed from office solely for the purpose of meeting the requirements of this section.

Part 7 Municipal Records

§ 10-7-701. Public records — Temporary records.

All documents, papers, records, books of account, and minutes of the governing body of any municipal corporation, or of any office or department of any municipal corporation, within the definition of “permanent records,” “essential records,” and/or “records of archival value,” as defined in § 10-7-301, constitute “public records” of the municipal corporation. All documents, papers, or records of any municipal corporation or of any office or department of the municipal corporation that constitute “temporary records” and/or “working papers” within the definition set forth in § 10-7-301(13) and (14) constitute “public records” of the municipality, except that “temporary records” may be scheduled for disposal as authorized in this part.

§ 10-7-702. Retention schedules.

(a) The municipal technical advisory service, a unit of the Institute for Public Service of the University of Tennessee, is authorized to compile and print, in cooperation with the state library and archives, records retention manuals which shall be used as guides by municipal officials in establishing retention schedules for all records created by municipal governments in the state.
(b) Notwithstanding any law to the contrary, the governing body of any municipality may by resolution authorize the disposal of any permanent paper record of the municipality when the record has been photocopied, photostated, filmed, microfilmed, preserved by microphotographic process, or reproduced onto computer or removable computer media, or any appropriate electronic medium, in accordance with § 10-7-121. Other records of the municipality may be disposed of when the retention period that is prescribed in the retention schedule used by the municipality has expired. For purposes of this subsection (b), disposal includes destruction of the record. A municipality may adopt reasonable rules and policies relative to the making, filing, storing, exhibiting, copying and disposal of municipal records.

Chapter 8 Confidentiality of Library Records

§ 10-8-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:
1. (1) “Library” means:
  1. (A) A library that is open to the public and established or operated by:
    1. (i) The state, a county, city, town, school district or any other political subdivision of the state;
    2. (ii) A combination of governmental units or authorities;
    3. (iii) A university or community college; or
  2. (B) Any private library that is open to the public; and
2. (2) “Library record” means a document, record, or other method of storing information retained by a library that identifies a person as having requested or obtained specific information or materials from such library. “Library record” does not include nonidentifying material that may be retained for the purpose of studying or evaluating the circulation of library materials in general.

§ 10-8-102. Disclosure prohibited — Exceptions.

(a) Except as provided in subsection (b), no employee of a library shall disclose any library record that identifies a person as having requested or obtained specific materials, information, or services or as having otherwise used such library. Such library records shall be considered an exception to § 10-7-503.
(b) Library records may be disclosed under the following circumstances:
1. (1) Upon the written consent of the library user;
2. (2) Pursuant to the order of a court of competent jurisdiction; or
3. (3) When used to seek reimbursement for or the return of lost, stolen, misplaced or otherwise overdue library materials.

§ 10-8-103. Applicability.

This chapter shall apply to libraries included within chapters 1 and 3-5 of this title.