Text to be removed highlighted in red.
1 Statement of Purpose and Findings. The general court finds that:
I. Investigations conducted or commissioned by public bodies are funded by taxpayers and therefore belong to the public.
II. Secrecy in publicly funded investigations undermines accountability and public trust.
III. Narrow redactions are sufficient to protect genuine privacy interests while ensuring public access to investigative findings.
2 Minutes and Records Available for Public Inspection. New Paragraph; Minutes and Records Available for Public Inspection. Amend RSA 91-A:4 by inserting after paragraph IX the following new paragraph:
X. Notwithstanding RSA 91-A:5, any record, report, or other material generated in the course of an investigation funded in whole or in part with public funds shall be subject to disclosure under this chapter, provided that:
(a) The public body or agency may redact only those portions necessary to comply with federal or state law protecting personal privacy, including but not limited to the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA), or other applicable statutory privileges.
(b) Such redactions shall be narrowly tailored to remove only information strictly required by law to be withheld.
(c) Findings, conclusions, recommendations, and factual summaries shall not be withheld in their entirety on the basis of privacy exemptions.
(d) Public officials and employees acting in their official capacities shall have no right of personal privacy in such investigations.
3 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 Statement of Purpose and Findings. The general court finds that:
I. Investigations conducted or commissioned by public bodies are funded by taxpayers and therefore belong to the public.
II. Secrecy in publicly funded investigations undermines accountability and public trust.
III. Narrow redactions are sufficient to protect genuine privacy interests while ensuring public access to investigative findings.
2 Minutes and Records Available for Public Inspection. New Paragraph; Minutes and Records Available for Public Inspection. Amend RSA 91-A:4 by inserting after paragraph IX the following new paragraph:
X. Notwithstanding RSA 91-A:5, any record, report, or other material generated in the course of an investigation funded in whole or in part with public funds shall be subject to disclosure under this chapter, provided that:
(a) The public body or agency may redact only those portions necessary to comply with federal or state law protecting personal privacy, including but not limited to the Family Educational Rights and Privacy Act (FERPA), the Health Insurance Portability and Accountability Act (HIPAA), or other applicable statutory privileges.
(b) Such redactions shall be narrowly tailored to remove only information strictly required by law to be withheld.
(c) Findings, conclusions, recommendations, and factual summaries shall not be withheld in their entirety on the basis of privacy exemptions.
(d) Public officials and employees acting in their official capacities shall have no right of personal privacy in such investigations.
3 Effective Date. This act shall take effect 60 days after its passage.