19 Miss. Code. R. 1-13.06

Current through August 31, 2024

Rule 19-1-13.06 - Exemptions

A. A requested record shall not be withheld from inspection or copying unless it comes within one of the classes of records exempted by the Public Records Act of 1983, Miss. Code Ann. 25-61-1 et seq.

B. The classes of records authorized to be exempted from disclosure are those which concern matters are:

1. Records furnished to public bodies by third parties which contain trade secrets or confidential commercial or financial information until notice to said parties has been given, but such record shall be released within a reasonable period of time unless said third party shall have obtained a court order protecting such records as confidential.

2. Any public record held to be exempt from disclosure which contain confidential or privileged or exempt material by a state or federal court decision, constitutional provision or statute;

3. Records in the possession of a public body, which are developed among judges and among judges and their aides;

4. Records in the possession of a public body, which are developed among juries concerning judicial decisions;

5. Personnel records and applications for employment in the possession of a public body, except those which may be released to the person who made the application or with the prior written consent of the person who made the application;

6. Test questions and answers in a public body which are used in employment examinations;

7. Letters of recommendation in the possession of a public body respecting any application of employment;

8. Records in the possession of a public body, which represent and constitute the work product of any attorney, representing a public body and which are related to litigation made by or against such public body or in anticipation of prospective litigation, including all communications between such attorney made in the course of an attorney/client relationship;

9. Records in the possession of a public body which would disclose information about a person's tax payment or status;

10. Appraisal information in the possession of a public body, which would concern the sale or purchase of real or personal property for public purposes prior to public announcement of the purchase or sale, where the release of such records would have a detrimental effect on such sale or purchase;

11. Test questions and answers in the possession of a public body which are to be used in future academic examinations;

12. Letters of recommendation in the possession of a public body respecting admission to any educational agency or institution;

13. Records in the possession of a public body which are not otherwise protected by law, that:

a. are compiled in the process of detecting and investigating any unlawful activity or alleged unlawful activity, the disclosure of which would harm such investigation;

b. would reveal the identity of informants;

c. would prematurely release information that would impede the public body's enforcement, investigative or detection efforts in such proceedings;

d. would disclose investigatory techniques;

e. would deprive a person of a right to a fair trial or an impartial adjudication;

f. would endanger the life or safety of a public official or law enforcement personnel; or

g. are matters pertaining to quality control or peer review activities;

h. applications for licensure in the possession of a public body except that which may be released to the person who made the application or with the prior written consent of the person who made the application;

i. test questions in the possessions of a public body that are to be used in the future license examinations;

j. commercial and financial information of a proprietary nature to be submitted to a public body by a firm, business, partnership, association, corporation, individual or other like entity; provided, however, that nothing herein shall be considered to deny access to such information submitted to a regulatory agency by a public utility that is related to the establishment of, or changes in, rates regulated by such agency.

19 Miss. Code. R. 1-13.06

Miss. Code Ann. § 25-61-1, et seq. (Rev. 2011)