Md. Code Regs. 07.01.07.07

Current through Register Vol. 51, No. 25, December 13, 2024

Section 07.01.07.07 - Discretionary Denial of Request for Disclosure of Records

An official custodian may deny disclosure or personal review of a record otherwise required to be disclosed if:

A. The official custodian believes that disclosure is contrary to:

(1) The public interest;

(2) In a child abuse or neglect case, the best interest of a child who was allegedly subject to abuse or neglect, of the child's siblings, or of other children in the household, family, or care of the alleged abuser or neglector; or

(3) In an adult protective service case, the best interest of a vulnerable adult who was allegedly subject to abuse, neglect, self-neglect, or exploitation; and

B. One of the following circumstances exists:

(1) A State or federal statute or regulation, a Maryland Rule of Procedure, or a court order gives the custodian discretion to deny disclosure,

(2) The official custodian determines, after consulting with counsel, that the record is subject to an attorney-client, attorney work-product, executive, or other privilege,

(3) The information requested consists of specific details of a research project conducted by a State agency, except that the name, title, expenditures, and availability date of the final project summary shall be disclosed upon request, or

(4) The record concerns a law enforcement investigation, or is an investigatory file compiled for a law enforcement, judicial, or prosecution purpose, to the extent permitted by State Government Article, § 10-618, Annotated Code of Maryland.

Md. Code Regs. 07.01.07.07

Regulations .07, Access to Public Records, repealed effective October 28, 1991 (18:21 Md. R. 2306)
Regulations .07, Confidentiality of Records, adopted effective October 28, 1991 (18:21 Md. R. 2306)