Section 1395-01-06-.02 - PURPOSE(1) Due to the inherently intrusive nature of criminal investigations and the sensitive nature of material contained in bureau records, access by the public to records of the bureau is extremely limited and subject to several considerations. The bureau has promulgated this chapter to provide guidance and information to persons who may seek access.(2) Pursuant to the Tennessee Public Records Act, Tenn.Code Ann. § 10-7-504(a)(2), investigative records of the bureau "shall be treated as confidential and shall not be open to inspection by members of the public." Access to investigative records may be gained only in compliance with process from a court of record, including either a subpoena or a court order. Access to investigative records may not be gained under this statute by using process from an administrative tribunal, a general sessions court, a city court, or other court that is not of record. Accordingly, the director(a) does not produce investigative records pursuant to a request to inspect or pursuant to subpoenas or orders from tribunals that are not courts of record, such as administrative tribunals, general sessions courts, and city courts;(b) opposes any access to investigative records in the absence of a protective order limiting the use of those records, even if records are released pursuant a court of record's subpoena or order; and(c) does not produce investigative records in response to any subpoena or order issuing from a tribunal with no in personam jurisdiction over bureau personnel.(3) In addition to the general confidentiality found in Tenn. Code Ann. § 10-7-504(a)(2), bureau records are subject to specific restrictions on their release as "otherwise provided by state [and Federal] law." The director resists producing material that is specifically confidential and privileged. For example, the bureau cannot release(a) National Crime Information Center records, pursuant to 28 C.F.R. §20.33;(b) records obtained from the Federal Bureau of Investigation, pursuant to 5 U.S.C. § 552(b) and 28 C.F.R. § 16.96(g);(c) Social Security Numbers, pursuant to 5 U.S.C. §552a Note, Disclosure of Social Security Numbers;(d) information protected by the holding in Kallstrom vs City of Columbus, 136 F.3d 1055, 1066 (6th Cir. 1998);(e) medical information protected by the holding in Stenson vs City of Knoxville, E.D.Tenn.No. 3-98-cv-142 (Memorandum and Order, R. 27, August 26, 1998);(f) information protected by the informer's privilege, and(g) information protected by the attorney work product doctrine, Tenn.R.Crim.P. 16. (4) Accordingly, this chapter is designed to:(a) Assist courts of record by establishing written procedures to govern the production of investigative records in response to legal process;(b) Ensure timely and complete responses by the bureau to legal process;(c) Protect against the release of privileged or confidential information as otherwise provided by State and Federal law; and(d) Provide for review of legal process by legal counsel and by the Tennessee Attorney General to determine whether: 1. the demand is procedurally and legally correct;2. the appropriate employee has been designated to supply the required documents or testimony; and3. any legal defense should be asserted against compliance with legal process.Tenn. Comp. R. & Regs. 1395-01-06-.02
Original rule filed November 6, 2001; effective March 30, 2002.Authority: T.C.A. §§ 4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S.Ct. 416, 95 L.Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45; Page vs Turncott, 179 Tenn. 491, 167 S.W.2d 350 (1943).