Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 13 - (83-1) Public Records Act as Same Is Interpreted By the Mississippi Insurance Department › Rule 19-1-13.06 - Exemptions

Current through June 25, 2024
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.