Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 4 - MISCELLANEOUS, ORDERS IN OTHER THAN CONTESTED CASES › Section 137-004-0800 - Public Records Personal Safety Exemption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual may request that a public
			 body not disclose the information in a specified public record that indicates
			 the home address, personal telephone number or personal electronic mail address
			 of the individual. If the individual demonstrates to the satisfaction of the
			 public body that the personal safety of the individual or the personal safety
			 of a family member residing with the individual is in danger if the home
			 address, personal telephone number or personal electronic mail address remains
			 available for public inspection, the public body may not disclose that
			 information from the specified public record, except in compliance with a court
			 order, to a law enforcement agency at the request of the law enforcement
			 agency, or with the consent of the individual.
(2) A request under subsection (1) of this
			 rule shall be submitted to the custodian of public records for the public
			 record that is the subject of the request. The request shall be in writing,
			 signed by the requestor, and shall include:
(a) The name or a description of the public
			 record sufficient to identify the record;
(b) A mailing address for the
			 requestor;
(c) Evidence sufficient
			 to establish to the satisfaction of the public body that disclosure of the
			 requestor's home address, personal telephone number or personal electronic mail
			 address would constitute a danger to the personal safety of the requestor or of
			 a family member residing with the requestor. Such evidence may include the
			 following documents:
(A) Documentary
			 evidence, including a written statement, that establishes to the satisfaction
			 of the public body that disclosure of the requestor's home address, personal
			 telephone number or personal electronic mail address would constitute a danger
			 to the personal safety of the requestor or of a family member residing with the
			 requestor;
(B) A citation or an
			 order issued under ORS
			 133.055 for the protection of
			 the requestor or a family member residing with the requestor;
(C) An affidavit or police reports showing
			 that a law enforcement officer has been contacted concerning domestic violence,
			 other physical abuse or threatening or harassing letters or telephone calls
			 directed at the requestor or a family member residing with the
			 requestor;
(D) A temporary
			 restraining order or other no-contact order to protect the requestor or a
			 family member residing with the requestor from future physical abuse;
(E) Court records showing that criminal or
			 civil legal proceedings have been filed regarding physical protection for the
			 requestor or a family member residing with the requestor;
(F) A citation or a court's stalking
			 protective order pursuant to ORS
			 163.735 or
			 163.738, issued or obtained for
			 the protection of the requestor or a family member residing with the
			 requestor;
(G) An affidavit or
			 police reports showing that the requestor or a family member residing with the
			 requestor has been a victim of a person convicted of the crime of stalking or
			 of violating a court's stalking protective order;
(H) A conditional release agreement issued
			 under ORS 135.250-260 providing protection
			 for the requestor or a family member residing with the requestor;
(I) A protective order issued pursuant to ORS
			 135.873 or
			 135.970 protecting the identity
			 or place of residence of the requestor or a family member residing with the
			 requestor;
(J) An affidavit from a
			 district attorney or deputy district attorney stating that the requestor or a
			 family member residing with the requestor is scheduled to testify or has
			 testified as a witness at a criminal trial, grand jury hearing or preliminary
			 hearing and that such testimony places the personal safety of the witness in
			 danger;
(K) A court order stating
			 that the requestor or a family member residing with the requestor is or has
			 been a party, juror, judge, attorney or involved in some other capacity in a
			 trial, grand jury proceeding or other court proceeding and that such
			 involvement places the personal safety of that individual in danger;
			 or
(L) An affidavit, medical
			 records, police reports or court records showing that the requestor or a family
			 member residing with the requestor has been a victim of domestic
			 violence.