§ 10-617. Required denials -- Specific information

   (a) In general. -- Unless otherwise provided by law, a custodian shall deny inspection of a part of a public record, as provided in this section.

(b) Medical and psychological information. --

   (1) In this subsection, "disability" has the meaning stated in § 20-701 of this article.

   (2) Subject to paragraph (3) of this subsection, a custodian shall deny inspection of the part of a public record that contains:

      (i) medical or psychological information about an individual, other than an autopsy report of a medical examiner;

      (ii) personal information about an individual with a disability or an individual perceived to have a disability; or

      (iii) any report on human immunodeficiency virus or acquired immunodeficiency syndrome submitted in accordance with Title 18 of the Health - General Article.

   (3) A custodian shall permit the person in interest to inspect the public record to the extent permitted under § 4-304(a) of the Health - General Article.

   (4) Except for paragraph (2)(iii) of this subsection, this subsection does not apply to:

      (i) a nursing home as defined in § 19-1401 of the Health - General Article; or

      (ii) an assisted living program as defined in § 19-1801 of the Health - General Article.

(c) Sociological information. -- If the official custodian has adopted rules or regulations that define sociological information for purposes of this subsection, a custodian shall deny inspection of the part of a public record that contains sociological information, in accordance with the rules or regulations.

(d) Commercial information. -- A custodian shall deny inspection of the part of a public record that contains any of the following information provided by or obtained from any person or governmental unit:

   (1) a trade secret;

   (2) confidential commercial information;

   (3) confidential financial information; or

   (4) confidential geological or geophysical information.

(e) Public employees. -- Subject to § 21-504 of the State Personnel and Pensions Article, a custodian shall deny inspection of the part of a public record that contains the home address or telephone number of an employee of a unit or instrumentality of the State or of a political subdivision unless:

   (1) the employee gives permission for the inspection; or

   (2) the unit or instrumentality that employs the individual determines that inspection is needed to protect the public interest.

(f) Financial information. --

   (1) This subsection does not apply to the salary of a public employee.

   (2) Subject to paragraph (3) of this subsection, a custodian shall deny inspection of the part of a public record that contains information about the finances of an individual, including assets, income, liabilities, net worth, bank balances, financial history or activities, or creditworthiness.

   (3) A custodian shall permit inspection by the person in interest.

(g) Information systems. -- A custodian shall deny inspection of the part of a public record that contains information about the security of an information system.

(h) Licensing records. --

   (1) Subject to paragraphs (2) through (4) of this subsection, a custodian shall deny inspection of the part of a public record that contains information about the licensing of an individual in an occupation or profession.

   (2) A custodian shall permit inspection of the part of a public record that gives:

      (i) the name of the licensee;

      (ii) the business address of the licensee or, if the business address is not available, the home address of the licensee after the custodian redacts all information, if any, that identifies the location as the home address of an individual with a disability as defined in subsection (b) of this section;

      (iii) the business telephone number of the licensee;

      (iv) the educational and occupational background of the licensee;

      (v) the professional qualifications of the licensee;

      (vi) any orders and findings that result from formal disciplinary actions; and

      (vii) any evidence that has been provided to the custodian to meet the requirements of a statute as to financial responsibility.

   (3) A custodian may permit inspection of other information about a licensee if:

      (i) the custodian finds a compelling public purpose; and

      (ii) the rules or regulations of the official custodian permit the inspection.

   (4) Except as otherwise provided by this subsection or other law, a custodian shall permit inspection by the person in interest.

   (5) A custodian who sells lists of licensees shall omit from the lists the name of any licensee, on written request of the licensee.

(i) Suspected collusive or anticompetitive activity. -- A custodian shall deny inspection of the part of a public record that contains information, generated by the bid analysis management system, concerning an investigation based on a transportation contractor's suspected collusive or anticompetitive activity submitted to the Department by:

   (1) the United States Department of Transportation; or

   (2) another state.

(j) Notary publics. --

   (1) Subject to paragraphs (2) through (5) of this subsection, a custodian shall deny inspection of the part of a public record that contains information about the application and commission of a person as a notary public.

   (2) A custodian shall permit inspection of the part of a public record that gives:

      (i) the name of the notary public;

      (ii) the home address of the notary public;

      (iii) the home and business telephone numbers of the notary public;

      (iv) the issue and expiration dates of the notary public's commission;

      (v) the date the person took the oath of office as a notary public; or

      (vi) the signature of the notary public.

   (3) A custodian may permit inspection of other information about a notary public if the custodian finds a compelling public purpose.

   (4) A custodian may deny inspection of a record by a notary public or any other person in interest only to the extent that the inspection could:

      (i) interfere with a valid and proper law enforcement proceeding;

      (ii) deprive another person of a right to a fair trial or an impartial adjudication;

      (iii) constitute an unwarranted invasion of personal privacy;

      (iv) disclose the identity of a confidential source;

      (v) disclose an investigative technique or procedure;

      (vi) prejudice an investigation; or

      (vii) endanger the life or physical safety of an individual.

   (5) A custodian who sells lists of notaries public shall omit from the lists the name of any notary public, on written request of the notary public.

(k) License application containing Social Security number; exceptions. --

   (1) Except as provided in paragraph (2) of this subsection, a custodian shall deny inspection of the part of an application for a marriage license under § 2-402 of the Family Law Article or a recreational license under Title 4 of the Natural Resources Article that contains a Social Security number.

   (2) A custodian shall permit inspection of the part of an application described in paragraph (1) of this subsection that contains a Social Security number to:

      (i) a person in interest; or

      (ii) on request, the State Child Support Enforcement Administration.

(l) Public record containing personal information. --

   (1) Except as provided in paragraph (2) of this subsection, a custodian shall deny inspection of the part of a public record that identifies or contains personal information about a person, including a commercial entity, that maintains an alarm or security system.

   (2) A custodian shall permit inspection by:

      (i) the person in interest;

      (ii) an alarm or security system company if the company can document that it currently provides alarm or security services to the person in interest;

      (iii) law enforcement personnel; and

      (iv) emergency services personnel, including:

         1. a career firefighter;

         2. an emergency medical services provider, as defined in § 13-516 of the Education Article;

         3. a rescue squad employee; and

         4. a volunteer firefighter, rescue squad member, or advanced life support unit member.

(m) Inspection of public records of senior citizen activities centers. --

   (1) "Senior citizen activities center" has the meaning stated in § 10-513 of the Human Services Article.

   (2) Except as provided in paragraph (3) of this subsection, a custodian shall deny inspection of the part of a public record that contains the name, address, telephone number, or electronic mail address of any individual enrolled in or any member of a senior citizen activities center.

   (3) A custodian shall permit inspection by:

      (i) a person in interest;

      (ii) law enforcement personnel; or

      (iii) emergency services personnel, including:

         1. a career firefighter;

         2. an emergency medical services provider, as defined in § 13-516 of the Education Article;

         3. a rescue squad employee; and

         4. a volunteer firefighter, rescue squad member, or advanced life support unit member.

HISTORY: An. Code 1957, art. 76A, § 3; 1984, ch. 284, § 1; ch. 285, § 8; 1985, ch. 590; 1987, ch. 11, § 1; 1992, ch. 131, § 12; 1994, chs. 38, 468; 1996, ch. 21; 1997, ch. 32; 2000, ch. 42; 2003, ch. 120; 2004, ch. 269; 2006, ch. 412; 2007, chs. 212, 213; 2009, ch. 121; 2011, chs. 438, 439; 2013, ch. 43.