MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Judiciary B
By: Representative Lott, Cameron, Formby, Jennings, Robertson, Wells-Smith, Whittington
AN ACT TO PROVIDE THAT PERSONAL INFORMATION ABOUT AN INDIVIDUAL IN THE POSSESSION OF ANY STATE OFFICER, AGENCY, DEPARTMENT OR INSTITUTION IS CONFIDENTIAL AND SHALL NOT BE SOLD, PROVIDED OR OTHERWISE DISCLOSED TO ANY THIRD PARTY, EXCEPT AS AUTHORIZED BY THIS ACT; TO PROVIDE THAT PERSONAL INFORMATION ABOUT AN INDIVIDUAL CONTAINED IN ANY DOCUMENT OR RECORD IN THE POSSESSION OF AN AGENCY IS EXEMPT FROM THE PUBLIC RECORDS ACT; TO SPECIFY THE CASES IN WHICH PERSONAL INFORMATION ABOUT AN INDIVIDUAL IN THE POSSESSION OF AN AGENCY MAY BE SOLD, PROVIDED OR OTHERWISE DISCLOSED TO THIRD PARTIES; TO AMEND SECTION 25-61-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section:
(a) "Agency" means an agency, department, institution, officer or employee of the State of Mississippi. This term includes the state institutions of higher learning.
(b) "Personal information" means a residence address, residence telephone number, Social Security number, date of birth, financial information, credit information, medical information or other similar information that is generally considered to be personal and private about an individual.
(2) Personal information in the possession of an agency in any format is confidential and shall not be sold, provided or otherwise disclosed to any third party, except as authorized by subsection (4) of this section.
(3) Personal information contained in any document or record in the possession of an agency in any format is exempt from the provisions of the Mississippi Public Records Act of 1983 (Section 25-61-1 et seq.).
(4) Personal information in the possession of an agency may be sold, provided or otherwise disclosed to third parties only in the following cases:
(a) An agency may provide or disclose personal information in its possession to a state, federal or local governmental entity if state or federal law requires that personal information to be provided or disclosed to that governmental entity.
(b) An agency may provide or disclose personal information in its possession to another agency if that information is needed by the recipient agency for the performance of its official duties.
(c) An agency may sell, provide or otherwise disclose personal information in its possession to any third party if the individual to whom the personal information pertains has given his or her consent in writing for the personal information to be sold, provided or otherwise disclosed to that third party.
SECTION 2. Section 25-61-5, Mississippi Code of 1972, is amended as follows:
25-61-5. (1) Except as otherwise provided by Sections 25-65-9, 25-65-11 and Section 1 of this act, all public records are * * * declared to be public property, and any person shall have the right to inspect, copy or mechanically reproduce or obtain a reproduction of any public record of a public body in accordance with reasonable written procedures adopted by the public body concerning the cost, time, place and method of access, and public notice of the procedures shall be given by the public body, or, if a public body has not adopted those written procedures, the right to inspect, copy or mechanically reproduce or obtain a reproduction of a public record of the public body shall be provided within one (1) working day after a written request for a public record is made. No public body shall adopt procedures that will authorize the public body to produce or deny production of a public record later than fourteen (14) working days from the date of request for the production of the record.
(2) Denial by a public body of a request for access to or copies of public records under this chapter shall be in writing and shall contain a statement of the specific reasons for the denial. Each public body shall maintain a file of all denials of requests for public records. Public bodies shall be required to preserve those denials on file for not less than three (3) years from the date that the denials are made. This file shall be made available for inspection and/or copying during regular office hours to any person upon written request.
SECTION 3. This act shall take effect and be in force from and after July 1, 2002.