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Oregon Public Records Law Page 6 of 13 <br /> constitute an unreasonable invasion of privacy. The party seeking disclosure shall have the burden <br /> of showing by clear and convincing evidence that the public interest requires disclosure in the <br /> particular instance and that public disclosure would not constitute an unreasonable invasion of <br /> privacy. <br /> 2. Records less than 75 years old which were sealed in compliance with statute or by court order. <br /> Such records maybe disclosed upon order of a court of competent jurisdiction or as otherwise <br /> <br /> 1 provided by law. <br /> 3. Records of a person who is or has been in the custody or under the lawful supervision of a state <br /> agency, a court or a unit of local government, are exempt from disclosure for a period of 25 years <br /> LI <br /> after termination of such custody or supervision to the extent that disclosure thereof would <br /> i interfere with the rehabilitation of the person if the public interest in confidentiality clearly <br /> j outweighs the public interest in disclosure. Nothing in this subsection, however, shall be <br /> construed as prohibiting disclosure of the fact that a person is in custody. <br /> j 4. Student records required by state or federal law to be exempt from disclosure. <1979 C.301 S3> <br /> 192.501 Public records exempt from disclosure. <br /> i <br /> i <br /> ~ The following public records are exempt from disclosure under ORS 192.410 to 192.505 <br /> ,unless the public interest requires disclosure in the particular instance: <br /> i, 1. Records of a public body pertaining to litigation to which the public body is a party if the F <br /> complaint has been filed, or if the complaint has not been filed, if the public body shows that such <br /> litigation is reasonably likely to occur. This exemption-does not apply to litigation which has been <br /> concluded, and nothing in this subsection shall limit any right or opportunity granted by discovery <br /> or deposition statutes to a party. to litigation or potential litigation; <br /> 2. Trade secrets. "Trade secrets," as used in this section, may include, but are not limited to, any <br /> formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or <br /> compilation of information which is not patented, which is known only to certain individuals <br /> within an organization and which is used in a business it conducts, having actual or potential <br /> commercial value, and which gives its user an opportunity to obtain a business advantage over <br /> competitors who do not know or use it; <br /> 3. Investigatory information compiled for criminal law purposes. The record of an arrest or the <br /> report of a crime shall be disclosed unless and only for so long as there is a clear need to delay <br /> disclosure in the course of a specific investigation, including the need to protect the complaining <br /> party or the victim. Nothing in this subsection shall limit any right constitutionally guaranteed, or <br /> granted by statute, to disclosure or discovery in criminal cases. For purposes of this subsection, <br /> the record of an arrest or the report of a crime includes, but is not limited to: <br /> a. The arrested person's name, age, residence, employment, marital status and similar <br /> biographical information; <br /> b. The offense with which the arrested person is charged; <br /> c. The conditions of release pursuant to ORS 135.230 to 135.290.; <br /> d. The identity of and biographical information concerning both complaining party and victim; <br /> e. The identity of the investigating and arresting agency and the length of the investigation; <br /> f. The circumstances of arrest, including time, place, resistance, pursuit and weapons used; <br /> and <br /> g. Such information as maybe necessary to enlist public assistance in apprehending fugitives <br /> from justice; <br /> 4. Test questions, scoring keys, and other data used to administer a licensing examination, <br /> employment, academic or other examination or testing procedure before the examination is given <br /> and if the examination is to be used again. Records establishing procedures for and instructing <br /> persons administering, grading or evaluating an examination or testing procedure are included in <br /> http://www.open-oregon.com/New Pages/192-410.shtml 3/11/2004 <br /> <br />