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Questions and Answers
Which type of records is generally exempt from public disclosure under HIPAA?
Which type of records is generally exempt from public disclosure under HIPAA?
- Government EEOC reporting forms
- Medical records (correct)
- Probation records
- Accident reports
What does KRS 61.878(1)(m) address regarding public records?
What does KRS 61.878(1)(m) address regarding public records?
- Records exempt for economic reasons
- Records exempt due to public interest
- Public records exempt for individual privacy
- Records exempt due to national security concerns (correct)
Which of the following is true regarding documents reflecting statistics?
Which of the following is true regarding documents reflecting statistics?
- They require special clearance for access.
- They are considered confidential by default.
- They can be inspected even if the underlying documents are exempt. (correct)
- They are always exempt from review.
What must happen when an open records request is denied under the Homeland Security Exemption?
What must happen when an open records request is denied under the Homeland Security Exemption?
Which type of records is specifically mentioned as being confidential by the General Assembly?
Which type of records is specifically mentioned as being confidential by the General Assembly?
Which of the following types of documents employees can review?
Which of the following types of documents employees can review?
Which of the following records is exempt from public inspection due to privacy regulations?
Which of the following records is exempt from public inspection due to privacy regulations?
Under KRS 61.878(1)(1), which of these is categorized as confidential records?
Under KRS 61.878(1)(1), which of these is categorized as confidential records?
What is the purpose of KRS 61.8787(1)(d) concerning public records?
What is the purpose of KRS 61.8787(1)(d) concerning public records?
KRS 61.878(1)(f) provides an exemption for which type of records?
KRS 61.878(1)(f) provides an exemption for which type of records?
Which of the following is protected under KRS 61.878(1)(g)?
Which of the following is protected under KRS 61.878(1)(g)?
What type of records fall under KRS 61.878(1)(h) exemption?
What type of records fall under KRS 61.878(1)(h) exemption?
Preliminary drafts and notes are exempt under which KRS code?
Preliminary drafts and notes are exempt under which KRS code?
The exemption for preliminary recommendations is covered under which code?
The exemption for preliminary recommendations is covered under which code?
What is the rationale behind protecting preliminary drafts and recommendations?
What is the rationale behind protecting preliminary drafts and recommendations?
What is a common goal shared by several KRS exemptions mentioned?
What is a common goal shared by several KRS exemptions mentioned?
What is the primary purpose of the exemptions related to public agency decision-making?
What is the primary purpose of the exemptions related to public agency decision-making?
When do records related to public agency decisions become subject to public scrutiny?
When do records related to public agency decisions become subject to public scrutiny?
What happens to preliminary documents if they are included in an agency's final report?
What happens to preliminary documents if they are included in an agency's final report?
Under what circumstance may reports from outside agencies be withheld from public inspection?
Under what circumstance may reports from outside agencies be withheld from public inspection?
Which law prohibits the disclosure of certain public records?
Which law prohibits the disclosure of certain public records?
How does public access to records relate to the timing of agency actions?
How does public access to records relate to the timing of agency actions?
What is a potential negative consequence of exposing preliminary opinions to the public?
What is a potential negative consequence of exposing preliminary opinions to the public?
Which option describes the intent behind the preliminary records exemptions?
Which option describes the intent behind the preliminary records exemptions?
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Study Notes
Open Records Policy Overview
- Federal records regulations are influenced by exceptions, particularly regarding medical records under HIPAA.
- KRS 61.878(1)(1) categorizes public records that are confidential due to legislative enactments, including accident reports and attorney work product.
- KRS 61.878(1)(m) introduces the Homeland Security Exemption, preventing the release of documents that could threaten public safety by revealing vulnerabilities in government systems.
- Requests denied under the Homeland Security Exemption must be sent to the executive director of the Kentucky Office of Homeland Security and the Attorney General for review.
- KRS 61.878(2) allows access to documents reflecting statistics, even if the underlying records are not publicly accessible, highlighting open records like EEOC reporting forms.
Employee Rights and Exemptions
- KRS 61.878(3) grants employees the right to review documents related to them, but excludes those from ongoing investigations.
- KRS 61.878(1)(d) protects public records regarding prospective business locations to encourage economic development without prior public disclosure.
Financial and Examination Safeguards
- KRS 61.878(1)(f) secures real estate appraisals and feasibility studies until property acquisition is complete, safeguarding taxpayer interests.
- KRS 61.878(1)(g) protects examination materials, such as licensing test questions, to prevent compromising future tests.
Law Enforcement and Investigative Records
- KRS 61.878(1)(h) covers records from active law enforcement investigations including witness statements and investigative files to maintain integrity.
- KRS 61.878(1)(i) restricts access to preliminary drafts and correspondence that share opinions or preliminary recommendations, fostering a candid decision-making environment.
Final Decision Disclosure
- Exemptions noted in KRS 61.878(1)(g) also apply to preliminary materials, ensuring public access is granted only after a final agency decision is made.
- Preliminary documents may be withheld from public scrutiny until they are officially adopted in a final report, reinforcing controlled information release.
Federal and State Law Compliance
- KRS 61.878(1)(k) prohibits disclosure of records mandated by federal or state laws, ensuring adherence to regulatory frameworks for confidentiality.
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