TITLE 42
State Affairs and Government

CHAPTER 42-12
Department of Human Services

SECTION 42-12-22


§ 42-12-22 Confidentiality of personal information – Authorized uses.

(a) All personal information contained in the records of the department of human services which is identifiable to an applicant for or recipient of vocational rehabilitation services under this chapter is hereby declared to constitute a confidential matter. Except as expressly provided herein, it shall be unlawful for any person to make use of, or cause to be used, any of such personal information contained in the records of the department of human services for purposes not directly connected with the administration of the vocational rehabilitation programs of the department of human services. The director of the department of human services shall have the power to establish rules and regulations governing the custody, preservation, disclosure, or release of the records, papers, files and communications containing that personal information.

(b) The department shall release or disclose the personal information described in subsection (a):

(1) Upon the written request of the applicant or recipient, or his or her authorized representative; or

(2) If required by federal law or regulations; or

(3) In response to law enforcement investigations and fraud or abuse investigations, except where release or disclosure is expressly prohibited by federal or state law or regulations; or

(4) In response to judicial order.

Provided, however, that when the personal information has been obtained by the department from another department, agency, organization or individual, it shall be released by, or under the conditions established by, the other department, agency organization, or individual. Nothing in this section shall be deemed to prohibit the director of the department of human services, or his or her agents duly authorized for that purpose, from issuing any statistical material or data, or publishing or causing the same to be published whenever he or she shall deem it to be in the public interest.

History of Section.
(P.L. 1988, ch. 98, § 1.)