Provides for protected information of certain individuals
Provides for protected information of certain individuals
House Bill 67 amends Louisiana Revised Statutes 44:11.2(J) to expand an existing exception to the confidentiality protections afforded to protected individuals. The bill adds district clerks of court to the list of public officials whose publications of personal information are exempt from the restriction on disclosure. Under present law, protected individuals cannot prevent the office of the secretary of state from publishing their personal information or request removal of such information once published by that office. The bill extends this same exception to district clerks of court, meaning that protected individuals have no right to withhold or remove their personal information when a district clerk publishes it in the course of maintaining court records.
The practical effect of this legislation is that individuals who qualify for protected status under Louisiana public records law will lose their confidentiality protections specifically with respect to documents maintained and published by district clerks of court. District clerks maintain comprehensive records of civil and criminal proceedings, including names, addresses, and other identifying information that may appear in judgments, motions, pleadings, and dockets. Protected individuals will no longer be able to request that district clerks remove or redact their personal information from publicly accessible court records, even though the same individuals retain these rights against other governmental entities.
This amendment operates within the framework of Louisiana's Public Records Law, specifically R.S. 44:1 et seq., which governs access to public documents held by public bodies. The concept of protected individuals is defined within R.S. 44:11.2 and includes categories of persons such as judges, law enforcement officers, and prosecutors whose personal information historically receives heightened confidentiality protection due to safety and security concerns. By adding district clerks of court to the carve-out provision, the legislature treats court records as a category of public information that takes precedence over the personal information protections otherwise available to these individuals, reflecting a determination that the transparency of judicial records outweighs the confidentiality interests of protected persons in that context.
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