(1) The following are not public records unless the public interest requires disclosure in the particular instance:

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(a) Mileage information required to be filed with the Department of Transportation under agreements authorized by ORS § 826.007.

(b) Information collected by the department from a motor carrier for the purpose of conducting an audit under an agreement authorized by ORS § 826.007.

(2) A motor carrier to whom the information pertains, or a person who has written permission from the carrier, may inspect information described in subsection (1) of this section.

(3) The department, upon request or as required by law, shall disclose information from the records described in subsection (1) of this section to a government agency for use in carrying out its governmental functions. [1997 c.501 § 4]