Nebraska Statutes 20-803. Personal information; exempt from disclosure; public agency; prohibited acts; contractor or grantee; protected information; applicability
(1) Notwithstanding any provision of law to the contrary, and except as otherwise provided in this section, each public agency is prohibited from:
Terms Used In Nebraska Statutes 20-803
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grantee: shall include every person to whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) Requiring any individual to provide personal information or otherwise compelling the release of personal information;
(b) Requiring any nonprofit organization to provide such public agency with personal information or otherwise compelling the release of personal information;
(c) Publicizing or otherwise publicly disclosing personal information in the possession of such public agency without the express permission of every individual who is identifiable from the potential release of such personal information, including individuals identifiable as members, supporters, or volunteers of, or donors to, a nonprofit organization; or
(d) Requesting or requiring a current or prospective contractor or grantee to provide such public agency with a list of nonprofit organizations to which such contractor or grantee has provided financial or nonfinancial support.
(2) Personal information is exempt from disclosure under public records laws, including, but not limited to, sections 84-712 to 84-712.09 and 84-1413.
(3) This section does not prohibit:
(a) Any report or disclosure required by the Nebraska Political Accountability and Disclosure Act;
(b) Any report or disclosure by a public agency regarding testimony received at a public hearing conducted by such public agency;
(c) Any lawful warrant, subpoena, or order issued by a court of competent jurisdiction for the production of personal information;
(d) Any lawful request for discovery of personal information in litigation if both of the following conditions are met:
(i) The requestor demonstrates a compelling need for such personal information by clear and convincing evidence; and
(ii) The requestor obtains an order barring disclosure of such personal information to any person not named in the litigation;
(e) Admission of personal information as relevant evidence before a court of competent jurisdiction. However, no court shall publicly reveal personal information absent a specific finding of good cause;
(f) Any report or disclosure required by state or federal law or regulation for an employee of the University of Nebraska or any state college. Except as otherwise required by law, no such report or disclosure shall be subject to release under the state public records laws;
(g) Any report or disclosure required by conflict of interest, conflict of commitment, or outside income policies for an employee or contractor of the University of Nebraska or any state college. Except as otherwise required by law, no such report or disclosure shall be subject to release under the state public records laws;
(h) Any document required or permitted to be filed with the Secretary of State disclosing the identity of any director, officer, incorporator, or registered agent of a nonprofit organization;
(i) Any request for information required by the Uniform Credentialing Act or Health Care Facility Licensure Act or by a federal funding agency;
(j) A request for information required for a criminal history record information check undertaken pursuant to express statutory authority, except that such information shall only be used in connection with the specific criminal history record information check and for any related proceedings;
(k)(i) The Auditor of Public Accounts from accessing personal information during an examination undertaken pursuant to express statutory authority. The auditor may publicly disclose personal information obtained during such examination only if that information:
(A) Pertains specifically to a person who has violated or is alleged to have violated a state or federal law, rule, or regulation or an ordinance of a city or village; or
(B) Pertains to a person directly associated with a violation described in subdivision (3)(k)(i)(A) of this section.
(ii) This subdivision (3)(k) shall be strictly construed and only authorizes disclosure of personal information pertaining to a person who meets the criteria described in subdivision (3)(k)(i) of this section.
(iii) All other personal information accessed by the Auditor of Public Accounts shall be subject to the restrictions on working papers contained in section 84-311 ; or
(l) Subject to compliance with section 8-112, any request for, or release of, information, a record, or a report, obtained by the Department of Banking and Finance from a nonprofit organization.