§ 909. Access to information; confidentiality [Repealed effective May 1, 2027]
(a) Access to State records and information.
(1) The Commission shall have access to and the right to copy any record or other information
held by all executive, administrative, and judicial agencies and departments and all
instrumentalities of the State. All executive, administrative, and judicial agencies
and departments and all instrumentalities of the State shall cooperate with the Commission
with respect to any request for access to any record or other information and shall
provide all records or other information requested by the Commission to the extent
permitted by law.
(2) The Commission shall keep confidential any information received from an executive,
administrative, or judicial agency or department or an instrumentality of the State
that is confidential or is exempt from the Public Records Act.
(b) Confidentiality requirements.
(1) Except as otherwise provided pursuant to subsection (c) of this section, information
and records acquired by or provided to the Commission that would in any manner reveal
an individual’s identity shall be kept confidential and shall be exempt from public
inspection and copying under the Public Records Act.
(2) The Commission shall not include the personally identifying information of any individual
in any report that it produces without the express, written consent of the individual.
(c) Exceptions.
(1) Except as provided in subdivision (2) of this subsection, information and records
acquired by or provided to the Commission shall only be available to the public in
an anonymized form that does not reveal the identity of any individual.
(2) Information or records acquired by or provided to the Commission may be disclosed
in a manner that would reveal the identity of an individual if that individual has
provided their express, written consent to the disclosure of the information or record
in a manner that would reveal their identity.
(d) Private proceedings.
(1) Notwithstanding any provision of chapter 5, subchapter 2 of this title, the Vermont
Open Meeting Law, or section 911 of this chapter to the contrary, the Commission shall
permit any individual who is interviewed by the Commission to elect to have the individual’s
interview conducted in a manner that protects the individual’s privacy and to have
any recording of the interview kept confidential by the Commission. Any other record
or document produced in relation to an interview conducted pursuant to this subdivision
(d)(1) shall be available to the public in an anonymized form that does not reveal
the identity of any individual.
(2) The Commission shall adopt procedures and safeguards to ensure to the greatest extent
possible that it does not conduct any interview in a manner that is open to the public
if the interview will reveal the identities of individuals other than the interviewee
without the express, written consent of those individuals. (Added 2021, No. 128 (Adj. Sess.), § 2, eff. May 24, 2022; amended 2023, No. 107 (Adj. Sess.), § 9, eff. May 13, 2024; repealed on May 1, 2027 by 2021, No. 128 (Adj. Sess.), § 4.)