Here is a list of those exemptions compiled for the Court by Douglas R. Pierce, Esq., of the Nashville law firm of King & Ballow and a TCOG board member. The list is as of February 2005 and TCOG does not maintain it is a complete list. Other exemptions could have been added since. The Court estimated in 2000 that an average of 8 new exemptions are proposed each year.

There are a number of exceptions to the general right of access to public records under the Tennessee Public Records Act. While many of these exceptions are set forth in T.C.A. §§ 10-7-503 and 504 of the act, many more exist outside the act.  Moreover, these exceptions are always changing and/or evolving. The following is a list of the exceptions to the Tennessee Public Records Act:

What’s not public

T.C.A. 2-10-211(b) Information entered by any candidate to the Registry of Election Finance electronic filing system until the information is filed with the Registry of Election Finance.

T.C.A. 2-11-202(a)(5) Report of an election law violations investigation conducted by the Coordinator of Elections.

 

T.C.A. 3-2-111(b)(1) Data received by General Assembly’s Fiscal Review Committee related to health benefits.

T.C.A. 3-10-108 Certain information stored or processed in legislative computer system.

T.C.A. 3-12-105 Work papers and intraoffice memoranda of Office of Legal Services for the General Assembly.

T.C.A. 3-14-109 Work papers and intraoffice memoranda of Office of Program Evaluation within General Assembly.

T.C.A. 4-3-712, -730 Proprietary information acquired by the Department of Economic and Community Development is confidential only if so designated by the Department Commissioner and the Attorney General.

T.C.A. 4-5-218 Permits state agencies to delete portions of agency documents and records, which other provisions of law designate as confidential. Allows agency to charge fee for documents.

T.C.A. 4-6-140 Permits Commissioner of Correction to restrict access to records if access would result in jeopardy to lives of inmates and officers.

T.C.A. 4-14-308 Trade secrets or commercial or financial information regarding the operation of any business conducted by an applicant for any form of assistance from the Tennessee Technology Development Corporation.

 

T.C.A. 4-17-408(e) Applications (except the identity of the applicant) with supporting documents including personal financial records, trade secrets or proprietary information of applicants and all staff meetings or portions thereof for financing from the Tennessee Industrial Finance Corporation.

T.C.A.  4-21-303(d) Human Rights Commission conciliation agreements if the complainant and respondent agree and the Commission determines that disclosure is not required to further the purposes of the Human Rights Act.

T.C.A. 4-51-124(a), -205 Certain information of the Tennessee Education Lottery Corporation.

T.C.A. 4-51-126(f) Tennessee Education Lottery Corporation’s procurement documents, contracts and any other documentation filed with the Lottery Procurement Panel.

T.C.A. 7-54-107 All proposals for construction operation or maintenance of an energy production facility are open for public inspection after the contract is awarded except for trade secrets and confidential information contained in the proposals and identified as such.

T.C.A. 7-86-317 A local emergency communications district board shall determine whether any proprietary information submitted to it shall remain confidential.

T.C.A. 8-3-104(10) Permits Governor to determine what records relating to the executive branch that are maintained by the Secretary of State require secrecy.

T.C.A. 8-4-116(c) State comptroller’s confidential work papers.

 

T.C.A. 8-4-404 Information received pursuant to Comptroller's toll-free hotline for detecting improper actions by employees of community grant agencies.

T.C.A. 8-6-112 The notice to the Executive Director of the District Attorney’s General Conference, the application for appointment of a District Attorney General Pro-Tem, and the proceedings on an application for criminal prosecution of a judge.

T.C.A. 8-6-407 All documents, records, or tangible objects obtained by the Attorney General pursuant to his investigative authority.

T.C.A. 8-25-109(a) All medical records submitted or compiled by any person or entity providing deferred compensation plans.

T.C.A. 8-25-307 All information contained in medical records obtained from government employees by entities with profit sharing plans.

T.C.A. 8-25-502 All medical diagnosis, treatment, or referral information contained in records obtained from employees pursuant to cafeteria benefit plans.

T.C.A. 8-30-303(d) All Department of Personnel civil service promotional and entrance tests and answers.

T.C.A. 8-36-510(a) All medical records obtained and kept pursuant to a consolidated retirement program.

T.C.A. 9-4-518 Any information contained in a report by a qualified public depository which is confidential by any law of the United States or Tennessee.

T.C.A. 9-8-307(a)(3) All records relating to the amount of funds reserved for each claim against the state prior to its final adjudication by the Claims Commission.

T.C.A. 9-19-109 Identity of owner of any public obligation.

T.C.A. 10-8-102 Library records identifying any person as having requested or obtained specific materials or information.

T.C.A. 10-8-102(a) Library records showing who requested or obtained specific materials.

T.C.A. 10-7-503(b) Permits head of governmental entity to promulgate rules to maintain the confidentiality of records concerning adoption proceedings.

T.C.A. 10-7-504(a)(1) Medical records of patients in state hospitals or medical facilities or receiving medical treatment at state expense.

T.C.A. 10-7-504(a)(2) Investigative records of TBI, criminal investigative files of motor vehicle enforcement division of Department of Safety relating to stolen vehicles or parts, and all files of the driver's license issuance division of the Department of Safety relating to bogus licenses issued to undercover agents.

T.C.A. 10-7-504(a)(3) Records in possession of the Military Department involving state or national security.

T.C.A. 10-7-504(a)(4) Records of students in public educational institutions.

T.C.A. 10-7-504(a)(5) Records in possession of the office of Attorney General and Reporter relating to a pending or contemplated legal or administrative proceeding in which such office may be involved.

T.C.A. 10-7-504(a)(6) State agency records containing opinions of value of real and personal property intended to be acquired for public purposes prior to final acquisition.

T.C.A. 10-7-504(a)(7) Proposals for service contracts and sealed bids for the purchase of goods and services until the contract is fully executed or awarded.

T.C.A. 10-7-504(a)(8) Investigative records of the internal affairs division of the department of correction or department of youth development.

T.C.A. 10-7-504(a)(9) Official health certificates obtained and maintained by the state veterinarian.

T.C.A. 10-7-504(a)(10) The capital plans, marketing and proprietary information, and trade secrets submitted to the Tennessee capital network at Middle Tennessee State University.

T.C.A. 10-7-504(a)(11) Records of historical research value given or sold to public archival institutions or libraries when the owner or donor of such records wishes to place restrictions on access to the records. 

T.C.A. 10-7-504(a)(12) Personal information contained in motor vehicle records which shall be open only pursuant to Title 55 of the Tennessee Code Annotated. 

T.C.A. 10-7-504(a)(13) Memoranda, work notes, case files and communications related to mental health intervention techniques conducted by mental health professionals in a group setting to provide counseling and therapy to law enforcement officers, firefighters, paramedics and other emergency medical technicians. 

T.C.A. 10-7-504(a)(14) Riot, escape, and emergency transport plans of county jails and workhouses or prisons. 

T.C.A. 10-7-504(a)(15) A utility department's records of address, telephone number and social security number that might be used to locate someone who has a protection order from a court to protect such person from violence. 

T.C.A. 10-7-504(a)(16) A governmental entity's records of address, telephone number and social security number that might be used to locate someone who has a protection order from a court to protect such person from violence. 

T.C.A. 10-7-504(a)(17) The telephone number, address and any other information which might be used to locate the whereabouts of a domestic violence shelter or rape crisis center. 

 

T.C.A. 10-7-504(d) Records of employees' identity, treatment, or referral for treatment maintained by state or local government employee assistance program.

T.C.A. 10-7-504(e) Unpublished telephone numbers in the possession of emergency communications districts.

T.C.A. 10-7-504(f) Unpublished telephone numbers, social security numbers, and driver's license information of public employees or his immediate family member.

T.C.A. 10-7-504(g) Address and telephone number of undercover law enforcement officers and his family.

T.C.A. 10-7-508 Director of records management has access to records where it is otherwise not available to the public.

T.C.A.,Title 12, Chapter 3, part 2 Sealed bidding for state contracts generally.

T.C.A. 12-4-414 Payroll records submitted to the Prevailing Wage Commission of the Department of Labor pursuant to the Prevailing Wage Act.

T.C.A. 16-20-103 Memorandum, work notes or products or case files of victim/offender mediation centers.

T.C.A. 17-4-201 Information collected for evaluation of appellate judges.

T.C.A. 17-5-303(b) Complaints of judicial disability to the Court of the Judiciary.

T.C.A. 17-5-307 Affidavits of judges who voluntarily consent to state sanctions.

T.C.A. 22-2-102(a) Prevents court personnel from divulging any secrets of the proceedings of the Jury Commissioners.

T.C.A. 22-2-302(c)(2) Jury book of Board of Jury Commissioners.

T.C.A. 23-3-105 The attorney-client privilege which presumably would restrict access to documents maintained by the government when the attorneys are government employees.

T.C.A. 23-4-105 Records, proceedings, and all communications of any lawyer’s assistance program.

T.C.A. 24-1-207(b) Communications between psychiatrist and patient when disclosed in a judicial or quasi-judicial hearing.

T.C.A. 33-3-103 Applications, certificates, records, reports, legal documents received in connection with mental health services applied for.  Butsee, T.C.A.  33-3-105 Allows disclosure in very limited circumstances. 

T.C.A. 33-3-104(10) Records identifying a present or former patient or resident treated for mental illness or mental retardation.

T.C.A. 33-3-108(b) Identity of persons who report abuse, exploitation, fraud, neglect, or mistreatment to the Department of Mental Health.

T.C.A. 36-1-102(5)(B); 36-1-111(a)(3); 36-1-116(e); 36-1-118(e)(4)(A)(ii); 36-1-125(a); 36-1-126(a)(5) Adoption records are confidential.  ButseeT.C.A. 36-1-127 Such records are available to those persons and family of those involved in the adoption.

T.C.A. 36-1-125, -126 Records relating to an adoption proceeding after the final order of adoption or dismissal is entered. See Op. Att'y Gen. No. 94-15 (Feb. 4, 1994).

T.C.A. 36-3-621(e)(1) The identity of a person who reports domestic abuse, neglect or exploitation and the information so reported.

T.C.A. 36-3-623 Records of domestic violence shelters and rape crisis centers.

T.C.A. 36-3-624(e) Documents shared within or produced by a Domestic Abuse Death Review Team or a document provided by a third party to a Domestic Abuse Death Review Team

T.C.A. 36-4-130(a) Confidential communications during divorce mediation proceedings.

T.C.A. 36-6-107 The address of the child and non-perpetrating parent in a case of child abuse or child sexual abuse.

T.C.A. 37-1-131 Whether a delinquent child is on probation or in the custody of a state agency.

T.C.A. 37-1-153 Limits access to Juvenile Court files to only those persons working on the case or with the juvenile, except as to acts of delinquency which would constitute one of nine serious crimes if committed by an adult.

T.C.A. 37-1-154 Limits access to law enforcement records at the Juvenile Court to only those persons working on the case, or with the juvenile, or law enforcement officers of other jurisdictions.

T.C.A. 37-1-155 All fingerprint and photograph records of a delinquent child.

T.C.A. 37-1-409(a) Reports of harm and the identity of the reporter of child abuse.

T.C.A. 37-1-506 Information identifying delinquents received by the Council for Juvenile and Family Court Judges.

T.C.A. 37-1-612(a) Records concerning reports of child sexual abuse and all records generated as a result of such reports.

T.C.A. 37-1-705(d) Records used in or related to teen court proceedings except as necessary to permit functioning of the teen court.

T.C.A. 37-2-408(a) Records prepared in connection with the planning, placement, or care of a child in foster care.

T.C.A. 37-2-411(b) Records obtained by the Department of Human Services for preparation of the annual report on foster care.

T.C.A. 37-5-107 Application, certificates, records, reports and all legal documents, petitions, and records identifying a child or family receiving services from the Department of Children’s Services.

T.C.A. 37-10-304 The record of evidence submitted to a court in connection with an application for a minor to have an abortion.

T.C.A. 38-1-304 Reports and the identity of persons filing reports concerning statutory rape and statutory rape prevention.

T.C.A. 38-6-106(c) The background investigation by a Judicial Nominating Commission delivered to the Governor.

T.C.A. 38-7-110(d) Court may order that portions of County Medical Examiner’s report of autopsy may be held as confidential.

T.C.A. 39-14-144(f) Any agreement between a merchant and a person responsible for minor’s theft of retail merchandise concerning the liability of such person and the payment of such damages.

T.C.A. 39-14-145(c) Written agreement entered into between a merchant and a person responsible for damages to a retail merchant for theft.

T.C.A. 39-15-202 The written consent of a pregnant woman to have an abortion.

T.C.A. 39-15-203 Abortion records and reports.

T.C.A. 40-6-304 All recordings of wire, oral, or electronic communications received through a judicially authorized wiretap.

T.C.A. 40-12-209 All written records of applications, committee action, petition, and orders to convene an investigative grand jury.

T.C.A. 40-28-119(c) Permits parole board to promulgate rules relative to the confidentiality of records of parolees.

T.C.A. 40-28-504 Written victim impact statements.

T.C.A. 40-32-101 Expungement of records.

T.C.A. 40-38-114(b) Information received by the victim of a crime from the prosecuting attorney relating to the substance of the case.

T.C.A. 40-39-206(c) Information reported on the Tennessee Bureau of Investigation Registration Form for the sex offenders registry.

T.C.A. 41-51-102(e), -103(b) The results of a correctional facility inmate’s test for infectious disease.

T.C.A. 43-35-101 Information furnished to or received by the Southern Dairy Compact Commission.

T.C.A. 45-1-126 Compliance review documents of an audit, loan review, or compliance committee appointed by the board of directors of a depository institution whose functions are to evaluate and seek to improve loan underwriting, asset quality, financial reporting, and compliance with federal or state regulatory requirements.

T.C.A. 45-2-103(a)(3)(C) Information obtained by the Commissioner of Financial Institutions when acting upon application for change of control of a bank.

T.C.A. 45-2-614 Any regulatory rating established, assigned, or accepted pursuant to agreement with a federal regulatory agent by the Tennessee Department of Banks and Financial Institutions.

T.C.A. 45-2-614(b) Regulatory rating assigned by Commissioner of Financial Institutions to any bank.

T.C.A. 45-2-1603; 45-7-216 Information obtained by bank examiner when examining the affairs of a bank.

T.C.A. 45-2-1717(c) Violations of banking laws reported by Commissioner of Department of Financial Institutions.

T.C.A. 45-3-807; 45-3-814 Allows savings and loan associations to decline to disclose their records except under certain circumstances.

T.C.A. 45-3-814 Information obtained by bank examiner when examining the affairs of a savings and loan association.

T.C.A. 45-7-216 Information contained in examinations, reports, applications, credit, investments, financial statements, and balance sheets are confidential.

T.C.A. 45-8-221 Information obtained by the banking commissioner or any financial institution’s examiner for the purposes of ascertaining the true condition of the affairs of a business and industrial development corporation.

T.C.A. 45-8-221(a) Information obtained by the Commissioner of Financial Institutions or any financial institutions examiner of a business and industrial development corporation obtained for the purpose of ascertaining the true condition of the affairs of such corporation.

T.C.A. 47-18-106(g) Information received at the request of the Consumer Affairs Division pursuant to enforcement of the Tennessee Consumer Protection Act.

T.C.A. 47-23-101 Information concerning insurance required to be kept on real estate

T.C.A.  47-25-1706 In litigation courts must preserve the secrecy of trade secrets that otherwise would be filed or submitted to the Court.  Throughout the Code trade secrets are protected.

T.C.A. 48-2-118(a)(1)(A) Information obtained through private investigation by Commissioner of Commerce and Insurance to determine if a violation of the Tennessee Securities Act has occurred.

T.C.A. 49-1-302(f) Statewide tests and answers developed by the Department of Education to measure student progress.

T.C.A. 49-6-3051 Information received by a school concerning a student’s adjudication for delinquency.

T.C.A. 49-6-6001(c) Department of Education student achievement tests and answers.

T.C.A.49-7-120(b) Trade secrets, patentable information, and commercial or financial information used in research done at state colleges and universities.

T.C.A. 49-14-103 Information received by internal auditor of University of Tennessee Board of Trustees or the Board of Regents relating to illegal, improper, wasteful or fraudulent activity or any ongoing investigation thereof.

T.C.A. 49-50-1408 Reports of alleged falsification, waste, or mismanagement of public education funds, but only to the extent the person reporting requests that the person’s reporting name not be revealed.

T.C.A. 50-3-302 Name, job title and other information that may be used to identify a witness interviewed during the course of an investigation of the Tennessee Department of Labor and Workforce Development.

T.C.A. 50-3-304(a)(3) Name of employee giving notice to Commissioner of Labor of possible violation of Occupational Safety and Health Act, if the employee request.

T.C.A. 50-3-702 An employer’s first report of work injury records maintained by the worker’s compensation division.

T.C.A. 50-3-914 Information containing or revealing trade secrets obtained by the Commissioner of Labor while enforcing the occupational safety and health laws.

T.C.A. 50-3-2013 Information containing or revealing trade secrets obtained by the Commissioner of Labor while enforcing the Hazardous Chemical Right to Know Law.

T.C.A. 50-6-131 Medical records provided to the Division of Workers Compensation.

T.C.A. 50-6-405 Statements showing an employer’s financial ability to pay workers compensation claims. 

T.C.A. 50-7-701(a)(1)(B) Information obtained by the Commissioner of the Department of Employment Security while enforcing the Employment Security Law.

T.C.A. 50-9-106 Records of the observations leading to a controlled substances reasonable suspicion test.

T.C.A. 53-10-306 Information of controlled substance database of the Commissioner of Commerce and Insurance.  Butsee, T.C.A. 53-10-308 Allowing release of such information under certain circumstances. 

T.C.A. 55-10-114 Accident reports made by a person or garage to the Department of Safety.  ButseeT.C.A. 55-10-108 which allows such access but without liability insurance information.

T.C.A. 56-1-402(g)(8) Information relating to opinion of Commissioner of Commerce and Insurance related to insurance companies’ reserve liabilities and evaluations.

T.C.A. 56-1-411 The commissioner of insurance may not disclose the contents of an examination report, preliminary examination, or report of any insurance company, except to law enforcement officials and only if they agree to maintain the confidentiality of such reports.

T.C.A. 56-3-111 Report of insurance companies to the Board of Medical Examiners concerning medical malpractice settlements in excess of a certain amount.

T.C.A. 56-5-405 Filings relating to insurance companies’ scoring models and processes.

T.C.A. 56-6-117(g) Information obtained by the Department of Commerce and Insurance as furnished by an insurer, producer, employee or agent thereof for the purposes of terminating the appointment, employment or contract or other insurance business relationship with a producer.

T.C.A. 56-9-202 Insurance department files and court records and papers in proceedings and judicial reviews of insurance companies.

T.C.A. 56-9-504(a) Records, correspondence, reports, and proceedings relating to supervision of insurers in the possession of the Commissioner of Commerce & Insurance.

T.C.A. 56-10-301(d) Insurer's material transactions and reports to Commission.

T.C.A. 56-11-203(b)(2) Identity of lender where loan is consideration for merger or acquisition of control of an insurance holding company, if the lender requests.

T.C.A. 56-11-204(c) Information submitted in the pre-acquisition notification that may be filed when there is a change in control of an insurer authorized to do business in this state.

T.C.A. 56-11-208 Information obtained by the Commissioner of Commerce and Insurance pursuant to an examination of the financial condition of an insurance company.

 

T.C.A.  56-12-211(a)(4) Information furnished by the Department of Commerce and Insurance to National Association of Insurance Commissioners concerning regulatory information system ratios and listings of companies not included in the ratios.

T.C.A. 56-32-235 Information obtained by the Department of Commerce and Insurance concerning investigations of any health maintenance organization or person providing services under TennCare.

 

T.C.A. 56-44-105 Insurance reciprocity of Commissioner of Commerce and Insurance with out-of-state confidential requirements.

T.C.A. 56-46-109 All risk-based capital reports and risk-based capital plans with respect to any domestic insurer or foreign insurer which are filed with the commissioner of insurance.

T.C.A. 56-50-107(b) Names and individual identification data for owners and insureds for purposes of life settlements.

T.C.A. 56-51-150 Information pertaining to the diagnosis, treatment or health of any enrollee of a prepaid limited health service organization or any state investigation of such organization by law enforcement, regulatory, licensing or other governmental agency for purposes of prosecuting or preventing insurance fraud.

T.C.A. 56-53-109(c) Information submitted to or generated by law enforcement or insurance department for the purposes of detecting or prosecuting insurance fraud.

T.C.A. 59-8-406 Information which pertained to only the analysis of the chemical and physical properties of coal seams, test borings, core samples, or soil samples.

T.C.A. 59-8-413 The identity of any person supplying information concerning a violation of any requirement of the Coal Surface Mining Act.

T.C.A. 60-1-504(b)(4) Data maintained by the State Geologist on the drilling of mineral test holes for a period of six months.

T.C.A. 60-1-505(c) All information pertaining to the application for and issuance of permits for mineral test holes maintained by the Oil and Gas Board.

T.C.A. 62-1-116 The accountant’s privilege, which presumably applies to accountants employed by the government.

T.C.A. 62-1-202 Records and work papers of review committee of the Board of Accountancy.

T.C.A. 62-6-124 Financial statements submitted by contractors to the Board for Licensing Contractors.

T.C.A. 62-20-119 Financial information submitted to the Collection Service Board by an applicant for or license holder.

T.C.A. 62-27-124(c) Records obtained by law enforcement officers during official polygraph examinations.

T.C.A. 62-35-131 Any written notice notifying a registered, armed security officer/guard that he or she has been denied authorization to carry a firearm.

T.C.A. 62-43-105 Financial or client information obtained from staff leasing companies.

T.C.A. 62-43-113(b)(2)(A)(i)(g) Information furnished to the Department of Labor and Workforce Development related to staff leasing companies or groups.

T.C.A. 62-43-117 All materials compiled by the Commissioner of Commerce and Insurance in determining whether a person has violated or is in danger of violating statutes related to employee leasing.

T.C.A. 63-1-117(b)(2) Identifying information of complainant and medical records concerning an allegation against a practitioner of the healing arts to the Division of Health Related Boards until introduced at disciplinary proceedings.

T.C.A. 63-1-136(d) Information provided to non-profit association for the purpose of assisting in the rehabilitation of impaired health care practitioners.

T.C.A. 63-2-101 A healthcare provider’s patient’s medical records.

T.C.A. 63-5-131(d) Information furnished to and conclusions of a Dental Peer Review Committee proceeding.

T.C.A. 63-6-214 All materials, documents, and other matters relating to an investigation conducted by the Board of Medical Examiners concerning any healthcare practitioner.

T.C.A. 63-6-219(e); 71-5-158 Information furnished to and conclusions of a Medical Review Committee proceeding.

T.C.A. 63-7-125 Communications between a registered nurse and his or her client, which presumably would apply to any nurses employed by the government.

T.C.A. 63-10-405 Information furnished to Board of Pharmacy peer review committee, association board or organization board

T.C.A. 63-11-213 Communications between a licensed psychologist or psychological examiner and his or her client are privileged, which presumably would apply to any psychologist or psychological examiner employed by the government.

T.C.A. 63-11-220(d)(2) Interviews, reports, or other information furnished to psychologist peer review committees.

T.C.A. 63-12-110(d) Information received by the Board of Veterinary Medical Examiners through inspections and investigations.

T.C.A. 63-12-138 Information furnished to Board of Veterinarian Medical Examiners peer review committees.

T.C.A. 63-13-317 Information relating to the physical therapist/patient relationship, which presumably would apply to any physical therapist employed by the government.

T.C.A. 63-22-114 Marital and family therapist communications with client.

T.C.A. 63-23-107 Communications between certified social workers and clients.

T.C.A. 65-3-109 Contracts, leases, or engagements obtained by the Department of Transportation while engaged in regulations of the railways, if the interests of the company would be injured.

T.C.A. 65-4-118 The Consumer Advocate Division may enter into agreements regarding the non-disclosure of trade secrets or other confidential commercial information obtained by the division.

T.C.A. 65-15-126 Notification of shipments of highly radioactive material.

T.C.A. 66-7-107 The identity of any person who provides evidence or other information that results in an eviction or other termination of residency where the premises or the area immediately surrounding the premises are knowingly used in violation of criminal statutes prohibiting drug use and prostitution.

T.C.A. 67-1-110; T.C.A. 67-1-703; T.C.A. 67-1-1704 A taxpayer’s confidential financial information.

T.C.A. 67-1-1702 Returns and tax information filed with or in the possession of the Commissioner of Revenue.

T.C.A. 67-1-1705(c) Investigative records of the special investigations unit of the Department of Revenue relating to potential criminal prosecutions of persons for violation of the tax laws.

T.C.A. 67-4-722(c)(1) Statements, reports, or returns of taxpayers and all audits of their records and files.

T.C.A. 67-4-2808 Information obtained from the taxation of unauthorized substances, e.g. assuming a drug dealer would pay taxes on illegal gains, he should not have to worry that his reporting of income from illegal activity will result in prosecution because he reported such illegal activity for tax purposes.

T.C.A. 67-5-402 Property tax information furnished local authorities.

T.C.A. 67-8-109 Permits Commissioner of Revenue to determine what portions of his records concerning transfer taxes should remain closed.

T.C.A. 67-8-404 Permits Commissioner of Revenue by rule to determine what portion of his records concerning inheritance taxes are closed.

T.C.A. 68-1-108(a) Individual medical information contained in UB-82 claims data filed by health insurance entities with the Commissioner of Health and Environment.

T.C.A. 68-1-119(a) Information that might reveal the identities of the patient of an ambulatory surgical treatment center.

T.C.A. 68-1-1006; 68-1-1007 Data obtained from the reports required by the Tennessee Cancer Reporting System Act of 1983.

T.C.A. 68-1-1010(b) Patient specific information relating to interstate sharing of cancer reporting.

T.C.A. 68-3-205 Vital records (records of birth, death, marriage, divorce, annulment) except that the fact and date of a birth or death is not confidential. Permits Commissioner of Health and Environment to determine by rule what portion of vital records is not confidential.

T.C.A. 68-3-313 Pre-1951 original birth certificates in adoption cases in custody of Department of Health. See Op. Att'y Gen. No. 94-15 (Feb. 4, 1994).

T.C.A. 68-5-506(e)(1) Patient identity information collected and analyzed for the birth defects registry. 

T.C.A. 68-5-703(f) Results of HIV testing of pregnant women.

T.C.A. 68-10-113 All records held by the Department of Health and Environment and local health departments concerning known or suspected cases of sexually transmitted diseases.

T.C.A. 68-10-116 The results of hepatitis B or HIV testing on any arrested person who may have exposed their blood or other bodily fluid to a law enforcement officer.

T.C.A. 68-10-117 The HIV or hepatitis B test results of any person who may have exposed an emergency worker to any potentially life threatening, airborne or bloodborne diseases.  The HIV or hepatitis B virus test results of any employee of a healthcare facility who is exposed to the blood or other bodily fluid of a patient.

T.C.A. 68-11-210(a)(5)(C) Joint Commission on Accreditation of Hospital's report concerning the accreditation of a hospital or nursing home.

T.C.A. 68-11-211(d) Information obtained to assist health care providers and states to collect meaningful health care data to minimize the frequency and severity of patient abuse and to improve the delivery of health care services.

T.C.A. 68-11-222(d)(2) Results of HIV tests

T.C.A. 68-11-255(c) The identity of the parents or infant concerning the surrendering of custody of an unwanted infant.

T.C.A. 68-11-304(c) Hospital records.

T.C.A. 68-11-804; T.C.A. 68-11-901; T.C.A. 68-11-910 Patients of a nursing home have the right to keep their personal records confidential.

T.C.A. 68-11-904 The identity of the complainant and the identity of any patient or resident who is the subject of a complaint concerning any nursing home.

T.C.A. 68-11-909 Nursing home resident morbidity and mortality data gathered to aid enforcement of quality care standards for nursing homes.

T.C.A. 68-24-508 The registration and other records of alcohol abuse treatment facilities.

T.C.A. 68-29-107 Reports made by medical laboratories to the Commissioner of Health and Environment concerning infectious diseases.

T.C.A. 68-30-111 Sources of body parts for transplantation.

T.C.A. 68-55-204 Information obtained by the Commissioner of Health, Safety and Environmental Health concerning treatment of a person with traumatic brain injury.

T.C.A. 68-140-514(b)(1) Information from an investigation conducted by the Department of Health concerning the authority of any provider of any emergency medical services. 

T.C.A. 68-142-108 Information required by a child fatality review team.

T.C.A. 68-202-217 Proprietary information regarding atomic energy and nuclear materials.

T.C.A. 68-212-306, 68-212-311 Annual waste reduction progress report or plan.

T.C.A. 68-212-205(d)(1)(A) On site technical assistance provided to hazardous waste generators by Commissioner of Health or the Solid Waste Disposal Control Board.

 

T.C.A. 69-3-113 Secret formulae or proprietary manufacturing processes obtained by the Commissioner of Health and Environment pursuant to enforcement of the Water Quality Control Act.

T.C.A. 71-1-118 Prohibits copying of the list of public welfare recipients maintained by the Commissioner of Human Services.

T.C.A. 71-1-131 Records of the Department of Human Services concerning child or spousal support services.

T.C.A. 71-3-119 Any information derived from the Department of Human Services concerning persons applying for or receiving aid and services to needy families with children.

T.C.A. 71-5-107(f)(2)(G) Information generated by a member of TennCare Foundation in the course of the Foundation’s work.

T.C.A. 71-5-142(a) Provider reimbursement information and other proprietary information for the purpose of administering the TennCare program.

T.C.A. 71-5-143(e) Information provided to or acquired by a member of the TennCare Commission staff.

T.C.A. 71-5-197(d) Information relating to pharmaceutical drugs contained in the records of the TennCare Bureau relating to pricing, trade secrets and proprietary information.

T.C.A. 71-5-304(5) Requires Department of Human Services to prevent unauthorized disclosure of information concerning food stamp recipients.

T.C.A. 71-6-118 Identity of person reporting abuse or neglect under the Adult Protection Act.

Tenn. R. Crim. P. 16(a)(2) Investigative files relevant to pending or contemplated criminal action.

T.C.A. 71-6-203(8)(B) Information submitted by child abuse services for the Department of Children Services relating solely to recipients of child abuse prevention services for the narrow purposes of tracking the effectiveness of child abuse prevention services.

Rules of the Court of the Judiciary #7 Matters that come before the Court of the Judiciary.

Rules of Juvenile Procedure #33 Predisposition reports prepared on a juvenile.

Rules of the Supreme Court #9, sec. 25 Proceedings involving allegations of misconduct by or the disability of an attorney until a certain time.

  This list was current as of February, 2005.  The Tennessee General Assembly, however, has averaged adding approximately eight new exceptions each year since 1988.