Authority of commissioner to deny access to information - redaction exceptions.

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(1) The commissioner may deny access to personal information about persons involved with the livestock industry if the commissioner reasonably believes dissemination of such information will cause harm to such persons.

(2) On the grounds that disclosure would be contrary to the public interest, the commissioner may deny access to the following:

  1. Specific operational details of livestock operations that constitute confidential commercial data pursuant to section 24-72-204, C.R.S. Such operational details include ownership, numbers, locations, and movements of livestock; financial information; the purchase and sale of livestock; account numbers or unique identifiers issued by government or private entities; operational protocols; and participation in an all-hazards security system.

  2. Information related to livestock disease or injury:

  1. That would identify a person or location; or

  2. That contains confidential data pursuant to the veterinary-patient-client privilege described in section 24-72-204 (3)(a)(XIV), C.R.S.;

(c) Records of ongoing investigations that pertain to livestock; however, such records shall not be withheld if the investigation has concluded and the person being investigated is found by the commissioner to have violated any provision of this title that pertains to livestock.

  1. If the commissioner denies access to information pursuant to paragraph (a) or (b) ofsubsection (2) of this section, the commissioner shall redact the confidential information and make the remaining portions of such record available for disclosure. If the commissioner is unable to redact the record within the time limits established in section 24-72-203 (3), C.R.S., such time limits shall be waived and the commissioner shall redact the information and provide the redacted record as soon as is practicable.

  2. Nothing in this article shall be construed to authorize the commissioner to obtaininformation not otherwise permitted by law.

  3. Nothing in this article shall:

  1. Preclude a person in interest from accessing his or her own information;

  2. Prevent the commissioner from releasing biological livestock samples to authorizedexternal entities for scientific testing, so long as the testing entity agrees to maintain the confidentiality of the information it receives;

  3. Prevent the commissioner from disclosing information that is otherwise permitted orrequired to be disclosed; or

  4. Apply when the commissioner determines that disclosure of livestock information isnecessary to prevent or address an immediate threat to the health and safety of a person or animal.

  1. When disclosing information pursuant to subsection (5) of this section, the commissioner shall release only as much information as is necessary to address the situation.

Source: L. 2008: Entire article added, p. 678, § 2, effective August 5.


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