Contents of certain requests for disclosure.

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(a) The names of the individuals for whom personal information is sought;

(b) A statement describing the personal information being sought; and

(c) A statement that satisfies subsection (2) of this section.

(2) The party seeking disclosure shall show by clear and convincing evidence that the public interest requires disclosure in a particular instance.

(3) Upon receiving a request described in subsection (1) of this section, a public body shall forward a copy of the request and any materials submitted with the request to the individuals whose personal information is being sought or to any representatives of each class of persons whose personal information is the subject of the request.

(4) For purposes of subsection (3) of this section, the public body has sole discretion to determine the classes of persons whose personal information is the subject of the request and to identify the representatives for each class.

(5) The public body may not disclose information pursuant to the request for at least seven days after forwarding copies of the request under subsection (3) of this section.

(6) The public body shall consider all information submitted under this section and shall disclose requested information only if the public body determines that the party seeking disclosure has demonstrated by clear and convincing evidence that the public interest requires disclosure in a particular instance. [Formerly 192.437]

Note: 192.363 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.


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