New Hampshire Revised Statutes 106-H:14 – Information Not Subject to Right-to-Know Law
Current as of: 2023 | Check for updates
|
Other versions
I. Any information or records compiled under this chapter shall not be considered a public record for the purposes of N.H. Rev. Stat. Chapter 91-A regardless of the use of such information under paragraph II.
II. Notwithstanding paragraph I, the division shall make information or records compiled under this chapter available only as follows:
(a) On a case-by-case basis to a law enforcement agency that requires the information or records for investigative purposes;
(b) To the department of environmental services solely for the purposes of estimating the location of wells subject to N.H. Rev. Stat. Chapter 482-B and for creating and maintaining an inventory of drinking water sampling sites and the materials used for water system service lines needed to comply with the Federal Safe Drinking Water Act. The department of environmental services shall not be required to release such data under RSA 91-A; and
(c) To the caller or their legal representative, or to the subject of the call or their legal representative, with written authorization of the recipient on a form satisfactory to the department, that such information or records are being made available solely for the purposes of investigation in anticipation of litigation or for use in connection with any civil court proceeding. Records released under this section shall be marked “limited purpose release” and shall not be redisclosed by the recipient beyond the investigation or civil proceeding. Any records which are the subject of a criminal investigation will be released only after the criminal matter is concluded. Neither the state nor its agencies or employees shall be civilly liable for any improper use or release of 911 records to any person obtaining such records as provided in this section.
II. Notwithstanding paragraph I, the division shall make information or records compiled under this chapter available only as follows:
Terms Used In New Hampshire Revised Statutes 106-H:14
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) On a case-by-case basis to a law enforcement agency that requires the information or records for investigative purposes;
(b) To the department of environmental services solely for the purposes of estimating the location of wells subject to N.H. Rev. Stat. Chapter 482-B and for creating and maintaining an inventory of drinking water sampling sites and the materials used for water system service lines needed to comply with the Federal Safe Drinking Water Act. The department of environmental services shall not be required to release such data under RSA 91-A; and
(c) To the caller or their legal representative, or to the subject of the call or their legal representative, with written authorization of the recipient on a form satisfactory to the department, that such information or records are being made available solely for the purposes of investigation in anticipation of litigation or for use in connection with any civil court proceeding. Records released under this section shall be marked “limited purpose release” and shall not be redisclosed by the recipient beyond the investigation or civil proceeding. Any records which are the subject of a criminal investigation will be released only after the criminal matter is concluded. Neither the state nor its agencies or employees shall be civilly liable for any improper use or release of 911 records to any person obtaining such records as provided in this section.