West 343 (6)

Privilege for Required Records

See also ACCIDENT REPORTS AND STATEMENTS; TAX RETURNS–Privilege.
A witness may ordinarily refuse and prevent disclosure of information filed with a governement office persuant to a statute which requires such disclosures and which bars that government office from disclosing the information.  This privilege is inapplicable, however, in proceedings relating to false filings or failure to comply with the governing statute.  In addition, federal courts in criminal cases need not recognize such a privilege with respect to filings pursuant to a state statute.{footnote} [3569]In re Grand Jury Impaneled January 21, 1975, 541 F.2d 373 (3d Cir. 1976).{/footnote}

Prvililege Against Self-Incrimination

There is a "required records" exception to the privilege against self-incrimination.  See SELF-INCRIMINATION.  One may be compelled to disclose incriminating records if those records were required by law to be kept pursuant to a regulatory scheme, the records were of a kind customarily maintained, and the records have some public aspect to them.{footnote} [3570]Grosso v. United States , 390 U.S. 62, 19 L.Ed.2d 906, 88 S.Ct. 709 (1968); Re Grand Jury Proceedings, 601 F.2d 162 (5th Cir. 1979)(records privileged which have no public aspect to them); United States v. Lehman, 887 F.2d 1328 (7th Cir. 1989); Check United States v. Rosenberg, 515 F.2d 190 (9th Cir. 1975).{/footnote}  See also TAX RETURNS.