Kansas Statutes 17-12a,607. Public records; confidentiality
(a) Presumption of public records. Except as otherwise provided in subsection (b), records obtained by the administrator or filed under this act, including a record contained in or filed with a registration statement, application, notice filing, or report, are public records and are available for public examination in accordance with the open records act.
(b) Nonpublic records. The following records are not public records and are not available for public examination under subsection (a):
Terms Used In Kansas Statutes 17-12a,607
- Administrator: means the securities commissioner of Kansas, appointed as provided in Kan. See Kansas Statutes 17-12a,102
- Filing: means the receipt under this act of a record by the administrator or a designee of the administrator. See Kansas Statutes 17-12a,102
- Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See Kansas Statutes 17-12a,102
- Security: means a note; stock; treasury stock; security future; bond; debenture; evidence of indebtedness; certificate of interest or participation in a profit-sharing agreement; collateral trust certificate; preorganization certificate or subscription; transferable share; investment contract; voting trust certificate; certificate of deposit for a security; fractional undivided interest in oil, gas, or other mineral rights; put, call, straddle, option, or privilege on a security, certificate of deposit, or group or index of securities, including an interest therein or based on the value thereof; put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency; or, in general, an interest or instrument commonly known as a "security"; or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase, any of the foregoing. See Kansas Statutes 17-12a,102
(1) a record obtained by the administrator in connection with an audit or inspection under Kan. Stat. Ann. § 17-12a411(d), and amendments thereto, or an investigation under Kan. Stat. Ann. § 17-12a602, and amendments thereto;
(2) a part of a record filed in connection with a registration statement under Kan. Stat. Ann. §§ 17-12a301 and 17-12a303 through 17-12a305, and amendments thereto, or a record under Kan. Stat. Ann. § 17-12a411(d), and amendments thereto, that contains trade secrets or confidential information if the person filing the registration statement or report has asserted a claim of confidentiality or privilege that is authorized by law;
(3) a record that is not required to be provided to the administrator or filed under this act and is provided to the administrator only on the condition that the record will not be subject to public examination or disclosure;
(4) a nonpublic record received from a person specified in Kan. Stat. Ann. § 17-12a608(a), and amendments thereto; and
(5) any social security number, residential address unless used as a business address, and residential telephone number contained in a record that is filed.
(c) Administrator discretion to disclose. If disclosure is for the purpose of a civil, administrative, or criminal investigation, action, or proceeding or to a person specified in Kan. Stat. Ann. § 17-12a608(a), and amendments thereto, the administrator may disclose a record obtained in connection with an audit or inspection under Kan. Stat. Ann. § 17-12a411(d), and amendments thereto, or a record obtained in connection with an investigation under Kan. Stat. Ann. § 17-12a602, and amendments thereto.