(a) Records obtained in the course of conducting an examination under § 66-29-157, including work papers compiled by the treasurer or the treasurer’s agents, employees, or designated representatives, and any information that identifies the fact that a particular person, institution, business, or entity was or is the subject of an examination under § 66-29-157, are confidential and are not public records; provided, that the records and information are not confidential:
Terms Used In Tennessee Code 66-29-159
Contract: A legal written agreement that becomes binding when signed.
Holder: means a person obligated to hold for the account of, or to deliver or pay to, the owner of property that is subject to this part. See Tennessee Code 66-29-102
Person: means an individual, estate, business association, public corporation, government or governmental subdivision, agency, instrumentality, or other legal entity. See Tennessee Code 66-29-102
Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 66-29-102
Subpoena: A command to a witness to appear and give testimony.
(1) To the extent that the person, institution, business, or entity that was or is the subject of the examination consents to disclosure;(2) To the extent that the treasurer, or the treasurer’s employees, agents, or representatives use the records for the purpose of administering this part;(3) If used for the purposes of complying with a subpoena or a court order;(4) In joint unclaimed property examinations or audits conducted by the treasurer with, or pursuant to, an agreement with another state, federal agency, or any other governmental subdivision, agency, or instrumentality;(5) To the extent that the comptroller of the treasury or the comptroller’s designees use the records for the purpose of an audit; or(6) In the course of any action or proceeding by the treasurer or the treasurer’s employees, agents, or representatives to collect unclaimed property, to collect any unpaid interest due on unclaimed property, or to otherwise enforce this part.(b) As used in this section, “work papers” means those records created to serve as an input for final reporting documents.(c) All final reports submitted to the treasurer pursuant to § 66-29-123 are records open to the public, including the identity of any holder that submits a report; provided, that any information included in a final report that identifies the fact that a holder was the subject of an audit conducted under this part must be redacted prior to disclosure unless the disclosure falls within one (1) of the exceptions under subsection (a).(d) The treasurer has the sole discretion to implement disciplinary actions against any employee, agent, or representative of the treasurer who intentionally discloses records that are deemed confidential under this section, including, but not limited to, terminating a contract with any vendor that violates this section.
