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§ 4-301. Denial of inspection

West's Annotated Code of MarylandGeneral ProvisionsEffective: October 1, 2015

West's Annotated Code of Maryland
General Provisions (Refs & Annos)
Title 4. Public Information Act (Refs & Annos)
Subtitle 3. Denials of Inspection (Refs & Annos)
Part I. In General (Refs & Annos)
Effective: October 1, 2015
MD Code, General Provisions, § 4-301
Formerly cited as MD CODE, SG, § 10-615
§ 4-301. Denial of inspection
Currentness
Grounds for denial
(a) Subject to subsection (b) of this section, a custodian shall deny inspection of a public record or any part of a public record if:
(1) by law, the public record is privileged or confidential; or
(2) the inspection would be contrary to:
(i) a State statute;
(ii) a federal statute or a regulation that is issued under the statute and has the force of law;
(iii) the rules adopted by the Supreme Court of Maryland; or
(iv) an order of a court of record.
Requirements on records custodian following filing of complaint by applicant
(b) If an applicant files a complaint with the Ombudsman challenging a denial or the application of an exemption under this subtitle, the custodian shall demonstrate that:
(1) the denial or the exemption is clearly applicable to the requested public record; and
(2) if inspection is denied under Part IV of this subtitle, the harm from disclosure of the public record is greater than the public interest in access to the information in the public record.

Credits

Added by Acts 2014, c. 94, § 2, eff. Oct. 1, 2014. Amended by Acts 2015, c. 135, § 1, eff. Oct. 1, 2015; Acts 2015, c. 136, § 1, eff. Oct. 1, 2015; Acts 2023, c. 49, § 6.
MD Code, General Provisions, § 4-301, MD GEN PROVIS § 4-301
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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