2015 ORS 181A.670¹
Disclosure of information about public safety officer
  • order to compel compliance

(1) The Board on Public Safety Standards and Training and the Department of Public Safety Standards and Training may not disclose a photograph of a public safety officer without the written consent of the public safety officer or the public safety officer’s employer. This subsection does not apply to the internal use by the board or department of a photograph of a public safety officer.

(2) A public or private safety agency shall provide the department with access to personnel records of an employee or former employee of the agency if:

(a) The department requests access to the records;

(b) The department is conducting an investigation under ORS 181A.640 (Grounds for denial, suspension or revocation of application or certification of person or accreditation of program) relating to the employee or former employee’s qualifications for employment, training or certification as a public safety officer; and

(c) The records are related to the issue being investigated.

(3) A public or private safety agency that discloses information under subsection (2) of this section is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, is immune from civil liability from the disclosure or its consequences. For purposes of this subsection, the presumption of good faith is rebutted upon a showing that the agency disclosed the information knowing that the information was false or deliberately misleading or disclosed the information with malicious purpose.

(4) If a public or private safety agency fails or refuses to comply with a request made pursuant to subsection (2) of this section, the Director of the Department of Public Safety Standards and Training may apply to a court having jurisdiction over the matter for an order to compel compliance. [Formerly 181.675]


1 Legislative Counsel Committee, CHAPTER 181A—State Police; Crime Reporting and Records; Public Safety Standards and Training; Private Security Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors181A.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.