ORS 192.335¹
Immunity from liability for disclosure of public record
  • effect of disclosure on privilege

(1) A public body that, acting in good faith, discloses a public record in response to a request for public records is not liable for any loss or damages based on the disclosure unless the disclosure is affirmatively prohibited by state or federal law or by a court order applicable to the public body. Nothing in this subsection shall be interpreted to create liability on the part of a public body, or create a cause of action against a public body, based on the disclosure of a public record.

(2) A public body that discloses any information or record in response to a written request for public records under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) that is privileged under ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) does not waive its right to assert the applicable privilege to prevent the introduction of the information or record as evidence pursuant to ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges). [2017 c.456 §8]

Note: See note under 192.329 (Public body’s response to public records request).

(formerly 192.410 to 192.505)

Notes of Decisions

Failure of legislature to include reference to courts and court records such as those particularly named in ORS 192.005 (Definitions for ORS 192.005 to 192.170) tells against applica­tion of these sec­tions to courts. State ex rel KOIN-TV v. Olsen, 300 Or 392, 711 P2d 966 (1985)

School district’s blanket policy exempting public records from disclosure without individualized showing, violates public records law and is therefore unenforceable. Guard Publishing Co. v. Lane County School Dist., 310 Or 32, 791 P2d 854 (1990)

Atty. Gen. Opinions

Financial state­ments of hospitals as public records, (1974) Vol 36, p 893; crim­i­nal records subject to Public Records Law, (1974) Vol 37, p 126; power of county to refuse the right to copy maps, which are public records, with an individual’s own equip­ment and to refuse to supply magnetic tape containing public records, (1979) Vol 39, p 721; Oregon Medical Insurance Pool is funda­mentally private-sector body, under virtually total private control, created by state to fulfill public purpose and is not state agency or public body subject to Public Records Law, (1989) Vol 46, p 155; ap­pli­ca­bil­i­ty to prison work program records, (1996) Vol 48, p 134; disclosure of per­sonal in­for­ma­­tion obtained from motor vehicle records, (1998) Vol 49, p 127

Law Review Cita­tions

53 OLR 354-363 (1974); 55 OLR 354-359 (1976); 56 OLR 387 (1977)

Chapter 192

Atty. Gen. Opinions

Attorney General’s Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; pro­hi­bi­­tion on disclosing marriage records, (1998) Vol 49, p 21

1 Legislative Counsel Committee, CHAPTER 192—Records; Public Reports and Meetings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors192.­html (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 192, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano192.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information