Guam § 10108 - Limitation on Right of Inspection.

§ 10108. Limitation on Right of Inspection.

Except as provided in § 10109 of this Chapter, nothing in

this Chapter shall be construed to require disclosure of records

that are any of the following:

(a) Records pertaining to pending litigation to which

the agency is a party, until the pending litigation has been

finally adjudicated or otherwise settled.

(b) Records of complaints to, or investigations

conducted by, or records of intelligence information, or

security procedures or information, of an agency or its

personnel.

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(c) Personnel, medical, or similar files, the disclosure

of which would constitute an unwarranted invasion of

personal privacy. All information regarding salary, and the

name, and worksite mailing address of each employee and

public official shall be public record.

(d) Information required from any taxpayer in

connection with the collection of taxes that is received in

confidence and the disclosure of the information to other

persons would result in unfair competitive disadvantage to

the person supplying the information, except that total

amounts of money owed to or owed by a person, and

penalties levied against and owed by a person, shall be

public information and not exempt from disclosure.

(e) Library circulation records kept for the purpose of

identifying the borrower of items available in libraries, and

library and museum materials made or acquired and

presented solely for reference or exhibition purposes. The

exemption in this Subsection shall not apply to the records

of fines imposed on the borrowers.

(f) Applications filed with any agency responsible for

the regulation or supervision of the issuance of securities or

of financial institutions, including, but not limited to, banks,

savings and loan associations, credit unions and insurance

companies. The exemption in this Subsection shall not

apply to the records of loans or securities issued by an

agency, the amount of money or credit issued to a person,

information about the purpose and reasons for loans or

securities issued by the agency, or identifying information

about the person receiving the money or credit, including

name, date of birth, occupation and place of residence.

(g) Test questions, scoring keys and other examination

data used to administer a licensing examination,

examination for employment, or academic examination. The

exemption in this Subsection shall not apply to cumulative

test scores on academic tests administered by the

Department of Education, but shall apply to individual

students’ test scores.

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(h) The home address and telephone number of any

person whose occupation is subject to regulation or

licensure by the government of Guam, or of any public

official or government employee, or of any member of a

government board, commission, or council, unless such

person gives express permission to disclose such

information.

(i) All existing privileges or confidential records or

other information expressly protected under the law shall

not be abrogated by this Act.

(j) Records specifically pertaining to security

procedures, passwords, combinations, access codes,

electronic or computer user I.D.s, policies or procedures on

security.

(k) For the Department of Education information

which personally identifies participants in the School

Breakfast/Lunch Program, or their parents, guardians or

caretakers.

(l) For the University of Guam:

(1) all applicant records regarding admission,

financial aid and/or scholarships, except that the names

and majors/areas of concentration of Financial Aid

recipients funded directly or indirectly, through

repayments by prior recipients, by a fund of the

government of Guam, including the University of

Guam’s Student Financial Assistance Program Fund

shall be public information and not covered as private

writings;

(2) closed archives of the RFT Micronesian Area

Research Center, as per agreement with donor; and

(3) anonymity agreements regarding financial

donations and other contributions made to the

University only to the extent needed to protect the

identity of the donor.

(m) For the Guam Police Department:

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(1) vice funds disbursement records;

(2) disapproved firearm permit applications; and

(3) investigation techniques, which if exposed,

would threaten the safety of law enforcement officials

and/or threaten the integrity of an investigation.

(n) For the Guam Police Department: investigatory

records compiled for law enforcement purposes, but only to

the extent that the production of such records would:

(1) interfere with enforcement proceedings;

(2) deprive a person of a right to a fair trial or an

impartial adjudication;

(3) constitute an unwarranted invasion of personal

privacy;

(4) disclose the identity of a confidential source

and, in the case of a record compiled in the course of a

criminal investigation, confidential information

furnished only by the confidential source;

(5) disclose investigative techniques and

procedures; or

(6) endanger the life or physical safety of law

enforcement personnel.

(o) for the Department of Corrections’ Internal Affairs

Unit, the radio logs and tapes.

(p) For the Supreme and Superior Courts of Guam:

(1) draft/working copies of bench notes,

memoranda and opinions generated by the law clerks,

research attorneys, judges and justices of the courts;

and

(2) notes of the legal impressions of law clerks,

attorneys, judges and justices of cases before the

courts, whether pending or already resolved.

(q) Draft documents of an Agency.

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(r) All records of the Department of Education, the

University of Guam, the Guam Public Library, the Guam

Educational Telecommunications Corporation (“KGTF”)

and the Guam Community College that are exempted from

public disclosure under the provisions of Article 1 of

Chapter 10 of Title 5 of the Guam Code Annotated, as

repealed and reenacted by Public Law Number 25-06, shall

remain as private writings.