SUMMARY: This chapter describes criteria and procedures for the protection from public disclosure of certain personal information contained in payroll records submitted to the Maine Department of Transportation pursuant to 26 M.R.S.A. §1311, as amended by P.L. 2003, ch. 432 (12 1/2 Leg. First Reg. Sess.)

§1. Criteria for disclosure and protection of information

Records filed with the Maine Department of Transportation pursuant to 26 M.R.S.A. §1311 are public records pursuant to Title 1, chapter 13 (the Maine Freedom of Access Act), and shall be made available if requested pursuant thereto, except that Social Security numbers and taxpayer identification numbers must be withheld unless the employee to whom that Social Security number was issued or the entity to which that taxpayer identification number was issued consents in writing to its release.

§2. Procedures for protection of information

Except as provided in § 1 above, upon receipt of a Freedom of Access Request for records filed with the Maine Department of Transportation pursuant to 26 M.R.S.A. §1311, and prior to disclosure thereof to the requesting party, Maine Department of Transportation personnel shall review those records and redact Social Security numbers and taxpayer identification numbers contained therein.

§3. Preservation of immunity

Nothing contained herein is intended or shall be construed to waive, limit or diminish any of the rights, privileges and immunities afforded the State of Maine, the Maine Department of Transportation or any of its officers, agents or employees by law, including but not limited to the immunities provided by the Maine Tort Claims Act and the 11th Amendment to the United States Constitution. Nothing contained herein is intended or shall be construed to create any cause of action or basis for damages or disciplinary action against the State of Maine, the Maine Department of Transportation or any of its officers, agents or employees.

STATUTORY AUTHORITY 26 M.R.S.A. §1311.

EFFECTIVE DATE:

March 10, 2010 – filing 2010-68