1. The following information is a confidential record as defined in section 44-04-17.1, unless the commission has determined the respondent violated article XIV of the Constitution of North Dakota, this chapter, or another law or rule regarding transparency, corruption, elections, or lobbying, and a court affirmed the determination if appealed, except the information may be disclosed as required by law or as necessary to conduct an investigation arising from a complaint: a. Information revealing the contents of a complaint; b. Information that reasonably may be used to identify a respondent; and c. Information relating to or created as part of an investigation of a complaint.

2. If a complaint is informally resolved under section 54-66-07, the following information is a confidential record as defined in section 44-04-17.1: a. Information revealing the contents of the complaint; b. Information that reasonably may be used to identify the respondent; c. Information relating to or created as part of the process leading to the informal resolution; and d. Information revealing the informal resolution.

3. Information that reasonably may be used to identify the complainant is confidential unless the complainant waives confidentiality, authorizes its disclosure, or divulges information that reasonably would identify the complainant. Information, including evidence under consideration by the investigator or commission, deemed confidential under this subsection may be disclosed as required by law or as necessary to conduct

an investigation arising from a complaint to include disclosure of evidence being considered to a respondent.

4. The information deemed confidential in subsections 1 and 2 may be disclosed by the respondent and the ethics commission if the respondent agrees to the disclosure.