Notwithstanding any other provision of law to the contrary, the department is authorized by regulation to classify as confidential and privileged documents, reports, and other information and data obtained by them from persons, firms, corporations, municipalities, counties, and other public authorities and political subdivisions where such matters relate to secret processes, formulas, and methods or where such matters were obtained or furnished on a confidential basis. All matters so classified shall not be subject to public inspection or discovery and shall not be subject to production or disclosure in any court of law or elsewhere until and unless the judge of the court of competent jurisdiction, after in camera inspection, determines that the public interest requires such production and disclosure or that such production and disclosure may be necessary in the interest of justice. This Code section shall not apply to clinical records maintained pursuant to Code Sections 37-3-166, 37-3-167, 37-4-125, 37-4-126, 37-7-166, and 37-7-167.
History. Code 1933, § 88-306, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1993, p. 1445, § 12; Ga. L. 2009, p. 453, § 3-1/HB 228; Ga. L. 2022, p. 352, § 37/HB 1428.
The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, substituted “This Code section” for “This subsection” at the beginning of the last sentence.
Editor’s notes.
Ga. L. 1993, p. 1445, § 18.1, not codified by the General Assembly, provides: “Nothing in this Act shall be construed to repeal any provision of Chapter 5 of Title 37 of the Official Code of Georgia Annotated, the ‘Community Services Act for the Mentally Retarded.’ ”
Ga. L. 1993, p. 1445, § 19, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 1994; provided, however, that provisions relating to the establishment of regional and community service board boundaries and the appointments of regional boards and community service boards shall become effective on July 1, 1993, or upon whatever date is stipulated in the Act and provided, further, that the provisions authorizing a county board of health to agree to serve as the lead county board of health for only that county shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.” The Act was approved by the Governor on April 27, 1993.
Ga. L. 1994, p. 437, § 12, effective July 1, 1994, not codified by the General Assembly, amends Ga. L. 1993, p. 1445, § 19.1 to except the 1993 amendment of this Code section from repeal on June 30, 1999.
Administrative rules and regulations.
Hearings and hearing records: confidentiality, custody, language, access, costs, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, Administration, Hearings and Petitions for Rule-Making, Sec. 290-1-1-.18.