navajo nation privacy & access to information act · 10/4/2016 · navajo nation privacy act 2...

NAVAJO NATION PRIVACY &

ACCESS TO INFORMATION ACT

2 N.N.C. §§ 81 et seq.

NAVAJO LAW SEMINAR

October 14, 2016

2 Compelling Purposes of the Act

1. Creating a process for the general public’s access to records and information

2. Protecting the privacy of individuals and entities

NAVAJO NATION PRIVACY ACT

2 N.N.C. § 82 - Policy

GOVERNMENTAL ENTITYoAll three branches of the Navajo Nation

government and its political subdivisionsExamples

Navajo Division of Transportation

Board of Election Supervisors

Chapters

Various Committees


2 N.N.C. § 83 - Definitions



PERSONoAny individual, nonprofit or profit

corporation, partnership, sole proprietorship, or other type of business organization.

Examples

David Jordan

Sutin Thayer & Browne



PUBLIC RECORDoAny record that is not private or otherwise

protected and that is not exempt from disclosure as provided in 2 N.N.C. §84.



PROTECTED RECORDoAny record containing data on persons or

governmental entities that is private or otherwise protected as provided by 2 N.N.C. §85.

RECORDo All books, letters, documents, papers, maps, plans, photographs,

films, cards, tapes, recordings, electronic data, or otherdocumentary materials regardless of physical form orcharacteristics which are prepared, owned, received, or retainedby a governmental entity and where all of the information in theoriginal is reproducible by photocopy or other mechanical orelectronic means.

Examples

Police/Arrest Report

Meeting Minutes

Statistics




2 N.N.C. § 84 – Records that Must be

Disclosed

Laws

Minutes from an open meeting

Final Opinions

Arrest warrants after issuance except when court ordered restriction


2 N.N.C. § 85 – Protected Records

ExamplesIndividual’s eligibility for benefit programs

Individual’s medical records

Negotiating position of the Navajo Nation prior to finalization

Bid responses prior to contract awarding


2 N.N.C. § 86 – Access to Protected

Documents

INFORMATION FOR

Criminal and civil law enforcement for prosecution purposes

Internal Audit

AS A RESULT of a Court order

TO FURTHER an individual’s medical treatment

TO ADDRESS public health needs

Any person may request records about themselves or their minor child. If a guardian request the record, it is subject to court order.

A third party may request records, with written notarized permission of the person that is the subject of the record or the parent/legal guardian of a minor.

Non-identifying information for statistical purposes is accessible.

Other Navajo Nation governmental entities can request documents, but subject to the same restrictions as above.



Documents

Governmental entity shall obtain evidence of requester’s identity

Requester is prohibited from disclosing or providing a copy of the protected record to any other person and must acknowledge this in writing to the governmental entity releasing the record



Documents

If a request is made of a record that is a hybrid of protected and public record, the governmental entity shall:

segregate the public record and make available to the requester and

issue a denial for the protected record.

If a request is made of more than one subject, the governmental entity shall segregate and only make available the record of the requested subject.


2 N.N.C. § 87 – Segregation of

Records

A governmental entity is not required to create a record in response to a request.

However, upon a request, a governmental entity shall provide a record in a particular format if:

1. It does not unreasonably interfere with the entity’s duties and responsibilities; and

2. The requester agrees to pay for any additional costs actually incurred for providing the record.


2 N.N.C. § 88 – Procedures

Within 90 days the entity shall respond to the request by:

1. Approving the request and providing the record;

2. Denying the request, with a written explanation; or

3. Notify the requester that it does not maintain the record, and providing if known the name and address of the entity that does maintain the record.


2 N.N.C. § 88 – Procedures

If the governmental entity denies the request in whole or in part, it shall provide a notice of denial.

The notice may be in person or sent to the requester’s address.

Government Entities may not destroy or give up custody of any record that was denied until all appeals have been exhausted or expired, unless court ordered


2 N.N.C. § 89 – Denials

The notice of denial shall contain:

A description detailing the record or portions of record denied so long as the description does not disclose protected information

Citations of this Act, court rule, court order, state/federal statute or regulation exempting disclosure

Statement informing the requester’s right to apply to the District Court for a release order of the record and time limit for filing the application


2 N.N.C. § 89 – Denials


2 N.N.C. § 91 – Criminal Penalties

Intentional Disclosure By Public Employee or Any Person with Access Defense – Disclosure of information was necessary to expose

a violation of law involving government corruption, abuse of office or misappropriation of public funds or property

Access By False Pretenses, Bribery or Theft By Any Person Defense – A person who receives the record after the fact,

and without prior knowledge or participation in the false pretenses, bribery or theft

Intentional Refusal to Release Record by Public Employee

Penalty

Upon conviction shall be punished by a fine of not less than $1000 nor more than $5000.


2 N.N.C. § 91 – Criminal Penalties


2 N.N.C. § 92 – Civil Penalties

Intentional Disclosure By Non-Indian Who Has Access Defense – Disclosure of information was necessary to expose a

violation of law involving government corruption, abuse of office or misappropriation of public funds or property

Access By False Pretenses, Bribery or Theft By Any Non-Indian Person Defense – A person who receives the record after the fact, and

without prior knowledge or participation in the false pretenses, bribery or theft

Intentional Refusal to Release Record by Non-Indian Public Employee

Penalty Upon conviction shall be punished by

a fine of not less than $1000 nor more than $5000.

Any Non-Navajo person may be subject to exclusion for repeated violations.


2 N.N.C. § 92 – Civil Penalties

QUESTIONS?

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