RSA 21-U:6 · Confidentiality

21-U:6 Confidentiality. – No waiver of any applicable privilege or claim of confidentiality shall occur as a result of the disclosure or sharing of agency data and shared data with member agencies under this chapter. Each member agency shall maintain the confidentiality of agency data and shared data. The agency data of each member agency held in the cooperative information-sharing database shall be retained in accordance with the member agency's records retention requirements. In the event that the interagency group receives a request for information under RSA 91-A, the interagency group shall not be defined as, or considered to be, a custodian of the documents or information requested. The member agency which originally possessed a document shall be deemed to possess and control it for purposes of RSA 91-A and shall be responsible to respond to the request for information received under RSA 91-A. Whether or not a document or information requested shall be released pursuant to a request under RSA 91-A shall be made by the member agency originally possessing the document or information, in accordance with the statutes, rules, and procedures of such agency. Member agencies shall enter into a memorandum of agreement consistent with this chapter and with all applicable statutes governing the member agencies in order to provide for the confidentiality of agency data and shared data and to ensure that confidential information is appropriately handled to prevent disclosure, except as may be necessary for law enforcement purposes. Source. 2012, 241:1, eff. Aug. 17, 2012.

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