Tennessee House Bill HB0091

Tennessee 2023-2024 Regular Session

• Introduced: 1/10/23
• Refer: 1/12/23
• Refer: 2/14/23
• Refer: 2/22/23
• Engrossed: 2/28/23
• Enrolled: 4/10/23
• Passed: 4/28/23
• Chaptered: 5/2/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 10 and Section 37-5-107, relative to the confidentiality of records.

Impact

The implications of HB 0091 are significant as it modifies existing confidentiality laws, potentially expanding access to case information that was previously restricted. By allowing public disclosure under the specified circumstances, the bill could promote greater accountability and transparency regarding how cases are handled, particularly those involving children's welfare. However, it also raises concerns regarding the protection of sensitive data even after the death of involved parties, as historical contexts of such cases may still impact surviving relatives.

Summary

House Bill 0091 aims to amend the Tennessee Code Annotated, specifically focusing on the confidentiality of records under Section 37-5-107. The legislation introduces provisions that allow information about a case to be disclosed to the public if all parties involved, including any children, are deceased, and the identifying personal information of these parties is redacted. This change seeks to balance the need for public transparency in judicial matters with the sensitive nature of the information related to cases involving minors.

Sentiment

The sentiment surrounding HB 0091 appears to be generally supportive, particularly among lawmakers advocating for increased transparency. Proponents argue the necessity of making certain case details accessible to the public fosters an informed citizenry and aids in the examination of judicial processes. Conversely, there may be reservations from child protection advocates and privacy advocates who worry about unintended consequences of releasing sensitive information, even if identifying details are redacted.

Contention

Some notable points of contention revolve around the ethical implications of disclosing information from cases that involve children. Critics may argue that the potential for harm remains even with redacted information, as cases could still be recognizable and affect the privacy of the deceased's family or other stakeholders. The discussion emphasizes a delicate balance between public interest and individual privacy rights, suggesting that while transparency is crucial, it should not come at the expense of protecting vulnerable populations.