1492

LAWS OF MARYLAND

Ch. 284

A CUSTODIAN SHALL DENY INSPECTION OF A PUBLIC RECORD OR ANY
PART OF A PUBLIC RECORD IF:

(1)  BY LAW, THE PUBLIC RECORD IS PRIVILEGED OR
CONFIDENTIAL; OR

(2)  THE INSPECTION WOULD BE CONTRARY TO:

(I)  A STATE STATUTE;

(II)  A FEDERAL STATUTE OR A REGULATION THAT IS
ISSUED UNDER THE STATUTE AND HAS THE FORCE OF LAW;

(III)  THE RULES ADOPTED BY THE COURT OF
APPEALS; OR

(IV)  AN ORDER OF A COURT OF RECORD.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 76A, §
3(a).

The duty to "deny inspection" is substituted for the
former duty to "allow ... inspection ... except on one
or more of the following grounds", for clarity and
conformity to §§ 5-107 and 5-108 of this subtitle.
The duty to allow inspection generally appears in §
5-104 of this subtitle.

Defined terms: "Custodian" § 5-101
"Public record" § 5-101

5-107. REQUIRED DENIALS -- SPECIFIC RECORDS.

(A)  IN GENERAL.

UNLESS OTHERWISE PROVIDED BY LAW, A CUSTODIAN SHALL DENY
INSPECTION OF A PUBLIC RECORD, AS PROVIDED IN THIS SECTION.

(B)  ADOPTION RECORDS.

A CUSTODIAN SHALL DENY INSPECTION OF PUBLIC RECORDS THAT
RELATE TO THE ADOPTION OF AN INDIVIDUAL.

(C)  WELFARE RECORDS.

A CUSTODIAN SHALL DENY INSPECTION OF PUBLIC RECORDS THAT
RELATE TO WELFARE FOR AN INDIVIDUAL.

(D)  LETTERS OF REFERENCE.

A CUSTODIAN SHALL DENY INSPECTION OF A LETTER OF REFERENCE.

(E)  CIRCULATION RECORDS.