Records confidentially disclosed to an agency and compiled and maintained for scientific research. This exemption shall not, however, apply to records the disclosure or publication of which is directed by another statute.
The records should be disclosed because the agency has presented no proof that the records were confidentially disclosed to it or that they were compiled and maintained for scientific research.
This rarely litigated exemption may only be invoked by an agency upon proof that the requested records satisfy the exemption’s two part test: the records were confidentially disclosed to the agency (and therefore not created by the agency) and were compiled and maintained for scientific research.
The exemption was improperly invoked by a public university to support nondisclosure of “visualizations” presented at a “visioning session” because the visualizations “were generated by the University and therefore not ‘confidentially disclosed’ to it.” KRS 61.878(1)(b) was, on these facts, “facially inapplicable to the visualizations.”
KRS 61.878 (1)(b)