192.335
Immunity from liability for disclosure of public record; effect of disclosure
on privilege. (1)
A public body that, acting in good faith, discloses a public record in response
to a request for public records is not liable for any loss or damages based on
the disclosure unless the disclosure is affirmatively prohibited by state or
federal law or by a court order applicable to the public body. Nothing in this
subsection shall be interpreted to create liability on the part of a public
body, or create a cause of action against a public body, based on the
disclosure of a public record.
(2) A public body
that discloses any information or record in response to a written request for
public records under ORS 192.311 to 192.478 that is privileged under ORS 40.225
to 40.295 does not waive its right to assert the applicable privilege to prevent
the introduction of the information or record as evidence pursuant to ORS
40.225 to 40.295. [2017 c.456 §8]
Note: See note under 192.329.
Notes of Decisions
City of Portland v. Bartlett, 509 P.3d 99 (Or. 2022).
“The third statute, ORS 192.335, unconditionally exempts a wide variety of public records from disclosure, including, for example, private personal information the disclosure of which would be an unreasonable invasion of privacy, personal addresses and phone numbers of public…”
City of Portland v. Kessler, 556 P.3d 648 (Or. Ct. App. 2024).
“314] forbids giving effect to any implicit and broader meaning of a statutory exemption from disclo- sure under [ORS 192.335, 192.345 and 192.355] than what the statute ‘expressly’ allows.”
Monson v. State of Oregon (D. Or. 2024).
· cites it 2× “ORS 192.335 provides that: A public body that, acting in good faith, discloses a public record in response to a request for public records is not liable for any loss or damages based on the disclosure unless the disclosure unless the disclosure is affirmatively prohibited by…”
City of Portland v. Kessler (Or. Ct. App. 2024).
“314] forbids giving effect to any implicit and broader meaning of a statutory exemption from disclo- sure under [ORS 192.335, 192.345 and 192.355] than what the statute ‘expressly’ allows.”
— Or. Rev. Stat. § 192.335(1) — 1 case
Monson v. State of Oregon (D. Or. 2024).
“ORS 192.335 provides that: A public body that, acting in good faith, discloses a public record in response to a request for public records is not liable for any loss or damages based on the disclosure unless the disclosure unless the disclosure is affirmatively prohibited by…”
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