Oregon Revised Statutes

Or. Rev. Stat. § 192.398 (2026)

Medical records; sealed records; records of individual in custody or under supervision; student records

✓ current as of May 2026
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      192.398 Medical records; sealed records; records of individual in custody or under supervision; student records. The following public records are exempt from disclosure:

      (1) Records less than 75 years old which contain information about the physical or mental health or psychiatric care or treatment of a living individual, if the public disclosure thereof would constitute an unreasonable invasion of privacy. The party seeking disclosure shall have the burden of showing by clear and convincing evidence that the public interest requires disclosure in the particular instance and that public disclosure would not constitute an unreasonable invasion of privacy.

      (2) Records less than 75 years old which were sealed in compliance with statute or by court order. Such records may be disclosed upon order of a court of competent jurisdiction or as otherwise provided by law.

      (3) Records of a person who is or has been in the custody or under the lawful supervision of a state agency, a court or a unit of local government, are exempt from disclosure for a period of 25 years after termination of such custody or supervision to the extent that disclosure thereof would interfere with the rehabilitation of the person if the public interest in confidentiality clearly outweighs the public interest in disclosure. Nothing in this subsection, however, shall be construed as prohibiting disclosure of the fact that a person is in custody.

      (4) Student records required by state or federal law to be exempt from disclosure. [Formerly 192.496]

 

      Note: 192.398 was added to and made a part of 192.311 to 192.478 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2022 · leading case: City of Portland v. Bartlett, 509 P.3d 99 (Or. 2022).
City of Portland v. Bartlett, 509 P.3d 99 (Or. 2022). · cites it 15× “355 and except as otherwise provided in ORS 192.398, public records that are more than 25 years old shall be available for inspection.”
City of Portland v. Bartlett, 468 P.3d 980 (Or. Ct. App. 2020). · cites it 11× “225 does not include a temporal limit on documents it protects nor create an exception for public records. ORS [192.390] does not include an exception for attorney-client privileged documents that are more than 25 years old in the carve outs listed in [ORS 192.”
— Or. Rev. Stat. § 192.398(1) — 1 case
City of Portland v. Bartlett, 509 P.3d 99 (Or. 2022). “355 and except as otherwise provided in ORS 192.398, public records that are more than 25 years old shall be available for inspection.”
— Or. Rev. Stat. § 192.398(2) — 1 case
City of Portland v. Bartlett, 509 P.3d 99 (Or. 2022). “355 and except as otherwise provided in ORS 192.398, public records that are more than 25 years old shall be available for inspection.”
— Or. Rev. Stat. § 192.398(4) — 1 case
City of Portland v. Bartlett, 509 P.3d 99 (Or. 2022). “355 and except as otherwise provided in ORS 192.398, public records that are more than 25 years old shall be available for inspection.”
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