Oregon Revised Statutes

Or. Rev. Stat. § 411.320 (2026)

Disclosure and use of records limited to purposes connected to administration of public assistance programs; contents as privileged communication; exceptions

✓ current as of May 2026

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411.320 Disclosure and use of records limited to purposes connected to administration of public assistance programs; contents as privileged communication; exceptions. (1) For the protection of applicants for and recipients of public assistance, except as otherwise provided in this section, the Department of Human Services may not disclose or use the contents of any public assistance records, files, papers or communications for purposes other than those directly connected with the administration of the public assistance programs or necessary to assist public assistance applicants and recipients in accessing and receiving other governmental or private nonprofit services, and these records, files, papers and communications are considered confidential subject to the rules of the department. In any judicial or administrative proceeding, except proceedings directly connected with the administration of public assistance or child support enforcement laws, their contents are considered privileged communications.

(2) Nothing in this section prohibits the disclosure or use of contents of records, files, papers or communications for purposes directly connected with the establishment and enforcement of support obligations pursuant to the Title IV-D program.

(3) Nothing in this section prohibits the disclosure of the address, Social Security number and photograph of any applicant or recipient to a law enforcement officer at the request of the officer. To receive information pursuant to this section, the officer must furnish the agency the name of the applicant or recipient and advise that the applicant or recipient:

(a) Is fleeing to avoid prosecution, custody or confinement after conviction for a felony;

(b) Is violating a condition of probation or parole; or

(c) Has information that is necessary for the officer to conduct the official duties of the officer and the location or apprehension of the applicant or recipient is within such official duties.

(4) Nothing in this section prohibits disclosure of information between the department and the Oregon Health Authority for the purpose of administering public assistance programs.

(5) Nothing in this section prohibits disclosure of information for the purposes of making a report of suspected abuse as required under ORS 124.060, 419B.010, 430.765 or 441.640. [1953 c.500 §5; 1971 c.779 §17; 1995 c.609 §8; 1997 c.581 §7; 2001 c.900 §88a; 2011 c.720 §100; 2023 c.271 §3]

411.325 [1953 c.500 §6; 1961 c.620 §5; 1963 c.70 §1; 1967 c.502 §16; 1971 c.779 §18; repealed by 1997 c.581 §48]

411.330 [1953 c.500 §§7,8; 1971 c.779 §19; repealed by 1997 c.581 §48]

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1962–2023 · leading case: Triplett v. Bd. of Soc. Prot., 528 P.2d 563 (Or. Ct. App. 1974).

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Triplett v. Bd. of Soc. Prot., 528 P.2d 563 (Or. Ct. App. 1974). · cites it 5× “Interpreting ORS 411.320 in a manner consistent with federal requirements, we hold, therefore, that the examination reports and the testimony of Ms.”

Stivahtis v. Juras, 511 P.2d 421 (Or. Ct. App. 1973). · cites it 6× “Defendants appeal, claiming that the files of the Public Welfare Division are confidential and are exempt by the provisions of ORS 411.320 ② and 418.130 ③ from examination by the persons who are the subjects of the files.”

State v. Serrano, 210 P.3d 892 (Or. 2009). “, 246 Or 557, 565 , 426 P2d 738 (1967) (regarding assertion of privilege as to disclosure and use of public assistance records under ORS 411.320). However, the Commentary indicates that the legislature intended that communications made during marriage be presumed confidential,…”

Groff v. State Indus. Accident Comm'n, 426 P.2d 738 (Or. 1967). · cites it 4× “47 (1967), referring to ORS 411.320 states: “Despite the provisions of the statute, when the fundamental rights of a person are in jeopardy, parts of welfare records may, in the discretion of the court, he used.”

Chandler v. State, 370 P.2d 626 (Or. 1962). · cites it 2× “" and that ORS 411.320 similarly provides the records of the Welfare Department are confidential and that "In any judicial proceedings, except proceedings directly *457 connected with the administration of public assistance laws, their contents are considered privileged…”

State v. Warren, 746 P.2d 711 (Or. 1987). “ORS 411.320; 419.567(2). This court held that “complete denial of access to the file was wrong.”

State Ex Rel. Dugan v. Tiktin, 837 P.2d 959 (Or. 1992). “300, ORS 411.320, and ORS 418.130. 11 Of course, there is no breach of confidentiality where a party is asked to review its own files and release those requested documents that are not privileged.”

State Ex Rel. Juv. Dept., Multnomah v. Lámar, 490 P.2d 191 (Or. Ct. App. 1971). “The court, with reference to the case work file, said at p 458: “* * * An opportunity to put it in evidence should have been allowed.”

Gollersrud v. LPMC, LLC (Or. 2023). “Gollersrud’s declaration, which stated, in relevant part: 746 Gollersrud v. LPMC, LLC “I cannot recall all of the email communications I have sent to, received from or which include my mother over the course of almost ten years.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.