Bill > HB271

This bill provides a narrowly defined and time-limited executive privilege for public records requests in Montana, responding to a recent state Supreme Court decision. The legislation establishes that the governor may assert an executive exemption to withhold specific public information only when their individual privacy interest clearly outweighs the merits of public disclosure, with specific limitations. The bill explicitly states that the governor cannot claim an individual privacy interest in information related to policy, politics, or legislative matters. Any exemption must be narrowly tailored, with redactions applied only to the smallest extent possible, and the public can challenge overly broad redactions in court. The executive exemption is temporary and expires when the underlying purpose of protecting the information is resolved. The bill also waives the exemption if the information is voluntarily disclosed to a third party. Additionally, the legislation provides that a person who prevails in a public records litigation can be awarded costs and reasonable attorney fees. The bill's underlying purpose is to balance government transparency with limited privacy protections, emphasizing the Montana Constitution's commitment to open government and public accountability.

Government Affairs, Justice

https://bills.legmt.gov/#/laws/bill/2/LC1390