SECTION 75:35-1-6. Confidentiality of Program Records

  The purpose of the Program is for the State of Oklahoma to provide witness protection services to persons who by reason of actively aiding the State of Oklahoma may be in danger of death or bodily harm, See 74 O.S. Supp. 2012, §18p-10(A). The Attorney General hereby finds that open access to records pertaining to the Program will defeat the legal purpose for the program by identifying Program applicants and/or participants and by providing past or current locations for such persons. Accordingly, all records pertaining to the Program including, but not limited to all applications for Support under the Program, together with all records of any and every kind related thereto, are hereby found and declared to be confidential and privileged from disclosure as trial preparation materials of the State of Oklahoma, See 12 O.S. 2011, § 3226(B) and exempt from disclosure under the Oklahoma Open Records Act, See 51 O.S. 2011, § 24a.5(1)(a). See also, 51 O.S. 2011, § 24A.12, 22 O.S. 2011, § 2510, 74 O.S. 2011, § 19a, and Merrill v. Oklahoma Tax Commission, 831 P.2d 634, 639-640 [holding that State agencies shall make the initial determination whether its records are exempt from Open Records disclosure], and shall be disclosed only as provided in these rules. All Program records shall be subject to the regular audit of the State Auditor and Inspector and disclosed to that Office for such purposes as required for the performance of such audits, See 74 O.S. 2011, § 212; provided auditors and audits shall keep confidential the actual and/or alias identities and locations of all persons applying for and/or receiving Support under the Program.

[Source: Added at 31 Ok Reg 839, eff 9-12-14]