011-20 Wyo. Code R. § 20-13

Current through April 27, 2019
Section 20-13 - Information Practices

(a.) Pursuant to the Executive Order #9 issued by the Governor and as authorized by W.S. 16-4-201 et. sec. the Division is required to establish rules and regulations governing the information practices of this agency and to ensure security, confidentiality, and privacy in personal information systems. The following rules and regulations set forth the procedures whereby such information will be collected, maintained, and disseminated.

(b.) Disclosure. Upon receipt of all records of personal information, the Division will in accordance with the statutes, determine and classify said information as "public records" or "confidential records;

Confidential records will not be available to those other than the individual to whom the record pertains or authorized Division employees unless the individual provides written consent for the Division to make the disclosure. The Division may disclose the contents of a confidential record without the individual's written consent if the disclosure is:

For a routine use of the record as when information is shared with another state agency to perform a statutory function.

To a recipient who has provided written assurance that the record will be solely for statistical research and that the record is to be transferred in a form that is not individually identifiable.

A transfer to the state archives as a record which warrants continued preservation.

To another governmental agency for civil or criminal law enforcement activity.

To any person on a clear showing of a compelling circumstance affecting the health or safety of an individual.

An order from a court of competent jurisdiction.

(c.) Access. Any person shall have the right to physically handle and inspect the contents of a record that pertains to him/her. Original documents shall not be removed from the Division; however, the Division will make provisions for copying requested material for a charge that will cover the cost incurred by the Division for copying and compiling the requested information. Individuals requesting access to public records and to confidential records that pertain to them must do so in writing and in advance in order to allow the Division to collect the information. All requests for access will be responded to within ten (10) days after receipt of the request. When access to any record is denied by the Division, the custodian will inform the requester of the statutory or regulatory basis for the denial of access.

(d.) Correction and Amendment. Any individual has the right to bring to the attention of the custodian any erroneous, inaccurate or misleading information that is contained in any file that he/she inspects. All modifications to a record shall then become a permanent part of that record.

(e.) Maintenance of Records. When soliciting information from an individual, the division shall give the following notification on the form used to solicit the information or on a separate form:

The statutory or administrative authority or federal regulation that allows, the division to solicit such information.

The purpose and uses for which the information is sought.

The public or confidential classification of the solicited information.

The voluntary or mandatory status of the questions asked of individuals and the effects, if any, of not providing all solicited information.

Maintain any record that is used to make determinations about an individual with such accuracy, relevancy, timeliness, and completeness as is reasonably necessary to assure fairness to the individual.

Not maintain any record on how an individual exercises their rights under the First Amendment of the U.S. Constitution.

Not maintain any system of records whose very existence is a secret from the public.

Establish physical safeguards and specific security policies for the protection of each system from burglary, misuse, or destruction.

Maintain all systems of personal information in a manner that is conducive to public inspection and access.

Maintain only that information about an individual necessary to accomplish the division's purpose as authorized by statute.

Collect information to the greatest extent possible directly from the individual who is the subject of the record.

(f.) Mailing Lists. The Division maintains a mailing list of liquor licensees within Wyoming including the name and place of business. These business names and addresses are provided upon request to all interested individuals at a minimal charge.

011-20 Wyo. Code R. § 20-13