Sec. 13a.11.06.13. Disclosure of Personal Information to Comply with Judicial Order or Lawfully Issued Subpoena

A. When the Division receives a judicial order or lawfully issued subpoena to disclose personal information, the Division shall make a reasonable effort to notify the applicant or eligible individual or the individual's representative of the order or subpoena in advance of compliance, and request the individual to consent in writing to disclosure of the information.

B. If the eligible individual consents to disclosure of the information, the Division shall comply with the order or a subpoena.

C. If the eligible individual does not consent to disclosure of the information, the Division may comply with the order or subpoena if the:

(1) Individual has been informed of the individual's right to seek a protective order from a court of law;

(2) Information requested is relevant to the subject matter involved in the case;

(3) Information is not privileged; and

(4) Person requesting the information provides written assurance that:

(a) The information will be disclosed only to persons directly involved in the preparation or trial of the case,

(b) The information will be managed in a manner to protect confidentiality and to prevent unauthorized disclosure,

(c) If the information is used in an administrative or judicial proceeding, the information will be placed under seal when this procedure is available, and

(d) The information will be destroyed when no longer needed for the case.

D. The applicant or eligible individual is responsible for asserting any privileges which may exist as to any information in the custody of the Division and requesting an appropriate order from the court to prevent disclosure of the information. If the individual files a timely motion with the court to prevent disclosure of any information in the custody of the Division, the Division may not disclose the information until the court rules on the motion.