50-18-101. Use of confidential, classified, or restricted records for research; limitations.

Records that by law are confidential, classified, or restricted may be used for research purposes by private researchers providing that:#

1. (1)

   The researcher is qualified to perform such research;#

2. (2)

   The research topic is designed to produce a study that would be of potential benefit to the state or its citizens; and#

3. (3)

   The researcher will agree in writing to protect the confidentiality of the information contained in the records.#

4. When the purpose of the confidentiality is to protect the rights of privacy of any person or persons who are named in the records, the researcher must agree not to refer to the persons, either in his notes or in his finished study or in any manner, in such a way that they can be identified. When the purpose of the confidentiality is to protect other information, the researcher must agree not to divulge that information.

The head of the agency that created the records, or his designee, shall determine whether or not the researcher and his research topic meet the qualifications set forth in subsection (a) of this Code section prior to accepting the signed agreement from the researcher and granting permission to use the confidential records.#

The use of such confidential records for research shall be considered a privilege and the agreement signed by the researcher shall be binding on him. Researchers who violate the confidentiality of these records shall be punished in the same manner as would government employees or officials found guilty of this offense.#