1. NAVAJO LAW SEMINAR October 14, 2016
NAVAJO NATION PRIVACY & ACCESS TO INFORMATION ACT 2 N.N.C. §§ 81 et seq.
NAVAJO LAW SEMINAR
October 14, 2016

2. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 82 - Policy
2 Compelling Purposes of the Act
Creating a process for the general public’s access to records and information
Protecting the privacy of individuals and entities

3. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 83 - Definitions
GOVERNMENTAL ENTITY
All three branches of the Navajo Nation government and its political subdivisions
Examples
Navajo Division of Transportation
Board of Election Supervisors
Chapters
Various Committees

4. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 83 - Definitions
PERSON
Any individual, nonprofit or profit corporation, partnership, sole proprietorship, or other type of business organization.
Examples
David Jordan
Sutin Thayer & Browne

5. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 83 - Definitions
PUBLIC RECORD
Any record that is not private or otherwise protected and that is not exempt from disclosure as provided in 2 N.N.C. §84.

6. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 83 - Definitions
PROTECTED RECORD
Any record containing data on persons or governmental entities that is private or otherwise protected as provided by 2 N.N.C. §85.

7. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 83 - Definitions
RECORD
All books, letters, documents, papers, maps, plans, photographs, films, cards, tapes, recordings, electronic data, or other documentary materials regardless of physical form or characteristics which are prepared, owned, received, or retained by a governmental entity and where all of the information in the original is reproducible by photocopy or other mechanical or electronic means.
Examples
Police/Arrest Report
Meeting Minutes
Statistics

8. NAVAJO NATION PRIVACY ACT 2 N. N. C
NAVAJO NATION PRIVACY ACT 2 N.N.C. § 84 – Records that Must be Disclosed
Laws
Minutes from an open meeting
Final Opinions
Arrest warrants after issuance except when court ordered restriction

9. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 85 – Protected Records
Examples
Individual’s eligibility for benefit programs
Individual’s medical records
Negotiating position of the Navajo Nation prior to finalization
Bid responses prior to contract awarding

10. NAVAJO NATION PRIVACY ACT 2 N. N. C
NAVAJO NATION PRIVACY ACT 2 N.N.C. § 86 – Access to Protected Documents
INFORMATION FOR
Criminal and civil law enforcement for prosecution purposes
Internal Audit
AS A RESULT of a Court order
TO FURTHER an individual’s medical treatment
TO ADDRESS public health needs

11. NAVAJO NATION PRIVACY ACT 2 N. N. C
NAVAJO NATION PRIVACY ACT 2 N.N.C. § 86 – Access to Protected Documents
Any person may request records about themselves or their minor child. If a guardian request the record, it is subject to court order.
A third party may request records, with written notarized permission of the person that is the subject of the record or the parent/legal guardian of a minor.
Non-identifying information for statistical purposes is accessible.
Other Navajo Nation governmental entities can request documents, but subject to the same restrictions as above.

12. NAVAJO NATION PRIVACY ACT 2 N. N. C
NAVAJO NATION PRIVACY ACT 2 N.N.C. § 86 – Access to Protected Documents
Governmental entity shall obtain evidence of requester’s identity
Requester is prohibited from disclosing or providing a copy of the protected record to any other person and must acknowledge this in writing to the governmental entity releasing the record

13. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 87 – Segregation of Records
If a request is made of a record that is a hybrid of protected and public record, the governmental entity shall:
segregate the public record and make available to the requester and
issue a denial for the protected record.
If a request is made of more than one subject, the governmental entity shall segregate and only make available the record of the requested subject.

14. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 88 – Procedures
A governmental entity is not required to create a record in response to a request.
However, upon a request, a governmental entity shall provide a record in a particular format if:
1. It does not unreasonably interfere with the entity’s duties and responsibilities; and
2. The requester agrees to pay for any additional costs actually incurred for providing the record.

15. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 88 – Procedures
Within 90 days the entity shall respond to the request by:
Approving the request and providing the record;
Denying the request, with a written explanation; or
Notify the requester that it does not maintain the record, and providing if known the name and address of the entity that does maintain the record.

16. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 89 – Denials
If the governmental entity denies the request in whole or in part, it shall provide a notice of denial.
The notice may be in person or sent to the requester’s address.
Government Entities may not destroy or give up custody of any record that was denied until all appeals have been exhausted or expired, unless court ordered

17. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 89 – Denials
The notice of denial shall contain:
A description detailing the record or portions of record denied so long as the description does not disclose protected information
Citations of this Act, court rule, court order, state/federal statute or regulation exempting disclosure
Statement informing the requester’s right to apply to the District Court for a release order of the record and time limit for filing the application

18. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 91 – Criminal Penalties
Intentional Disclosure By Public Employee or Any Person with Access
Defense – Disclosure of information was necessary to expose a violation of law involving government corruption, abuse of office or misappropriation of public funds or property
Access By False Pretenses, Bribery or Theft By Any Person
Defense – A person who receives the record after the fact, and without prior knowledge or participation in the false pretenses, bribery or theft
Intentional Refusal to Release Record by Public Employee

19. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 91 – Criminal Penalties
Penalty
Upon conviction shall be punished by a fine of not less than $1000 nor more than $5000.

20. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 92 – Civil Penalties
Intentional Disclosure By Non-Indian Who Has Access
Defense – Disclosure of information was necessary to expose a violation of law involving government corruption, abuse of office or misappropriation of public funds or property
Access By False Pretenses, Bribery or Theft By Any Non-Indian Person
Defense – A person who receives the record after the fact, and without prior knowledge or participation in the false pretenses, bribery or theft
Intentional Refusal to Release Record by Non-Indian Public Employee

21. NAVAJO NATION PRIVACY ACT 2 N.N.C. § 92 – Civil Penalties
Penalty
Upon conviction shall be punished by a fine of not less than $1000 nor more than $5000.
Any Non-Navajo person may be subject to exclusion for repeated violations.

22. QUESTIONS? THANK YOU