Department of
Safety 

Homeland Security

January 2, 2020

Kevin Bate VIA E-MAIL
E-mail: kevindbate@yahoo.com

Dear Mr. Bate:

On November 20, 2019, the Tennessee Department of Safety Homeland Security received
your Public Records Act request for the documents identified on the attached letter. On December
2, 2019, this Office informed you that that byjanuary 6, 2020, either the records you have requested
to inspect would be available or a determination of accessibility and availability would be made
regarding the requested records.

Tennessee Code Annotated 10-7-503(a) provides the following:

The custodian of a public record or the custodian's designee shall
make available for inSpection any public record not specifically exempt
from disclosure. In the event it is not practicable for the record to be 
available for inspection, the custodian shall within seven (7) business days:

Make such information available to the requestor [emphasis added];

(ii) Deny the request in writing or by completing a records request
response form developed by the office of open records counsel. The response shall
include the basis for the denial; or

Furnish the requestor a completed records request response form
developed by the office of open records counsel stating the time reasonably
necessary to produce such record or information.

This Office has completed the process of retrieving and reviewing the responsive
documents, totaling 102 pages. Pursuant to Tenn. Code Ann. information contained
in responsive documents has been redacted and shall remain confidential. Tenn. Code Ann. 10-7-
504(i)(1) provides, in pertinent part:

?Information that would allow a person to obtain unauthorized access to confidential
information or to government property shall be maintained as confidential. For the
purpose of this section, 'government property? includes electronic information
processing systems, telecommunication systems, or other communications systems
of a governmental entity subject to this chapter. Such records include:

(A) Plans, security codes, passwords, combinations, or computer programs used to
protect electronic information and government property;

(B) Information that would identify those areas of structural or operational
vulnerability that would permit unlawful disruption to, or interference with, the
services provided by a governmental entity; and

(C) Information that could be used to disrupt, interfere with, or gain unauthorized

 

 

Legal Division 312 Rosa Parks Avenue, 25?h Floor - Nashville, TN 37243
Tel: 615?251-5123 - Fax: 615-253?2091 - tngov/safety

Safety 8:
Homeland Security

access to electronic information or government property.

Additionally, please be advised that the responsive documents (96 pages of the 102 pages)
include a software manual; however, such document is not open to public inspection per Tenn.
Code Ann. which states the following:

(18) Computer programs, software, software manuals, and other types of
information manufactured or marketed by persons or entities under legal right
and sold, licensed, or donated to Tennessee state boards, agencies, political
subdivisions, or higher education institutions shall not be open to public
irrspecLiorr; provided, that computer soleare, software and
other types of information produced by state or higher education employees at
state expense shall be available for inspection as part of an audit or legislative
review process.

As the total costs to process your request were less than $50.00, there will be no charge.

Si rely,

  

atrick Morrison

Associate Counsel

 

Legal Division - 312 Rosa Parks Avenue, 25th Floor - Nashville, TN 37243
Tel: 615-251-5123 - Fax: 615-253-2091 - tngov/safety