71-3421. Information and records; confidentiality; release; conditions; disclosure; limitations.
344 words·~2 min read·
/ne/chapter-71/71-3421A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)All information and records acquired by the team in the exercise of its duties pursuant to the Domestic Abuse Death Review Act shall be confidential and exempt from disclosure except as provided in this section and section 71-3417 . Statistical compilations of data or recommendations made by the team that do not contain any personal identifying information shall be public records.
(2)De-identified information and records obtained by the team may be released to a researcher, research organization, university, institution, or governmental agency for the purpose of conducting scientific, medical, or public health research upon proof of identity and execution of a confidentiality agreement as provided in this section and section 71-3417 . Such release shall provide for a written agreement with the Attorney General providing protection of the security of the information, including access limitations, and the storage, destruction, and use of the information. The release of such information pursuant to this subsection shall not make otherwise confidential information a public record.
(3)Except as necessary to carry out the team's purposes and duties, members of the team and individuals attending a team meeting shall not disclose any discussion among team members at a meeting and shall not disclose any information prohibited from disclosure by this section.
(4)Members of a team and individuals attending a team meeting shall not testify in any civil, administrative, licensure, or criminal proceeding, including depositions, regarding information reviewed in or an opinion formed as a result of a team meeting. This subsection shall not be construed to prevent a person from testifying to information obtained independently of the team or that is public information.
(5)Conclusions, findings, recommendations, information, documents, and records of the team shall not be subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding, except that conclusions, findings, recommendations, information, documents, and records otherwise available from other sources shall not be immune from subpoena, discovery, or introduction into evidence through those sources solely because they were presented during proceedings of the team or are maintained by the team.