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2013 North Dakota Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagnd0042 and id is 1 raw text is: LETTER OPINION 2013-L-01 January 23, 2013 Mr. Grant Levi Interim Director North Dakota Department of Transportation 608 E Boulevard Ave Bismarck, ND 58505-0700 Dear Mr. Levi: Thank you for your October 19, 2012, letter requesting an opinion as to whether the personal information contained in a motor vehicle accident report, prepared pursuant to N.D.C.C. § 39-08-10, is protected from being disclosed to a requester under the open records law. It is my opinion that the personal information contained in a motor vehicle accident report is not protected information and is subject to disclosure by the Department of Transportation (Department). ANALYSIS You indicate a law firm requested motor vehicle accident records with the intention of using the information to send individuals involved a general brochure about the law firm. Your concern is that if the motor vehicle accident records are released, the citizens of North Dakota may fall victim to identity theft and unwanted solicitations or marketing efforts. Except as otherwise specifically provided by law, all records of a public entity are public records, open and accessible for inspection during reasonable office hours.' For an exception to the open records law to apply, it must be specific, and the Legislature must directly address the status of the record in question.2 The motor vehicle accident records in question are generated pursuant to statute, which require a law enforcement officer to complete a report of an accident in the form 1 N.D.C.C. § 44-04-18(1). 2 Hovet v. Hebron Pub. Sch. Dist., 419 N.W.2d 189 (N.D. 1988).