Disclosure of substitute address or other information by secretary of state – Requests for disclosure

(a) Except as otherwise provided by this part, the secretary of state shall not disclose the confidential address or any other information contained within a program participant‘s file, other than the substitute address designated by the secretary of state, except under the following circumstances: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Parent: includes biological and adoptive parents, as defined in §. See Tennessee Code 40-38-601participant: means a person who is certified by the secretary of state as a program participant and who is an applicant, co-applicant, the child of an applicant or co-applicant, or a person with a disability for whom an applicant or co-applicant serves as a fiduciary. See Tennessee Code 40-38-601Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105program: means the program created under this part to protect the confidentiality of the confidential address of a relocated victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense. See Tennessee Code 40-38-601Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105secretary: means the secretary of state of Tennessee and any designee of the secretary. See Tennessee Code 40-38-601signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Substitute address: means an address designated by the secretary of state under the address confidentiality program that is used instead of a confidential address as set forth by this part. See Tennessee Code 40-38-601written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(1) If directed by a court order signed by a judge of a court of competent jurisdiction; (2) Upon written request, on a form prepared by the secretary of state, by the chief law enforcement officer of a county or municipality, or an authorized representative of the Tennessee bureau of investigation, Tennessee highway patrol, or a federal law enforcement agency, if related to an ongoing official investigation; or (3) Upon written request, on a form prepared by the secretary of state, by a director of a state or federal agency, if the secretary of state determines that there exists a bona fide legal or administrative requirement of the use of the program participant’s confidential address such that the director is unable to fulfill legal duties and obligations without the confidential address. (b) Upon written request by the director of a state or federal agency, the chief law enforcement officer of a county or municipality, or an authorized representative of the Tennessee bureau of investigation, Tennessee highway patrol, or a federal law enforcement agency who intends to request access to an individual’s confidential address under this section, or any other information contained within a program participant’s file, the secretary of state shall confirm whether the individual is a program participant but shall not disclose any additional information concerning the program participant until such time as a written request for disclosure as described in this section is granted. Subject to subsections (d) and (e), a determination regarding such a written request shall be made by the secretary within three (3) business days following receipt of a completed request for disclosure. (c) When making a request for the disclosure of the program participant’s confidential address, or any other information contained within a program participant’s file, whether before a court of law or by written request to the secretary of state, the party or parties requesting the disclosure must show by clear and convincing evidence that the disclosure of the confidential address or other records is necessary for a legitimate governmental purpose that cannot otherwise be accomplished and which outweighs the risk of harm to the program participant. (d) Written requests for disclosure of the program participant’s confidential address, or any other information contained within a program participant’s file, shall be submitted to the office of the secretary of state, on a form prescribed by the secretary of state, for consideration by the secretary or the secretary’s designee. Except for a request from a law enforcement agency