HSB 138

Specific portions of electronic mail and telephone billing records may only be kept confidential if the length of time prescribed to begin a prosecution or the finding of an indictment or information applicable to the crime investigated has not expired.2, and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, shall be confidential. _____ Specific portions of electronic mail and telephone billing records of law enforcement agencies are subject to the same confidentiality restrictions as provided in current law.7(5) to provide that records or information compiled for law enforcement purposes except for the date, time, specific location, and immediate facts and circumstances of a crime or incident, subject to certain unusual circumstances, shall be confidential. Any other records or information compiled for law enforcement purposes shall be confidential, but only to the extent that such records or information could reasonably be expected to (1) interfere with enforcement proceedings; (2) deprive a person of a right to a fair trial; (3) constitute an unwarranted invasion of personal privacy; (4) disclose the identity of a confidential source which furnished information on a confidential basis, and, in the case of an investigative report compiled by a criminal law enforcement agency in the course of a criminal investigation or by a law enforcement agency conducting a national security intelligence investigation, information furnished by a confidential source; (5) disclose techniques, procedures, and guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or (6) endanger the life or physical safety of any individual.