AN ACT to create and enact a new subsection to section 44-04-18.7 of the North Dakota Century Code, relating to the designation of a sensitive image as an exempt record; and to amend and reenact section 44-04-17.1 of the North Dakota Century Code, relating to the definition of a sensitive image.
SB2083 amends North Dakota’s open records law to add a new category of protected material: “sensitive images.” The bill defines a sensitive image as an image depicting an exposed intimate part, gruesome injury, a deceased individual, or a minor. It then provides that, unless another law says otherwise, a sensitive image is an exempt record under section 44-04-18.7, meaning a public entity may withhold it from disclosure.
The bill also updates the general definitions section of the state’s open meetings/open records chapter to incorporate the new term. In practical terms, the measure gives state and local public entities clearer authority to deny or redact records containing graphic or privacy-sensitive images, while leaving the rest of the public records framework intact.
SB2083 changes Chapter 44-04 of the North Dakota Century Code, which governs open records and meetings, by expanding the list of records that may be treated as exempt from public disclosure. The affected parties are state agencies, political subdivisions, and other public entities that maintain records containing photographs or other images of intimate body parts, injuries, deceased persons, or minors. The bill likely affects records custodians, law enforcement, and other agencies that handle incident photos, investigative files, or similar materials by reducing the risk that such images must be released under open records requests.
The available voting history shows unanimous support in both chambers, with a 47-0 Senate vote and a 90-0 House vote, indicating broad bipartisan agreement. The bill was requested by the Highway Patrol and appears to have been viewed as a targeted records-privacy and dignity measure rather than a controversial policy change. No committee transcript is provided, but the final votes suggest little to no opposition.
No recorded opposition appears in the provided materials, and the bill passed without dissent. The main policy issue implicit in the measure is the balance between public access to government records and privacy, decency, and trauma concerns associated with releasing graphic images. Potentially affected stakeholders include open-government advocates, media requesters, law enforcement agencies, victims’ families, and records custodians, but the legislative record provided does not show active disagreement among them.