North Dakota law recognizes two categories of records that are not automatically open:
Confidential Records – Confidential records cannot be disclosed. Examples include:
- Social Security numbers. (NDCC 44-04-28).
- Public employee medical treatment records. (NDCC 44-04-18.1(1)).
- Employee assistance program records. (NDCC 44-04-18.1(1)).
If possible, only the confidential information should be redacted, and the remainder of the record should be released.
Exempt Records – Exempt records may be disclosed at the discretion of the public entity. Examples include:
- Home addresses, personal phone numbers, employee ID numbers, driver’s license numbers, dependent information, and emergency contact information of public employees. (NDCC 44-04-18.1(2)).
- Personal email addresses and telephone numbers provided to communicate with a city or park district. (NDCC 44-04-18.21)
- Non-finalist employment application information when proper procedures are followed. (NDCC 44-04-18.27).
- Internal misconduct investigation records until the investigation is completed or 75 days have passed, whichever occurs first. (NDCC 44-04-18.1(6)).
- Negotiation strategies and draft agreement records when disclosure would adversely affect the entity’s fiscal interests. NDCC (44-04-19.2).
(August 2026)