(1) to any state or federal public assistance program or to the IV-D agency of another state for purposes connected with the administration of such program or of the child support enforcement program, as authorized by title IV, part D of the Social Security Act and by the secretary of the federal department of health and human services;

(2) to persons authorized to receive information from the Federal Parent Locator Service established pursuant to title IV, part D of the Social Security Act;

(3) to the director of the department of human services or his/her agent for purposes directly connected with detecting and preventing fraud in any assistance program administered by the department;

(4) to the department of children, youth and their families for purposes directly connected with an investigation or proceedings related to termination of parental rights, adoption, or foster care parental support actions;

(5) to a person authorized in writing by the parent or, in the case of the child, by the custodial parent or legal guardian of the child, to receive such personal data;

(6) for purposes directly connected to obtaining health care coverage for a child receiving services pursuant to title IV, part D of the Social Security Act, to an employer or provider of health care coverage or to the obligor;

(7) in the case of personal data about an individual parent, to that parent or, in the case of personal data about the child, to the custodial parent or legal guardian of the child;

(8) or to any other individual, business or entity for the purposes of administering the child support enforcement program or otherwise provided by federal or state law.

Before disclosing personal data pursuant to this section, the IV-D agency shall require the person or agency requesting such data to verify in writing, in a form provided by child support enforcement that such data is required for a purpose permitted by this section and that such data will be used solely for such purpose. The IV-D agency shall limit disclosure to the specific data required by the person or agency to carry out a purpose permitted by this chapter.

(b) The IV-D agency shall safeguard personal data if the IV-D agency is provided with reasonable evidence of a history of domestic violence. A state agency, court, IV-D agency of another state, obligor, obligee, and such other persons or entities as the IV-D agency may specify may provide the IV-D agency with reasonable evidence of a history of domestic violence in such manner as the IV-D agency may require. The IV-D agency shall continue to safeguard personal data until such time as the individual contacts this agency in writing to advise that his/her personal data need not be safeguarded. For the purposes of this section a history of domestic violence means that an individual has been subjected to:

(1) Physical acts that resulted in, or threatened to result in physical injury to the individual;

(2) Sexual abuse;

(3) Sexual activity involving a dependent child;

(4) Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;

(5) Threats of, or attempts at, physical or sexual abuse;

(6) Mental abuse; or

(7) Neglect or deprivation of medical care.

If the IV-D agency is provided with reasonable evidence of a history of domestic violence, the IV-D agency, its employees and its contractors shall so indicate to the federal registry and shall not disclose any personal data that could otherwise be disclosed pursuant to subsection (a) about the location of a parent or child, including residential address, telephone number, and name, address and telephone number of employer, and shall not disclose the social security number of a parent or child provided, however, the IV-D agency may disclose such personal data to the Federal Parent Locator Service, to a court or agency of a court that is authorized to receive information pursuant to court order from the Federal Parent Locator Service established pursuant to title IV, part D of the Social Security Act, to the department of human services, to the department of children, youth and their families for purposes directly connected with an investigation of proceedings related to termination of parental rights, adoption or parental support action, to a person authorized to receive such personal data by the parent or, in the case of the child, by the custodial parent or legal guardian of the child; provided further, that the IV-D agency may disclose the social security number of a child receiving IV-D services for purposes directly connected to obtaining health care coverage for such child to an employer or provider of health care coverage.

If the IV-D agency is provided with reasonable evidence of a history of domestic violence pursuant to this section, the IV-D agency shall notify the Federal Parent Locator Service established pursuant to title IV, part D of the Social Security Act that a risk of harm exists. A person or agency seeking disclosure of personal data which the IV-D agency is prohibited from disclosing because of reasonable evidence of a history of domestic violence, but which could otherwise be disclosed pursuant to subsection (a), may file a petition with the family court pursuant to section 15-22-3 to request disclosure of such personal data. Upon written request by a court or agent of a court authorized to receive information from the Federal Parent Locator Service, the IV-D agency shall release personal data, which may include location information and social security numbers, to such court or agent, as required by said title IV, part D of the Social Security Act; provided, however, that if the IV-D agency has been provided with reasonable evidence of a history of domestic violence, the IV-D agency shall notify the court or agent that the IV-D agency has received such information and that pursuant to section (b), before the IV-D agency may make any disclosure of such personal data under this section, the court is required to determine whether such disclosure to any other person could be harmful to the parent or child and issue a court order to that effect.

(c) The IV-D agency shall have in effect safeguards to ensure the integrity, accuracy, and completeness of, access to, and use of data, including personal data and data in the automated system which shall include:

(1) written policies concerning access to data by IV-D agency personnel and its contractors, and sharing of data with other individuals, businesses, or entities, which permit access to and use of data only to the extent necessary to carry out the purposes of the child support enforcement program and which specify the data which may be used for particular program purpose, and the personnel permitted access to such data;

(2) systems controls to ensure strict adherence to said policies;

(3) routine monitoring of access to and use of the automated system, through methods such as audit trails, to guard against and promptly identify unauthorized access or use;

(4) procedures to ensure that all personnel, including employees of the IV-D agency and its contractors, who may have or had access to or who may be or were required to use confidential program data and personal data, are informed of applicable requirements and penalties, including those in this section, section 6103 of the Internal Revenue Code of 1986 and are adequately trained in security procedures;

(5) penalties, as provided in this section for willful inspection or disclosure of, or unauthorized access to, personal data; and

(6) such other safeguards as the commissioner of revenue and the secretary of the federal department of health and human services may specify in regulations.

The willful inspection or disclosure of personal data, except as authorized by this section (b), by any employee of the IV-D agency, its contractors, or any person obtaining unauthorized access to such data, including data stored in a computer system or computer files, while such data are in the custody of the division of taxation, child support enforcement, or in the custody of any employee of the IV-D agency or its contractors, is prohibited. Personal data may be inspected, and shared by and between employees of the IV-D agency in the performance of their official duties as provided in this chapter. Authorized employees of the division of taxation, child support enforcement may disclose personal data to any employee of a contractor of the IV-D agency to the extent necessary for performance of the contracted duties of the employee. Any violation of this section by an employee of the IV-D agency, its contractors or an officer, director or employee thereof, a person obtaining unauthorized access to personal data, or any other individual shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than six (6) months or both with respect to each person concerning whose information has been disclosed or inspected. The determination by child support enforcement that an employee of the IV-D agency, or the determination of another agency head that an employee of such other agency, has made a disclosure or willful inspection of personal data that was not authorized by this section and not protected by the good faith provision of subsection (d) shall be grounds for dismissal of such employee. A violation, as determined by child support enforcement, of this section by an officer, director of employee of any contractor of the state, or any officer, director or employee thereof, shall also be cause for terminating any current contract between such contractor and the state and for prohibiting such contractor from entering into any future contract with the state.

15-22-5. Disclosure of personal data prohibited - Petition for disclosure - Motion to seal court files - Determination of harm - Limited disclosure. - (a) A person or agency, including the IV-D agency, seeking personal data which the IV-D agency is prohibited from disclosing because of a history of domestic violence but which could otherwise be disclosed pursuant to subsection (a) of section 15-22-2, or which the Federal Parent Locator Service established pursuant to title IV, part D of the Social Security Act is prohibited from disclosing because the secretary of the federal department of health and human services has been notified that there is reasonable evidence of a history of domestic violence, may file a petition with the family court to request disclosure of such personal data. The petition shall specify the purposes for which such personal data is required. When a petition is filed under this section, or when the court receives notice from the IV-D agency through a motion to seal the file or otherwise, that the IV-D agency has been notified of a history of domestic violence pursuant to said section 15-22-4, the court shall determine whether disclosure of personal data could be harmful to the parent or child before releasing such data to any other person or agency. The parent may provide such information in writing and shall not be required to appear in person to contest the release of information. The court shall also notify the IV-D agency of any petition to disclose files pursuant to this section and the IV-D agency shall provide the court with any reasonable evidence of a history of domestic violence when it has been provided to the IV-D agency pursuant to said section 15-22-4. The court may also request information directly from the Federal Parent Locator Service, from the IV-D agency of another state, and from any other source.

(b) In determining whether disclosure of personal data meets the definition of a history of domestic violence and could be harmful to the parent or child, the court shall consider any relevant information provided by the parent or child, any information provided by the IV-D agency or by the IV-D agency of another state, any evidence provided by the person seeking the personal data, whether the address of the parent or child has been impounded and any other relevant evidence, including information contained in the records of the statewide domestic violence record keeping system. Documentary evidence transmitted to the court by facsimile, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission. The court may permit a party or witness to be deposed or to testify by telephone, audiovisual means, or other electronic means.

The court shall not enter an order to disclose personal data without reviewing all of the information that has been provided to the court and shall not draw an adverse inference from the failure of the parent to appear in person to contest disclosure of information.

The court may, upon motion by any party, or the division of taxation, child support enforcement, or on its own, enter an order:

(1) sealing the file and prohibiting any disclosure of confidential information by the court or its agents;

(2) obliterating location information contained in the court file;

(3) permitting disclosure by the court or its agents to a specific person or persons;

(4) prohibiting disclosure by the court or its agents to a specific person or persons; or

(5) removing any restrictions on disclosure by the court and its agents.

An order permitting disclosure of personal data may specify the purposes for which the data may be used and may prohibit a person to whom the data is disclosed from making further disclosures to any other person. The court shall notify the IV-D agency of any order entered pursuant to this section. Any person or agency who violates an order issued pursuant to this section may be held in contempt of court and subject to the penalties provided in said section 15-22-4(c).

The court may disclose location information about a parent for the limited purpose of notifying the parent of a proceeding under this section or of any other proceeding in the probate and family court, provided that such information shall not be disclosed to another party unless the court issues an order pursuant to this section permitting such disclosure.