(1) The Board on Public Safety Standards and Training and the Department of Public Safety Standards and Training may not disclose a photograph of a public safety officer without the written consent of the public safety officer or the public safety officer’s employer. This subsection does not apply to the use by the board or department of a photograph of a public safety officer.
(2) A public safety agency shall provide the department with access to personnel records of an employee or former employee of the public safety agency if:
(a) The department requests access to the records;
(b) The department is conducting an investigation under ORS 181.662 relating to the employee or former employee’s qualifications for employment, training or certification as a public safety officer; and
(c) The records are related to the issue being investigated.
(3) A public safety agency that discloses information under subsection (2) of this section is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, is immune from civil liability from the disclosure or its consequences. For purposes of this subsection, the presumption of good faith is rebutted upon a showing that the public safety agency disclosed the information knowing that the information was false or deliberately misleading or disclosed the information with malicious purpose. [2003 c.770 §2]
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