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Can I ignore consumer requests for information or deletion in Wyoming? What are the requirements?
Here are the requirements for responding to consumer requests for information or deletion in Wyoming:
Requirements for Responding to Consumer Requests
Under the Wyoming Public Records Act, individuals have the right to access public records maintained by state agencies, including the Department of Workforce Services and the Department of Health. Requests for access to public records must be made in writing and may be subject to reasonable restrictions imposed by the Director [1.1][2.5].
Individuals who are the subject of confidential records maintained by the Department of Health are afforded the opportunity to see or receive a copy of their record in accordance with State and Federal regulations. Requests shall be submitted in writing to the appropriate authority [2.1].
The Department of Health is required to maintain any record used to make determinations about an individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual. The Department must also establish physical, administrative and technical safeguards and specific policies for the protection of data maintained by the Department. All systems containing personal information must be maintained in a manner that is conducive to disclosure and access subject to state and federal law, including, but not limited to the Wyoming Public Records Act and 45 CFR Parts 160, 162 and 164 [2.5].
Requirements for Deletion of Records
Wyoming law does not provide a specific right to deletion of personal information. However, individuals who are the subject of a record maintained by the Department of Health have the right to bring to the attention of the custodian of the record any erroneous, inaccurate, or misleading information that is contained in the record, subject to access restrictions imposed by the Wyoming Public Records Act and 45 CFR 164.526. Individuals have the right to petition to correct inaccuracies by submitting a written request to the Department’s Staff Physician identifying the specific record to be corrected, the erroneous portion of the record, and the proposed correction [2.4].
Requests from Governmental Entities
Requests from the federal government, its agencies, other states and their agencies, other Wyoming state agencies, Wyoming counties, municipalities, the Wyoming legislature, legislative service office, and requests from individual legislators, in their legislative capacity, for records shall be furnished free of charge. These requests shall be subject to the provisions of W.S. 9-2-2607 [1.2].
Enforcement
If an individual believes that an agency has violated the Wyoming Public Records Act, they may file an application in district court pursuant to W.S. § 16-4-203(f) within thirty (30) days after the Director’s statement of reasons is issued [1.1].
Conclusion
In summary, individuals have the right to access public records maintained by state agencies in Wyoming, subject to reasonable restrictions. Requests for access to public records must be made in writing. Wyoming law does not provide a specific right to deletion of personal information. Requests from certain governmental entities for records shall be furnished free of charge. If an individual believes that an agency has violated the Wyoming Public Records Act, they may file an application in district court.
Source(s):
- [1.1] Requests for Information and Access to Public Records.
- [1.2] Requests from Governmental Entities.
- [2.1] Access Requests.
- [2.4] Correction of Records.
- [2.5] Maintenance of Records.
Jurisdiction
Wyoming