December 14, 2009
Section 552.011 of the Government Code states "[t]he attorney general shall maintain uniformity in the application, operation, and interpretation" of the Public Information Act (the "PIA"), chapter 552 of the Government Code. Tex. Gov't Code Ann. § 552.011 (Vernon 2004). Pursuant to this legislative mandate, section 552.011 grants the attorney general the authority to "prepare, distribute, and publish any materials, including detailed and comprehensive written decisions and opinions, that relate to or are based on" the PIA. Id. Under that authority, we issue this decision. It constitutes a previous determination allowing all governmental bodies to withhold, without the necessity of first requesting an attorney general decision, specific categories of information under various exceptions to disclosure in the PIA and other statutes. See id. § 552.301(a) (Vernon Supp. 2009) (concerning request for attorney general decision). The PIA requires governmental bodies to promptly release public information requested under the PIA within a reasonable time, without delay. Id. § 552.221(a); Tex. Att'y Gen. ORD-664 (2001). This decision is intended to encourage the prompt release of requested public information and increase the efficiency of the PIA review process by clearly identifying certain types of information that governmental bodies may withhold without the delay of requesting an attorney general decision.
A governmental body that wishes to withhold requested public information from a requestor based on an exception to disclosure must, in general, first seek a decision from this office before it may lawfully do so under the PIA. Tex. Gov't Code Ann. § 552.301(a) (Vernon Supp. 2009) ("A governmental body that receives a written request for information that it wishes to withhold from public disclosure and that it considers to be within one of the exceptions . . . must ask for a decision from the attorney general . . . if there has not been a previous determination about whether the information falls within one of the exceptions."); see Lubbock v. Cornyn, 993 S.W.2d 461, 465 (Tex. App.—Austin 1999, no. pet.) ("To afford every agency the discretion to determine when the disclosure of otherwise public records would comport with that agency's interpretation of legislative intent would defeat the fundamental purpose of the Public Information Act."); see also Tex. Gov't Code Ann. § 552.006 (Vernon 2004) (PIA "does not authorize the withholding of public information . . . , except as expressly provided by this chapter."). However, when this office has issued a previous determination decision that requested information is not subject to required public disclosure, a governmental body may withhold the information without first seeking an attorney general decision and still be in compliance with the PIA. Tex. Gov't Code Ann. § 552.301(a) (Vernon Supp. 2009); Rainbow Group Ltd. v. Tex. Employment Comm'n, 897 S.W. 2d 946, 950 (Tex. App.—Austin 1995, writ denied); Tex. Att'y Gen. ORD-673 (2001) at 1. A previous determination can increase government efficiency and save taxpayer funds by encouraging governmental bodies to quickly release clearly public information to requestors while saving the time and expense involved in seeking a decision on specific, clearly delineated categories of information the Legislature has deemed confidential.
This office has identified two kinds of previous determination decisions, or rulings, we may issue. Tex. Att'y Gen. ORD-673 (2001); see Houston Chronicle Publ'g Co. v. Mattox, 767 S.W.2d 695, 698 (Tex. 1989) (acknowledging attorney general's authority to decide what constitutes a previous determination). The first kind pertains to specific information requested from a governmental body after this office has already issued a ruling that decides the question of the public availability of the precise information at issue. (1) Tex. Att'y Gen. ORD-673 (2001) at 6-7. The second kind requires all of the following criteria be met: (1) the requested information at issue falls within a specific, clearly delineated category of information about which this office has previously rendered a decision; (2) the previous decision is applicable to the particular governmental body or type of governmental body from which the information is requested; (3) the previous decision concludes the specific, clearly delineated category of information is excepted from disclosure under the PIA; (4) the elements of law, fact, and circumstances are met to support the previous decision's conclusion that the requested records or information at issue is excepted from required disclosure; and (5) the previous decision explicitly provides the governmental body or bodies to which the decision applies may withhold the information without the necessity of again seeking a decision from this office. Id. at 7-8. A previous determination of the second type can apply to all governmental bodies if the decision so provides. Id. at 7 n.7. This decision is a previous determination of the second type and applies to all governmental bodies that seek to withhold certain requested information based on the exceptions we address in this decision. A governmental body that relies on this or any previous determination to withhold information from disclosure should notify the requestor in writing of the decision or ruling upon which it is relying.
II. Information Subject to This Previous Determination
A. Direct Deposit Authorization Form
Section 552.101 of the Government Code states "[i]nformation is excepted from [required public disclosure] if it is information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Tex. Gov't Code Ann. § 552.101 (Vernon 2004). This exception encompasses judicial decisions recognizing the common-law right to privacy. Indus. Found. v. Tex. Indus. Accident Bd., 540 S.W.2d 668, 682-83 (Tex. 1976). The Texas Supreme Court has held information is protected from disclosure under section 552.101 and the common-law right to privacy if (1) the information contains highly intimate or embarrassing facts the publication of which would be highly objectionable to a reasonable person, and (2) the information is not of legitimate concern to the public. Id. at 685. Both parts of the test must be met for information to be considered confidential based on the common-law right to privacy. Id.
Financial information relating to an individual ordinarily satisfies the first requirement of the test for common-law privacy. Tex. Att'y Gen. ORD-600 (1992) at 9; Tex. Att'y Gen. ORD-373 (1983) at 3. A legitimate public interest in financial information exists when the information concerns the essential facts about a financial transaction between an individual and a governmental body. Tex. Att'y Gen. ORD-545 (1990) at 4; see Tex. Att'y Gen. ORD-600 (1992) at 9 (finding employee participation in group insurance program funded in part by state involves transaction with state and thus information concerning that participation is not private). But, the public does not have a legitimate interest in information about an individual's personal financial decisions that do not involve a transaction with a governmental body. See Tex. Att'y Gen. ORD-600 (1992) at 10-11 (employee choice of health insurance carrier, employee choice of optional insurance coverages, and employee decision to allocate compensation to TexFlex benefits are private financial decisions; information reflecting such decisions is private); Tex. Att'y Gen. ORD-545 (1990) (information related to employee participation in deferred compensation plan represents an individual investment decision the public ordinarily does not have a legitimate interest in knowing).
This office has determined a public employee's decision as to the direct deposit of his or her compensation is a personal financial decision, and the public does not have a legitimate interest in information about that decision. Tex. Att'y Gen. ORD-600 (1992) at 11-12. Thus, a direct deposit authorization form completed by a public employee is the employee's private information and is excepted from required public disclosure under section 552.101 in its entirety. Id. We have attached to this decision an example of a direct deposit authorization form. See Appendix A. We find that any similar direct deposit form, when completed by an employee, implicates the employee's common-law right to privacy and thus is excepted from disclosure in its entirety under section 552.101.
B. Employment Eligibility Verification Form I-9
Section 552.101 also excepts from required public disclosure information considered confidential by statute. Tex. Gov't Code Ann. § 552.101 (Vernon 2004). Section 1324a of title 8 of the United States Code governs the disclosure of Employment Eligibility Verification Form I-9. Section 1324a provides the Form I-9 "and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this chapter" and for enforcement of other federal statutes governing crime and criminal investigations. (2) 8 U.S.C.A. § 1324a(b)(5) (West 2005); see 8 C.F.R. § 274a.2(b)(4) (2009). Release of this form and any attachments under the PIA would be "for purposes other than for enforcement" of the referenced federal statutes. Accordingly, a Form I-9 and any attachments to it are confidential under section 552.101 in conjunction with section 1324a and may only be released in compliance with the federal laws and regulations governing the employment verification system. 8 U.S.C.A. § 1324a(b)(5) (West 2005); Tex. Gov't Code Ann. § 552.101 (Vernon 2004). We have attached to this decision an example of the Employment Eligibility Verification Form I-9. See Appendix B.
C. W-2 and W-4 Forms
Section 6103(a) of title 26 of the United States Code provides that tax return information is confidential. See 26 U.S.C.A. § 6103(a) (West Supp. 2009) ("Returns and return information shall be confidential, . . . except as authorized by this title . . . ."); Huckaby v. United States, 794 F.2d 1041,1046 (5th Cir. 1986) (Section 6103(a) "forbids the disclosure of return information."). Section 6103 specifies numerous disclosures permitted under that statute. 26 U.S.C.A. § 6103(c)-(o) (West Supp. 2009). "Return information" is defined to include:
a taxpayer's identity, the nature, source, or amount of his income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability, tax withheld, deficiencies, overassessments, or tax payments, whether the taxpayer's return was, is being, or will be examined or subject to other investigation or processing, or any other data, received by, recorded by, prepared by, furnished to, or collected by the Secretary with respect to a return or with respect to the determination of the existence, or possible existence, of liability (or the amount thereof) of any person under this title for any tax, penalty, interest, fine, forfeiture, or other imposition, or offense[.]
Id. § 6103(b)(2)(A). The term, "return information," has been interpreted broadly by federal courts to include any information gathered by the Internal Revenue Service ("IRS") regarding a taxpayer's liability under title 26 of the United States Code. Mallas v. Kolak, 721 F. Supp. 748, 754 (M.D.N.C. 1989), vacated in part on other grounds sub nom. Mallas v. United States, 499 F.2d 1111 (4th Cir. 1993); Johnson v. Sawyer, 640 F. Supp.1126, 1131 (S.D. Tex. 1986); Dowd v. Calabrese, 101 F.R.D. 427, 438 (D.D.C. 1984). The information in a W-2 form and a W-4 form is data collected by the IRS regarding a taxpayer's liability and therefore is within the broad prohibition of section 6103 of the Internal Revenue Code. See Morley v. C. I. A., 453 F. Supp. 2d 137, 150-51 (D.D.C. 2006) (holding W-4 form is "precisely the type of information prohibited from disclosure by 26 U.S.C. § 6103(a)"), rev'd on other grounds, 508 F.3d 1108 (D.C. Cir. 2007); Thompson Publ'g Group, Inc. v. Health Care Fin. Admin., 1994 WL 116141 (D.D.C. 1994) (holding section 6103(a) covers information from W-3 and W-2 forms used to create lists of employees who have received certain Medicare secondary payer mailings). Thus, in the absence of information establishing the applicability of an exception to the confidentiality found in section 6103, W-2 and W-4 forms are confidential in their entirety and excepted from disclosure under section 552.101. Tex. Att'y Gen. ORD-600 (1990) at 8-9. We overrule Open Records Decision No. 226 (1979) to the extent it is inconsistent with this conclusion. See Tex. Att'y Gen. ORD-226 (1979) (requiring release of name, address and social security number in W-2 form while protecting under section 6103(a) the amount of federal income tax withheld, FICA tax withheld and total FICA wages in W-2 form). We have attached to this decision examples of the W-2 and W-4 forms. See Appendix C.
D. Certified Agendas and Tapes of Closed Meetings
We next consider a provision in the Open Meetings Act (the "OMA"), chapter 551 of the Government Code. Tex. Gov't Code Ann. §§ 551.001-.146 (Vernon 2004 & Vernon Supp. 2009). Section 551.104(c) of the Government Code provides: "The certified agenda or tape of a closed meeting is available for public inspection and copying only under a court order issued under [s]ubsection (b)(3)." Id. § 551.104(c). Subsection (b)(3) authorizes a district court in litigation involving an alleged violation of the OMA to order a governmental body to make available to the public a certified agenda or tape. See id. § 551.104 (b)(3). Thus, certified agendas and tapes of closed meetings are confidential under section 551.104 unless a court rules otherwise in an action filed under the OMA. Id.; Finlan v. City of Dallas, 888 F. Supp. 779, 783-84 (N.D. Tex. 1995). Consequently, such information cannot be released to a member of the public in response to a public information request. Tex. Att'y Gen. ORD-495 (1988) at 3. But see E.E.O.C. v. City of Orange, Tex., 905 F. Supp. 381, 382-83 (E.D. Tex. 1995) (as section 551.104 is preempted to extent it thwarts EEOC's efforts to investigate employment discrimination charge, city must produce requested tapes of city council executive meetings); Tex. Att'y Gen. Op. No. JC-0120 (1990) at 1 (governmental body may allow member of governmental body who did not attend closed meeting to review tape recording of meeting). A certified agenda and tape of a closed meeting are therefore excepted from required public disclosure under section 552.101 in conjunction with section 551.104. Tex. Att'y Gen. ORD-495 (1988) at 3.
Next, section 560.003 of the Government Code provides "[a] biometric identifier in the possession of a governmental body is exempt from disclosure under [the PIA]." Tex. Gov't Code Ann. § 560.003 (Vernon 2004). "Biometric identifier" includes a fingerprint. Id. § 560.001(1). Section 560.002 provides a governmental body may not sell, lease, or otherwise disclose a fingerprint unless
(A) the individual consents to the disclosure;
Id. § 560.002(1)(A)-(C). Under section 560.002(1)(A), with proper consent, an authorized representative of the individual to whom the fingerprints belong has a right to obtain the individual's fingerprints. Id. § 560.002(1)(A); Tex. Att'y Gen. OR2009-00191 at 2. In addition, because an individual can consent to the disclosure of his or her fingerprints under the statute, the individual has a right to his or her own fingerprints. Tex.Gov't Code Ann. § 560.002(1)(A) (Vernon 2004); cf. Hutchins v. Tex. Rehab. Comm'n, 544 S.W.2d 802, 804 (Tex. Civ. App.—Austin 1976, no writ) (recognizing patient's right to inspect own records where statute allows patient to consent to disclosure); Tex. Att'y Gen. ORD-613 (1993) at 3-4 ("[t]he subject's power to consent to release of the [Texas Racing C]ommission's investigatory file implicitly provides the subject a right of access to the file" under confidentiality statute). Absent information establishing the applicability of a permissible disclosure under the statute, the portion of a document disclosing a fingerprint is confidential under section 560.003 and therefore excepted from disclosure under section 552.101 of the PIA. Tex. Gov't Code Ann. §§ 552.101, 560.003 (Vernon 2004).
F. L-2 and L-3 Declarations
Under section 1701.306(b) of the Occupations Code, two forms required by the Texas Commission on Law Enforcement Officer Standards and Education ("TCLEOSE") for issuing a license to a person as an officer or county jailer are confidential: the Licensee Medical Condition Declaration (L-2) and the Licensee Psychological and Emotional Health Declaration (L-3). Tex. Occ. Code Ann. § 1701.306(b) (Vernon 2004). Section 1701.306 provides in part as follows:
(a) [TCLEOSE] may not issue a license to a person as an officer or county jailer unless the person is examined by:
Id. § 1701.306(a), (b). We have attached to this decision copies of L-2 and L-3 forms. See Appendix D. These forms when completed "are not public information" under section 1701.306(b) and, thus, are excepted from public disclosure under section 552.101. (3) Id. § 1701.306(b); Tex. Gov't Code Ann. § 552.101 (Vernon 2004).
G. Motor Vehicle Record Information
Section 552.130(a) of the Government Code provides in relevant part:
Information is excepted from [required public disclosure] if the information relates to:
(1) a motor vehicle operator's or driver's license or permit issued by an agency of this state; [or]
Tex. Gov't Code Ann. § 552.130(a)(1), (2) (Vernon 2004). Because the statute applies to information related to a license or permit "issued by an agency of this state" or a title or registration "issued by an agency of this state," section 552.130 does not apply to out-of-state motor vehicle record information. Id.; Tex. Att'y Gen. OR2009-15181 at 9. We determine that section 552.130 excepts from required public disclosure a Texas driver's license number, a copy of a Texas driver's license, a Texas license plate number, the portion of a photograph that reveals a Texas license plate number, and the portion of any video depicting a discernible Texas license plate number. (4) Tex. Gov't Code Ann. § 552.130(a)(1) (Vernon 2004). This decision does not apply to motor vehicle information in a peace officer's accident report completed pursuant to chapter 550 of the Transportation Code. See Tex. Transp. Code Ann. § 550.065 (Vernon Supp. 2009) (concerning release of information relating to motor vehicle accidents).
H. Access Device Information
Section 552.136 of the Government Code reads as follows:
(a) In this section, "access device" means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another access device may be used to:
(1) obtain money, goods, services, or another thing of value; or
Tex. Gov't Code Ann. § 552.136 (Vernon 2004). This office has determined that an insurance policy number, a bank account number, and a bank routing number are each an "access device" as defined in subsection (a). Tex. Att'y Gen. OR2009-16644 at 2, Tex. Att'y Gen. OR2009-06975 at 4. Accordingly, these access device numbers as well as credit card, debit card and charge card numbers, or any portion of those numbers (i.e., the last four digits), are excepted from disclosure based on section 552.136(b). Tex. Gov't Code Ann. § 552.136(b) (Vernon 2004).
I. E-Mail Addresses
Section 552.137 of the Government Code reads as follows:
(a) Except as otherwise provided by this section, an e-mail address of a member of the public that is provided for the purpose of communicating electronically with a governmental body is confidential and not subject to disclosure under this chapter.
Id. § 552.137. Thus, unless an exception under subsection (c) of the statute applies, an e-mail address of a member of the public provided for the purpose of communicating electronically with a governmental body is confidential. Id. § 552.137(a). Section 552.137(a) is not applicable to an institutional e-mail address, an internet website address, or an e-mail address a governmental body provides for the use of its officials or employees. Because a person may consent to the disclosure of his or her e-mail address under the statute, the person has a right to his or her own e-mail address. Id. § 552.137(b); cf. Hutchins v. Tex. Rehab. Comm'n, 544 S.W.2d 802, 804 (Tex. Civ. App.—Austin 1976, no writ) (implying patient's right to inspect own records where statute allows patient to consent to disclosure); Tex. Att'y Gen. ORD-613 (1993) at 3 ("[t]he subject's power to consent to release of the [Texas Racing C]ommission's investigatory file implicitly provides the subject a right of access to the file" under statute). We have attached to this decision sample markings that demonstrate the application of this exception. See Appendix E.
J. Military Discharge Records
Finally, section 552.140 of the Government Code provides as follows:
(a) This section applies only to a military veteran's Department of Defense Form DD-214 or other military discharge record that is first recorded with or that otherwise first comes into the possession of a governmental body on or after September 1, 2003.
Tex. Gov't Code Ann. § 552.140 (Vernon Supp. 2009). Thus, unless an exception under subsection (c) of the statute applies or a court orders disclosure, a Form DD-214 or other military discharge record that is first recorded with or that otherwise first comes into the possession of a governmental body on or after September 1, 2003, is confidential under section 552.140(b) and therefore excepted from required public disclosure. Id. § 552.140(b).
III. Qualifications to this Previous Determination
A. Section 552.023 Right of Access
We next address two situations in which several of the exceptions to disclosure we have addressed do not apply. First, under section 552.023 of the Government Code, the confidentiality of information protected under the following three exceptions does not apply: section 552.101 in conjunction with the common-law right to privacy, sections 552.130, and 552.136. Section 552.023 reads as follows:
(a) A person or a person's authorized representative has a special right of access, beyond the right of the general public, to information held by a governmental body that relates to the person and that is protected from public disclosure by laws intended to protect that person's privacy interests.
Tex. Gov't Code Ann. § 552.023(a), (b), (e) (Vernon 2004); see also id. § 552.229 (concerning consent for release of information under section 552.023 right of access). The protection of sections 552.130 and 552.136 is grounded in privacy principles. (5) Thus, when the requestor is the person or the authorized representative of the person whose privacy interests are protected under section 552.101 in conjunction with the common-law right to privacy, section 552.130, or section 552.136, then the requestor has a right of access under section 552.023 to the information protected from disclosure under those exceptions, and a governmental body may not withhold the information addressed in this decision from that requestor under those exceptions. (6) Id. § 552.023(a).
B. Death of Individual Whose Privacy is Protected
A second situation in which certain exceptions we have addressed do not apply is when the protection of the exception lapses due to the death of the individual whose privacy the exception protects. These exceptions are: section 552.101 in conjunction with the common-law right to privacy, section 552.101 in conjunction with section 560.003, sections 552.130, 552.136, and 552.137. The sole purpose of each of these exceptions is to protect the privacy interests of individuals. The right of privacy is purely personal and terminates upon the death of the person whose privacy is invaded. Moore v. Charles B. Pierce Film Enter.s, Inc., 589 S.W.2d 489, 491 (Tex. Civ. App.--Texarkana 1979, writ ref'd n.r.e.) (Texas does not recognize relational or derivative right of privacy). Furthermore, we find no indication in any of these exceptions that the Legislature intended the protection to apply when the individual is deceased. (7) Thus, if the individual to whom the information relates is deceased, the listed exceptions do not apply. However, for sections 552.130 and 552.136, if the information belongs to a living individual in addition to the deceased, the protection of sections 552.130 and 552.136 does not lapse. A governmental body may presume the person whose information is at issue is living unless the facts before it show otherwise.
S U M M A R Y
This decision is intended to encourage the prompt release of requested public information and increase the efficiency of the PIA review process by clearly identifying certain types of information that governmental bodies may withhold without the delay of requesting an attorney general decision.
JONATHAN K. FRELS
1. The first type of previous determination requires all of the following criteria be met: (1) the records or information at issue are precisely the same records or information previously submitted to this office pursuant to section 552.301(e)(1)(D) of the Government Code; (2) the governmental body which received the request for the records or information is the same governmental body that previously requested and received a ruling from the attorney general; (3) the attorney general's prior ruling concluded the precise records or information are or are not excepted from disclosure under the PIA; and (4) the law, facts, and circumstances on which the prior attorney general ruling was based have not changed since the issuance of the ruling. Tex. Att'y Gen. ORD-673 (2001) at 6-7.
2. The referenced chapter in section 1324a(b)(5) is chapter 12 of title 8 of the United States Code, "Immigration and Nationality." 8 U.S.C.A. §§ 1101-1537 (West 2005 & Supp. 2009).
3. Section 1701.306(b) does not apply to any record attached to an L-2 or L-3 declaration. Tex. Occ. Code Ann. § 1701.306(b) (Vernon 2004). However, such records may be confidential under other statutes.
4. If a governmental body lacks the technological capability to redact the Texas motor vehicle record information from a requested video, it must seek a ruling from this office if it wishes to withhold the information from required public disclosure.
This decision does not address the question of the permissible disclosure of motor vehicle record information under chapter 730 of the Transportation Code, the Motor Vehicle Records Disclosure Act, by an agency that compiles or maintains such records. See Tex. Transp. Code Ann. §§ 730.003(1) (Vernon 1999) (defining "agency" to which chapter 730 applies); 730.004 (Vernon Supp. 2009) (prohibiting agency disclosure of personal information in motor vehicle records except in certain circumstances).
5. Some of the other statutes and exceptions we have addressed are similarly grounded in privacy principles, but those other statutes and exceptions provide the exclusive statutory right for the individual whose privacy is implicated to gain access to the protected information. See 8 U.S.C.A. § 1324a(b)(5) (West 2005) (limiting use of Form I-9 to enforcement of certain federal laws); 26 U.S.C.A. § 6103(e)(7) (West Supp. 2009) (permitting disclosure of tax return information to any person authorized by subsection (e) if Secretary of Treasury determines such disclosure would not seriously impair tax administration); Lake v. Rubin, 162 F.3d 113, 116 (D.C. Cir. 1998) (26 U.S.C. § 6103 represents exclusive statutory route for taxpayer to gain access to own return information and overrides individual's right of access under Privacy Act, 5 U.S.C. § 552a); Tex. Gov't Code Ann. §§ 552.137(b) (Vernon Supp. 2009) (permitting disclosure if owner of e-mail consents); 552.140(c) (permitting disclosure of military discharge record to veteran who is subject of record); 560.002(1)(A) (Vernon 2004) (permitting disclosure of biometric identifier when individual consents).
6. If a governmental body seeks to withhold information subject to a right of access under section 552.023 under an exception other than an exception intended to protect the privacy interest of the requestor or the person whom the requestor is authorized to represent, the governmental body must request a decision from this office. Tex. Gov't Code Ann. § 552.307(a) (Vernon Supp. 2009). If a decision is not requested under section 552.307(a), the governmental body must release the information to the person with a special right of access under section 552.023 not later than the tenth business day after the date of receiving the request for information. Id. § 552.307(b).
7. Whether a confidentiality statute lapses on the death of the subject of the information is a question of statutory construction. Tex. Att'y Gen. Op. No. DM-61 (1991) at 3. This office has determined a confidentiality provision will lapse on the death of the subject of the information when the only purpose of the statute is to protect a living person's privacy and the statute does not address release of confidential information after the subject's death or when the statute refers only to living persons. See id. at 4-5 (finding lapse of confidentiality where AIDS test results confidentiality provisions referred to living persons and legislative history indicated legislature intended to protect persons with positive test results from discrimination particularly in employment and insurance); Tex. Att'y Gen. ORD-536 (1989) at 2-3 (holding rationale of provision protecting police officer's photograph ceases to apply after death of officer), Tex. Att'y Gen. ORD-524 (1989) at 3-4 (confidentiality of student records under Government Code section 552.114 lapses upon death). Thus, the confidentiality does not lapse when the statute expressly addresses release of the information after the subject's death, see, e.g., Tex. Att'y Gen. Op. Nos. JM-851 (1988) at 2 (finding nothing in three applicable statutes indicates confidentiality applies only during lifetime of subject of information), JM-229 (1984) at 4 (finding protection of Medical Practice Act continues after death of patient because statute refers to release of records when patient is deceased), or when the statute protects more than an individual's privacy interests, see, e.g., Tex. Att'y Gen. OR1997-00271 at 2 (ruling Education Code section 21.355 does not lapse as it protects more than teacher's privacy interests).