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Appendix to Privacy Policy

List of DOR Records Exempt from Public Inspection

All Divisions

  • PII

Auto Industry Division (AID)
§ 44-20-101, C.R.S. et. Seq.

  • PII and records information involving open or ongoing investigations until the investigatory period is complete (hearing, stipulation, or final agency order). Requests for records of closed investigations require redaction and review.

Gaming/Sports Betting
§ 44-30-526 (1),  & 44-30-1507 (1), C.R.S.

  • Tax returns of individual licensees.
  • Credit reports and security reports and procedures of applicants for licenses and other persons seeking or doing business with the commission.
  • Audit work papers, worksheets, and auditing procedures used by the commission, its agents, or employees.
  • Investigative reports concerning violations of law or concerning the backgrounds of licensees, applicants, or other persons prepared by division investigators or investigators from other agencies working with the commission and any work papers related to the reports; except that the commission may in its sole discretion disclose so much of the reports or work papers as it deems necessary and prudent.

Human Resources (OHR)
§ 24-72-204 (3), C.R.S. et. Seq.

  • PII in personnel files as protected by state law.
  • Requests for “Personnel files” should generally be denied under CORA (§ 24-72-204(3), C.R.S.).  However, the term “Personnel files “is narrowly defined by CORA as “home addresses, telephone numbers, financial information and other information maintained due to the employee/employer relationship”. Employment applications, employment agreements, performance ratings and compensation paid, or settlement/severance agreements are not considered a part of a personnel file and may generally be disclosed with appropriate redactions (§ 24-72-202(4.5), C.R.S.). Also, the “person in interest” and that person’s supervisors shall have access to the entirety of the person in interest’s personnel files.
     

Liquor Enforcement Division (LED) 
§ 44-3-202 (1)(d), C.R.S.

  • Confidential reports of licensees’ showing: the sales volume or quantity of alcohol beverages sold; or stamps purchased; or customers served.

Lottery
§ 44-40-102 (3), C.R.S.

  • “…records of the division and the commission shall be public records regardless of whether the state lottery division and the Colorado lottery commission constitute an enterprise…” (§ 24-72-202(6), C.R.S.).
  • PII & records information involving open or ongoing investigations until the investigatory period is complete (hearing, stipulation, or final agency order).  Requests for records of closed investigations require redaction and review.
     

Marijuana Enforcement Division (MED)
§ 44-10-204 (1), C.R.S.

  • Reports or other information obtained from a medical marijuana or retail marijuana licensee or a medical marijuana or retail marijuana license applicant containing any individualized data, information, or records related to the applicant or licensee or its operation, including sales information, leases, business organization records, financial records, tax returns, credit reports, cultivation information, testing results, and security information and plans, or revealing any customer information, or any other records that are exempt from public inspection pursuant to state law.
  • Investigative records and documents related to ongoing investigations including any records of ongoing civil or administrative investigations conducted to protect the public health, welfare, or safety unless the investigation focuses on persons within the agency.
  • Also included are records of the investigation or files compiled for any other law enforcement purpose.” 
    Computer systems and databases maintained by the state licensing authority and the vendors with which CDOR has contracted.
     

Division of Motor Vehicles (DMV)
Articles 24 & 42, C.R.S. & U.S.C.; See exemptions for statutory & code citations.

  • Certain driving records, licensing records, and title/registration records are specifically excluded from CORA and generally may not be released under CORA (§ 24-72-204(2)(a)(VI), C.R.S.). These records include those designated as confidential (§ 42-2-121 § 42-1-206(1)(b)(1) § 24-72-204(7)(a), C.R.S.); and the federal Driver’s Privacy Protection Act of 1994, (18 U.S.C. sec. 2721); all of which limit public disclosure of personal information or highly restricted personal information contained in motor vehicle records.
  • Other DMV records are within the custody of the Investigative Division and are considered “Criminal Justice Records”, not “public records” (§ 42-1-206(6), C.R.S.). Such records are governed by the Criminal Justice Records Act and not CORA (§ 24-72-301, C.R.S.). Nevertheless, requests that involve documents or records of closed investigations require redaction of documents according to CDOR approved redaction templates. Most other records within the custody of the DMV are considered public records open to inspection by the public upon submission of a “Requestor Release Form” and “Affidavit of Intended Use”.
  • Personal information is defined as information that defines an individual including that person’s photograph, social security number, driver identification number, name, address (except zip code) telephone number, and medical or disability information. (18 U.S.C. sec. 2725(3)). It also includes all information contained in driver’s license applications, identification card applications, motor vehicle title applications, motor vehicle registration applications, and official records maintained by CDOR (§ 42-2-121(2)(c)(I) or § 24-72-204, C.R.S.). Highly restricted personal information is a subset of personal information, and includes an individual’s photograph or image, social security number, and medical or disability information (18 U.S.C. sec. 2725(4)).
  • DMV Bulk records: The Department has established a system to allow bulk electronic transfer of certain driver license and motor vehicle title/registration information to primary users and vendors who are permitted to receive such information (§ 42-1-206(3.7), & 24-72-204, C.R.S.). Bulk transfers to vendors shall be limited strictly to vendors who transfer or resell such information for purposes permitted by law. 
     

Taxation
39-21-113(4)(a), C.R.S.; 1 CCR 201-1; 26 U.S. Code § 6103

  • “…employees shall not divulge or make known in any way any information obtained from any investigation conducted by the Department or its agents or disclosed in any document, report, or return filed in connection with any of the taxes covered by this article.” Informational requests regarding procedures, obligations, fiscal matters or resources of the Division may be subject to CORA. However, requests for generalized tax collection or bulk tax data are referred to the Office of Research and Analysis.
  • 1 CCR 201-1:  Returns Confidential. Every tax return and all information therein contained together with correspondence, papers, affidavits, assessments, protest, and hearing thereon are secret and confidential and no information relating thereto can be disclosed except by the direction of the executive director (§ 39-21-113, C.R.S., and as provided by subsections (7), (8), (10), (13), (14) and (15) of such section or in the limited manner provided under subsections (4), (9), (11), (12), (16) or (17) of such section.
  • Federal Tax Information (FTI) includes taxpayer returns and return information received directly from the IRS or obtained through an authorized secondary source, such as the Social Security Administration, is protected by federal law.  For more information on confidential taxpayer information, see CDOR’s Federal Taxpayer Data Security Policy (TAX-023).