(1) The department and commission will maintain the confidentiality of privacy interests entitled to protection by law. Any information which is made public may be altered to provide for the anonymity of persons whose privacy interests are entitled to protection by law.

(2) No complaint, information obtained in the investigation of a complaint, or other information in the department file will be made a matter of public information by the department prior to a finding under ARM 24.9.224 regarding cause to believe discrimination occurred or other agency action terminating investigation and entering an order with respect to a complaint. This rule does not limit the department's disclosures of such information to a party, individual, or agency as may be necessary to carry out the department's obligations under Montana statutes or these rules. The department may disclose any record or information contained in any record to any party, individual, or agency pursuant to a written request by or with the prior written consent of the individual to whom the record pertains.

(3) After a finding of reasonable cause or no reasonable cause or other agency action terminating the investigation in a case, the complaint, information obtained in the investigation of the complaint and other information in the department file which do not relate to privacy interests protected by law become public information.

(4) Disclosure of information regarding complaints alleging violations of federal law which are within the jurisdiction of the department and human rights commission because of worksharing arrangements with federal agencies may be further restricted by provisions of federal law.

(5) All settlement and conciliation agreements are public information except to the extent that they relate to privacy interests entitled to protection by law. A governmental entity does not have a privacy interest in any settlement or conciliation agreement.

(6) Information which is subject to the protection of Montana's constitutional right of privacy, Article 2, Section 10, which is requested or subpoenaed under the authority of 49-2-203 , MCA, or these rules will not be disclosed to any individual, agency, or party outside the department or commission, except as required by law. The commission or hearing examiner may issue appropriate protective orders.