(1) Job information as described in ARM 2.21.3726 is public information.

(2) Screening information as described in ARM 2.21.3726 is public information; however, an agency may maintain the confidentiality of selection procedures and criteria as set forth in ARM 2.21.3726 if:

(a) the agency can establish a legitimate business need to reuse the procedures and criteria; or

(b) the agency determines public disclosure of the information would jeopardize the agency's ability to select the best-qualified candidate for the position.

(3) Applicant information as described in ARM 2.21.3726 is confidential pursuant to Montana's constitutional guarantee of privacy; however, an agency may release applicant information to third parties if the agency:

(a) receives a properly executed court order;

(b) receives a properly executed release from the applicant; or

(c) as part of the application or selection process, notifies applicants that upon weighing the merits of public disclosure against an applicant's individual privacy interests, the agency determined that continued consideration for the position was contingent upon the applicant providing authorization for release of specified applicant information.

(4) Release of applicant information under (3) will be made in accordance with the terms of the court order or release.