Confidential records must be protected from creation through final disposition.  Any official record, convenience copy, or transitory information can contain confidential information regardless of the media.  TxDOT employees who handle or have access to confidential records have a duty to safeguard and protect the information.   

“Confidential Information” has the meaning provided in , which states the confidential information means “information that must be protected from unauthorized disclosure or public release based on published laws or legal agreements.” Information that is Confidential Information under this definition may include:

(a) Attorney-Client communications.

(b) Drafts of policymaking documents.

(c) Information related to pending litigation.

(d) Audit working papers.

(e) Competitive bidding information before contract awarded.

(f) Sensitive Personal Information.

(g) Regulated data.

(h) Information excepted from disclosure requirements of of the Texas Government Code (“Public Information Act”) or other applicable state or federal law

(i) Compliance reports for which the Texas Attorney General has granted permission to withhold.

(j) Investigative working papers and draft reports excepted from disclosure under Section of the Texas Government Code.