The answer to this question varies from state to state.  As a general rule, the information stored in Guardian Tracking is no more, or less, subject to discovery than any other documentation.


If you are required to release information it can be filtered to include only the information subject to FOIA.  


The following is an excerpt from the agreement which addresses the issue of confidentiality.


9.2  Confidential Information of Customer. 


(a)  Guardian may receive from Customer, or otherwise acquire, certain confidential, proprietary, and/or valuable information of Customer, its affiliates, predecessors, successors or permitted assigns and/or business collaborators, including without limitation the Customer Data (any such information shall hereinafter be referred to as the “Confidential Information”).  All Confidential Information shall remain the sole and exclusive property of Customer, its affiliates, predecessors, successors or permitted assigns and/or business collaborators as the case may be.  Guardian hereby covenants, represents and warrants that Guardian shall treat confidentially and maintain in strict confidence all of the Confidential Information and shall not disclose, in whole or in part, directly or indirectly, any Confidential Information to any person or entity other than to its employees who have a need to know such information for the benefit of Customer to further this Agreement and/or the Support Services; providedhowever, that Guardian nor any of its employees shall directly access the Confidential Information without the prior written consent of the Customer.


(b)  Upon termination or expiration of this Agreement, Guardian shall return to Customer any and all of the Confidential Information (in accordance with Section 5.2(b)(i)).


(c)  Guardian shall cause its employees to comply with the obligations in this Section 9 and shall advise its employees of the obligations hereunder.  The obligations set forth in this Section 9 shall survive the expiration or earlier termination of this Agreement.


(d)  Customer understands and acknowledges that the technical processing and transmission of the Applications, including Customer Data, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks, devices or services.


(e)  In the event that Guardian is requested, pursuant to subpoena or other legal process, to disclose any of the Confidential Information, Guardian shall provide the Customer with immediate notice so that Customer may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement.  In the event that such protective order or other remedy is not obtained or that Guardian waives compliance with the provisions of this Agreement, Guardian (or such other person) shall furnish only that portion of the Confidential Information which is legally required.