Georgia Foia Laws.

Georgia Open Records Act: Your Guide to Public Information

What is the Georgia Open Records Act?

The Georgia Open Records Act, enshrined at O.C.G.A. § 50-18-70 et seq., is a collection of rules granting the public the right to peek into government records and documents. Brought into force in 1959, ahead of the federal Freedom of Information Act, this regulation underscores Georgia’s firm stance on open government and the flow of transparency.

The Act asserts that public access to files should be encouraged to inspire trust in government and let the public scrutinize how public money is spent and how efficiently institutions function. It creates a strong expectation that public records should be available for review without hesitation. The Georgia assembly has specifically stated that the Act “shall be interpreted expansively to permit the review of governmental records.”

Key Provisions of the Act

Who Can Request Records

Anyone—be it a person, group, corporation, or any other entity—may seek records under the Georgia Open Records Act. There are no barriers based on nationality or residency. Requesters do not need to provide a reason for their inquiry, and there are no restrictions on how the records may be used once acquired.

Types of Records Available

The Act defines public records broadly to cover reports, memos, letters, charts, volumes, recordings, pictures, computer-based or generated data, fields of information, or similar materials produced, maintained, or received by a public office. This includes records possessed by:

State agencies, departments, boards, commissions, authorities
County and city governments
School districts and other local bodies
City, county, and regional authorities
Specific nonprofit groups with significant public funding

Exemptions and Restrictions

While the Act leans toward disclosure, it does offer particular exclusions. Some familiar exemptions include:

Active investigations
Attorney-client privileged conversations
Confidential business information
Certain real estate transaction records
Some personal information in employment files
Documents tied to the provision of services to individual lawmakers

It’s key to remember that these exclusions are to be applied sparingly, and only the precise segment of a record subject to an exemption can be withheld.

Making an Open Records Request

How to Submit a Request

Requests may be submitted in writing, via email, or in person to the custodian of the relevant records. Many agencies supply specific forms or online platforms to assist with submissions. While verbal requests are allowed, it’s wise to send requests in writing to establish a paper trail for potential enforcement purposes.

Required Information

When making a request, include:

Your full name and contact details
A clear and concise description of the records desired
Whether you intend to review the records or obtain copies
Your preferred format for receiving copies (if applicable)

Timeframes for Response

Agencies are required to respond to inquiries within three business days. If the records cannot be provided in that period, the agency must supply a description of the records and an estimated timeline for their availability.

Costs and Fees

Agencies are allowed to charge reasonable fees for searching, retrieving, and duplicating records. The first quarter-hour of search time is free, but after that, agencies may charge based on the wage of the lowest-paid staff member capable of handling the task. Copying fees are usually set at 10 cents per page for letter or legal-sized documents.

Types of Public Records Available

The Georgia Open Records Act grants access to a wide range of public documents, such as:

Government paperwork and communication
Budget reports and financial statements
Law enforcement incident reports
Judicial records (with some exceptions)
Property ownership records
Licensing and permit details
Zoning rules and outcomes
Public officials’ compensation and expenditure reports
Campaign funding records

These documents are useful for investigative reporting, scholarly research, business analysis, and personal needs such as property verification or monitoring government expenditures.

Enforcement and Appeals

If an agency does not comply with the Open Records Act, individuals may bring a civil lawsuit in superior court. The Office of the Attorney General also holds the power to enforce the Act. Violations can lead to civil fines and criminal charges for intentional breaches.

Those denied access to records may appeal the ruling within the agency or file a court case. The agency carries the burden of justifying the withholding of documents in such cases.

Georgia Open Meetings Act

The Georgia Open Meetings Act supplements the Open Records Act by ensuring that government meetings are accessible to the public. It mandates that sessions of public bodies be open to the public, with limited exceptions for executive meetings. This law works hand-in-hand with the Open Records Act to further government openness.

Resources and Further Information

For more detailed explanations of Georgia’s open records laws, explore these resources: