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Georgia Public Records < Georgia Public Information Act Exceptions

Georgia Public Information Act Exceptions.

Overview of the Georgia Open Records Act

The Georgia Open Records Act (ORA), embedded within Title 50, Chapter 18, Article 4 of the Georgia Annotated Code, sets forth the public’s entitlement to reach government records. This act strives to encourage transparency and responsibility within governmental frameworks by enabling citizens to inspect and reproduce a broad assortment of public files.

The ORA spans all state divisions, agencies, panels, bureaus, commissions, and authorities, including county and municipal governmental entities along with regional boards. It also touches private entities conducting services on behalf of public agencies and nonprofit organizations drawing more than one-third of their funding from tax revenue. The act characterizes “public records” in a wide sense, covering written documents, diagrams, books, tapes, images, and digital data prepared, maintained, or received in the course of governmental tasks.

Types of Public Records

Government Documents

Government papers subject to the ORA encompass a wide spectrum of materials created or stored by public bodies. These may consist of:

  • Official reports and analyses
  • Budgets and fiscal records
  • Correspondence and internal communications
  • Meeting minutes and agendas
  • Permits and licenses
  • Contracts and agreements

Electronic Records

As government operations have increasingly transitioned into the digital realm, electronic records now form a key segment of public records. These may consist of:

  • Emails and instant chat logs
  • Databases and spreadsheets
  • Digital sound and video recordings
  • Social media interactions and exchanges
  • Computer-generated reports and assessments

Correspondence and Communications

Official correspondence and communications between government officials, agencies, and the public at large are largely regarded as public records. This can include:

  • Letters and memos
  • Emails and SMS exchanges
  • Voicemails and recorded phone calls
  • Social media engagements

General Exemptions from Disclosure

Though the ORA advocates for openness, it also acknowledges the necessity to shield certain types of information. The Georgia Code provides detailed exemptions from public exposure.

Confidential Information

Certain categories of data are deemed confidential and thus exempt from being shared under the ORA. This includes:

  • Trade secrets and proprietary data
  • Communications protected by attorney-client privilege
  • Records that federal law mandates be kept confidential

Personal Privacy

The act safeguards individuals’ privacy by withholding specific personal data from release. This includes:

  • Social Security numbers
  • Mother’s maiden name
  • Credit card and bank account details
  • Home addresses and phone numbers of public workers

Law Enforcement Records

Certain law enforcement documents are shielded from release to preserve the confidentiality of ongoing probes and ensure public protection. These may encompass:

  • Records of active investigations
  • Identities of confidential informants
  • Surveillance methods and procedures

Attorney-Client Privilege

Correspondence between government bodies and their legal advisors, falling under attorney-client privilege, remains exempt from disclosure under the ORA.

Specific Exemption Categories

Medical and Veterinary Records

Medical and veterinary documents are largely protected from disclosure to preserve individual privacy and confidentiality. This includes:

  • Patient medical histories
  • Treatment notes
  • Diagnostic details

Ongoing Investigations

Documents tied to active investigations by law enforcement or regulatory bodies are generally withheld until the investigation reaches a conclusion. This serves to preserve the integrity of the investigative process and avoid interference in open cases.

Trade Secrets and Proprietary Information

The ORA safeguards trade secrets and proprietary details submitted to government bodies by private firms. This exemption is intended to support fair competition and encourage businesses to cooperate with government agencies without the risk of revealing sensitive data to rivals.

Critical Infrastructure and Security Information

Data pertaining to critical infrastructure and security measures is shielded from exposure to protect public safety. This may include:

  • Detailed designs of government structures
  • Security plans and protocols
  • Data about vital utility systems

Protected Personal Information

The ORA has provisions to shield specific personal data from disclosure, balancing the public’s need for transparency with an individual’s right to privacy.

Public Employee Data

While certain details about public employees are subject to disclosure, the ORA protects specific personal information, including:

  • Residential addresses and phone numbers
  • Social Security numbers
  • Insurance and medical details
  • Financial data unrelated to their pay

Social Security Numbers and Financial Information

The act restricts the release of Social Security numbers and sensitive financial details, such as credit card numbers and bank account information, to guard against identity theft and financial exploitation.

Victim and Witness Information

To safeguard the safety and privacy of crime victims and witnesses, certain identifying information is exempt from public access under the ORA.

Procedures for Handling Exempt Information

When addressing records that contain both exempt and non-exempt material, government bodies must follow precise guidelines to ensure they adhere to the ORA.

Redaction Requirements

Agencies are tasked with redacting exempt data from documents before they are released to the public. This process involves obscuring or removing the protected information while maintaining the non-exempt portions of the file.

Partial Disclosure

When a document contains both exempt and non-exempt content, agencies must release the non-exempt sections of the document while protecting the exempt material through redaction or alternative methods.

Notification of Denial

If an agency denies a records request based on an exemption, they are required to provide written notice to the requester, citing the exact legal exemption that justifies the denial.