Open Records, Open Meetings & The Freedom of Information Act Georgia News Lab

Open Records Act Provides access to the “records” of all “agencies” of Georgia state or local government Applicable records Exceptions: 50 exemptions related to community security, commercial competitiveness, personal privacy Procedure (In Writing) Response

Open Records Act - Exceptions 1. Records specifically required by federal government to be confidential 2. Medical or veterinary records which would invade personal privacy 3. Law enforcement records which would disclose a confidential source or investigative technique, or endanger the life or physical safety of a person 4. Law enforcement records may also be kept confidential while the investigation is pending or while the prosecution is on-going 5. Accident reports, though open to those with a “need” 6. Jury list data 7. Evaluations made in connection with hiring/appointment of public officers and employees 8. Complaints made against public officers/employees 9. Real estate appraisal or acquisition records

10. Sealed bids/detailed cost estimates until contract made or project terminated or abandoned 11. Executive search records, except for top 3 finalists revealed 14 days before action taken, 5 days for college presidents 12. Records of provision of staff services to legislators 13. Records that are of historical research value that are granted to academic libraries, public libraries or public archives can be restricted for up to 75 years 14. Records of the Department of Natural Resources to prevent substantial risk of harm, theft or destruction of property 15. Records of water use by individual farms 16. Agricultural or food system records 17. Records relating to the national animal identification program 18. Records identifying sensitive natural habitats 19. Electronic security system codes and identifying information

20. Records of an individual’s Social Security number, mother’s birth name, insurance or medical information 21. Records revealing home addresses, telephone numbers, etc., of public employees 22. Identifying records of children in the Department of Early Care & Learning 23. Components of an electronic signature 24. Identifying records from car-pooling and ride-sharing arrangements 25. Records which “would compromise” public safety and security 26. Personal information contained in records of an emergency “911” system which would jeopardize public safety 27. Records of athletic or recreational programs, especially that which identifies children under age 12 28. State Road and Tollway Authority records of motorists 29. Records of post-secondary school donors and potential donors

30. Records of MARTA relating to any individual rider 31. Building floor plan information used by emergency first responders 32. Investigative materials/evidence involving child abuse or pornography 33. Proprietary records of a public retirement system 34. Trade secret or confidential business records which are required by law to be submitted to the government 35. Research which is of commercial value and which has been conducted by an institution of higher learning or other governmental agency, until it has been published 36. Information/data provided by participants in scholarly research 37. Records which, if disclosed, would jeopardize the receipt of federal funds 38. Information relating to any test or answers administered by the State Board of Education or Board of Regents 39. Personally identifiable information regarding participants in scholarly research

40. Probate court records relating to licenses to carry/possess firearms 41. Attorney-client relationships protected by privilege 42. Confidential attorney “work product” 43. Confidential tax matters and tax information 44. Computer software used/maintained by state agencies 45. Records relating to state agency liability insurance coverage 46. Department of Economic Development records pertaining to projects under development prior to commitment 47. Records relating to training programs and hiring practices of economic development projects prior to contractual commitment 48. Public retirement system proprietary financial records for a limited time 49. Civil & criminal trial exhibits without approval of judge 50. Physical trial evidence relating to obscenity and the sexual exploitation of children

Open Meetings Act Requires state and local government bodies to conduct their business in such a manner so citizens can review and monitor their elected officials and others working on their behalf “Open” Meetings “Open to the Public” Exceptions: Notice to the public required Penalties for non-compliance

Open Meetings Act - Exceptions meetings in which personnel or personal/private records are discussed meetings for the inspections of physical facilities committees attending state-wide or interdisciplinary seminars committees meeting with legislative or executive branch (where no official business is taking place) social, ceremonial or civic events where no official business taking place staff meetings for investigative purposes pardons and paroles board meetings GBI meetings medical staff committee meetings email communications between agency members

Freedom of Information Act (FOIA) Provides access to all “records” of federal agencies in the executive branch “agencies” = Every agency, department, regulatory commission, government controlled corporation and other establishment in the federal executive branch Exceptions Procedure (in writing) Response

FOIA - Exceptions President and immediate staff Vice President and office administration National security: classified records Internal agency rules: internal personnel rules and practices Statutory exemption: must be kept secret under another federal law Trade secrets Internal agency memos: privileged in civil litigation Personal privacy: personnel and medical; balance of interests Law enforcement: documents would jeopardize criminal or civil investigations, or cause harm to those who help law enforcement Bank reports: prepared about the conditions of banks or other federally regulated institutions Oil and gas well data: prohibit speculators

Other Records Requests (FERPA) The Family Educational Rights and Privacy Act of 1974 protects the privacy of student education records Requires schools to obtain student’s consent or their guardian’s consent, Health and Insurance Portability and Accountability Act of 1996 (HIPAA) federal health privacy regulations allows for release of: current/recent patients treated, name, location, general condition. Unless patient objects. The Driver’s Privacy Protection Act (DPPA) of 1994 / Amended 1999 States cannot release driver’s personal information contained within their Department of Motor Vehicles record, without the driver’s consent Exceptions: traffic violations, accidents, licensed P.I., “carrying out government function”, market research