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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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
communications between agency members

10. 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

11. 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

12. 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