50-18-70 G
*** CODE SECTION *** 01/23/01
50-18-70.
(a) As used in this article, the term "public record" shall mean all
documents, papers, letters, maps, books, tapes, photographs,
computer based or generated information, or similar material
prepared and maintained or received in the course of the operation
of a public office or agency. "Public record" shall also mean such
items received or maintained by a private person or entity on behalf
of a public office or agency which are not otherwise subject to
protection from disclosure; provided, however, this Code section
shall be construed to disallow an agency's placing or causing such
items to be placed in the hands of a private person or entity for
the purpose of avoiding disclosure. Records received or maintained
by a private person, firm, corporation, or other private entity in
the performance of a service or function for or on behalf of an
agency, a public agency, or a public office shall be subject to
disclosure to the same extent that such records would be subject to
disclosure if received or maintained by such agency, public agency,
or public office. As used in this article, the term "agency" or
"public agency" or "public office" shall have the same meaning and
application as provided for in the definition of the term "agency"
in paragraph (1) of subsection (a) of Code Section 50-14-1 and shall
additionally include any association, corporation, or other similar
organization which: (1) has a membership or ownership body composed
primarily of counties, municipal corporations, or school districts
of this state or their officers or any combination thereof; and (2)
derives a substantial portion of its general operating budget from
payments from such political subdivisions.
(b) All public records of an agency as defined in subsection (a) of
this Code section, except those which by order of a court of this
state or by law are prohibited or specifically exempted from being
open to inspection by the general public, shall be open for a
personal inspection by any citizen of this state at a reasonable
time and place; and those in charge of such records shall not refuse
this privilege to any citizen.
(c) Any computerized index of a county real estate deed records
shall be printed for purposes of public inspection no less than
every 30 days and any correction made on such index shall be made a
part of the printout and shall reflect the time and date that said
index was corrected.
(d) No public officer or agency shall be required to prepare
reports, summaries, or compilations not in existence at the time of
the request.
(e) In a pending proceeding under Chapter 13 of this title, the
"Georgia Administrative Procedure Act," or under any other
administrative proceeding authorized under Georgia law, a party may
not access public records pertaining to the subject of the
proceeding pursuant to this article without the prior approval of
the presiding administrative law judge, who shall consider such open
record request in the same manner as any other request for
information put forth by a party in such a proceeding. This
subsection shall not apply to any proceeding under Chapter 13 of
this title, relating to the revocation, suspension, annulment,
withdrawal, or denial of a professional education certificate, as
defined in Code Section 20-2-200, or any personnel proceeding
authorized under Part 7 and Part 11 of Article 17 and Article 25 of
Chapter 2 of Title 20.
(f) The individual in control of such public record or records shall
have a reasonable amount of time to determine whether or not the
record or records requested are subject to access under this article
and to permit inspection and copying. In no event shall this time
exceed three business days. Where responsive records exist but are
not available within three business days of the request, a written
description of such records, together with a timetable for their
inspection and copying, shall be provided within that period;
provided, however, that records not subject to inspection under this
article need not be made available for inspection and copying or
described other than as required by subsection (h) of Code Section
50-18-72, and no records need be made available for inspection or
copying if the public officer or agency in control of such records
shall have obtained, within that period of three business days, an
order based on an exception in this article of a superior court of
this state staying or refusing the requested access to such records.
(g) At the request of the person, firm, corporation, or other entity
requesting such records, records maintained by computer shall be
made available where practicable by electronic means, including
Internet access, subject to reasonable security restrictions
preventing access to nonrequested or nonavailable records.
50-18-71 G
*** CODE SECTION *** 01/23/01
50-18-71.
(a) In all cases where an interested member of the public has a
right to inspect or take extracts or make copies from any public
records, instruments, or documents, any such person shall have the
right of access to the records, documents, or instruments for the
purpose of making photographs or reproductions of the same while in
the possession, custody, and control of the lawful custodian
thereof, or his authorized deputy. Such work shall be done under the
supervision of the lawful custodian of the records, who shall have
the right to adopt and enforce reasonable rules governing the work.
The work shall be done in the room where the records, documents, or
instruments are kept by law. While the work is in progress, the
custodian may charge the person making the photographs or
reproductions of the records, documents, or instruments at a rate of
compensation to be agreed upon by the person making the photographs
and the custodian for his services or the services of a deputy in
supervising the work.
(b) Where fees for certified copies or other copies or records are
specifically authorized or otherwise prescribed by law, such
specific fee shall apply.
(c) Where no fee is otherwise provided by law, the agency may charge
and collect a uniform copying fee not to exceed 25¢ per page.
(d) In addition, a reasonable charge may be collected for search,
retrieval, and other direct administrative costs for complying with
a request under this Code section. The hourly charge shall not
exceed the salary of the lowest paid full-time employee who, in the
discretion of the custodian of the records, has the necessary skill
and training to perform the request; provided, however, that no
charge shall be made for the first quarter hour.
(e) An agency shall utilize the most economical means available for
providing copies of public records.
(f) Where information requested is maintained by computer, an agency
may charge the public its actual cost of a computer disk or tape
onto which the information is transferred and may charge for the
administrative time involved as set forth in subsection (d) of this
Code section.
(g) Whenever any person has requested one or more copies of a public
record and such person does not pay the copying charges and charges
for search, retrieval, or other direct administrative costs in
accordance with the provisions of this Code section:
(1) A county or a department, agency, board, bureau, commission,
authority, or similar body of a county is authorized to collect
such charges in any manner authorized by law for the collection of
taxes, fees, or assessments owed to the county;
(2) A municipal corporation or a department, agency, board,
bureau, commission, authority, or similar body of a municipal
corporation is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or
assessments owed to the municipal corporation;
(3) A consolidated government or a department, agency, board,
bureau, commission, authority, or similar body of a consolidated
government is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or
assessments owed to the consolidated government;
(4) A county school board or a department, agency, board, bureau,
commission, authority, or similar body of a county school board is
authorized to collect such charges in any manner authorized by law
for the collection of taxes, fees, or assessments owed to the
county;
(5) An independent school board or a department, agency, board,
bureau, commission, authority, or similar body of an independent
school board is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or
assessments owed to the municipal corporation; and
(6) A joint or regional authority or instrumentality which serves
one or more counties and one or more municipal corporations, two
or more counties, or two or more municipal corporations is
authorized to collect such charges in any manner authorized by law
for the collection of taxes, fees, or assessments owed to the
county if a county is involved with the authority or
instrumentality or in any manner authorized by law for the
collection of taxes, fees, or assessments owed to the municipal
corporation if a municipal corporation is involved with the
authority or instrumentality.
This subsection shall apply whether or not the person requesting the
copies has appeared to receive the copies.
50-18-71.1 G
*** CODE SECTION *** 01/23/01
50-18-71.1.
(a) Notwithstanding any other provision of this article, an exhibit
tendered to the court as evidence in a criminal or civil trial shall
not be open to public inspection without approval of the judge
assigned to the case or, if no judge has been assigned, approval of
the chief judge or, if no judge has been designated chief judge,
approval of the judge most senior in length of service on the court.
(b) In the event inspection is not approved by the court, in lieu of
inspection of such an exhibit, the custodian of such an exhibit
shall, upon request, provide one or more of the following
representations of the exhibit:
(1) A photograph;
(2) A photocopy;
(3) A facsimile; or
(4) Another reproduction.
(c) The provisions of subsections (b), (c), (d), and (e) of Code
Section 50-18-71 shall apply to fees, costs, and charges for
providing a photocopy of such an exhibit. Fees for providing a
photograph, facsimile, or other reproduction of such an exhibit
shall not exceed the cost of materials or supplies and a reasonable
charge for time spent producing the photograph, facsimile, or other
reproduction, in accordance with subsections (d) and (e) of Code
Section 50-18-71.
50-18-71.2 G
*** CODE SECTION *** 01/23/01
50-18-71.2.
Any agency receiving a request for public records shall be required
to notify the party making the request of the estimated cost of the
copying, search, retrieval, and other administrative fees authorized
by Code Section 50-18-71 as a condition of compliance with the
provisions of this article prior to fulfilling the request as a
condition for the assessment of any fee; provided, however, that no
new fees other than those directly attributable to providing access
shall be assessed where records are made available by electronic
means.
50-18-72 G
*** CODE SECTION *** 01/23/01
50-18-72.
(a) Public disclosure shall not be required for records that are:
(1) Specifically required by the federal government to be kept
confidential;
(2) Medical or veterinary records and similar files, the
disclosure of which would be an invasion of personal privacy;
(3) Except as otherwise provided by law, records compiled for law
enforcement or prosecution purposes to the extent that production
of such records would disclose the identity of a confidential
source, disclose confidential investigative or prosecution
material which would endanger the life or physical safety of any
person or persons, or disclose the existence of a confidential
surveillance or investigation;
(4) Records of law enforcement, prosecution, or regulatory
agencies in any pending investigation or prosecution of criminal
or unlawful activity, other than initial police arrest reports and
initial incident reports; provided, however, that an investigation
or prosecution shall no longer be deemed to be pending when all
direct litigation involving said investigation and prosecution has
become final or otherwise terminated;
(4.1) Individual Georgia Uniform Motor Vehicle Accident Reports,
except upon the submission of a written statement of need by the
requesting party, such statement to be provided to the custodian
of records and to set forth the need for the report pursuant to
this Code section; provided, however, that any person or entity
whose name or identifying information is contained in a Georgia
Uniform Motor Vehicle Accident Report shall be entitled, either
personally or through a lawyer or other representative, to receive
a copy of such report; and provided, further, that Georgia Uniform
Motor Vehicle Accident Reports shall not be available in bulk for
inspection or copying by any person absent a written statement
showing the need for each such report pursuant to the requirements
of this Code section. For the purposes of this subsection, the
term "need" means that the natural person or legal entity who is
requesting in person or by representative to inspect or copy the
Georgia Uniform Motor Vehicle Accident Report:
(A) Has a personal, professional, or business connection with a
party to the accident;
(B) Owns or leases an interest in property allegedly or actually
damaged in the accident;
(C) Was allegedly or actually injured by the accident;
(D) Was a witness to the accident;
(E) Is the actual or alleged insurer of a party to the accident
or of property actually or allegedly damaged by the accident;
(F) Is a prosecutor or a publicly employed law enforcement
officer;
(G) Is alleged to be liable to another party as a result of the
accident;
(H) Is an attorney stating that he or she needs the requested
reports as part of a criminal case, or an investigation of a
potential claim involving contentions that a roadway, railroad
crossing, or intersection is unsafe;
(I) Is gathering information as a representative of a news media
organization; or
(J) Is conducting research in the public interest for such
purposes as accident prevention, prevention of injuries or
damages in accidents, determination of fault in an accident or
accidents, or other similar purposes; provided, however, this
subparagraph will apply only to accident reports on accidents
that occurred more than 30 days prior to the request and which
shall have the name, street address, telephone number and
driver's license number redacted;
(5) Records that consist of confidential evaluations submitted to,
or examinations prepared by, a governmental agency and prepared in
connection with the appointment or hiring of a public officer or
employee; and records consisting of material obtained in
investigations related to the suspension, firing, or investigation
of complaints against public officers or employees until ten days
after the same has been presented to the agency or an officer for
action or the investigation is otherwise concluded or terminated,
provided that this paragraph shall not be interpreted to make such
investigatory records privileged;
(6) Real estate appraisals, engineering or feasibility estimates,
or other records made for or by the state or a local agency
relative to the acquisition of real property until such time as
the property has been acquired or the proposed transaction has
been terminated or abandoned and engineers' cost estimates and
rejected or deferred bid proposals until such time as the final
award is made, either received or prepared by the Department of
Transportation pursuant to Article 4 of Chapter 2 of Title 32, by
a county pursuant to Article 3 of Chapter 4 of Title 32, or by a
municipality pursuant to Article 4 of Chapter 4 of Title 32;
(7) Notwithstanding any other provision of this article, an agency
shall not be required to release those portions of records which
would identify persons applying for or under consideration for
employment or appointment as executive head of an agency as that
term is defined in paragraph (1) of subsection (a) of Code Section
50-14-1, or of a unit of the University System of Georgia;
provided, however, that at least 14 calendar days prior to the
meeting at which final action or vote is to be taken on the
position, the agency shall release all documents which came into
its possession with respect to as many as three persons under
consideration whom the agency has determined to be the best
qualified for the position and from among whom the agency intends
to fill the position. Prior to the release of these documents, an
agency may allow such a person to decline being considered further
for the position rather than have documents pertaining to the
person released. In that event, the agency shall release the
documents of the next most qualified person under consideration
who does not decline the position. If an agency has conducted its
hiring or appointment process open to the public, it shall not be
required to delay 14 days to take final action on the position.
The agency shall not be required to release such records with
respect to other applicants or persons under consideration, except
at the request of any such person. Upon request, the hiring
agency shall furnish the number of applicants and the composition
of the list by such factors as race and sex. Provided, further,
the agency shall not be allowed to avoid the provisions of this
paragraph by the employment of a private person or agency to
assist with the search or application process;
(8) Related to the provision of staff services to individual
members of the General Assembly by the Legislative and
Congressional Reapportionment Office, the Senate Research Office,
or the House Research Office, provided that this exception shall
not have any application with respect to records related to the
provision of staff services to any committee or subcommittee or to
any records which are or have been previously publicly disclosed
by or pursuant to the direction of an individual member of the
General Assembly;
(9) Records that are of historical research value which are given
or sold to public archival institutions, public libraries, or
libraries of a unit of the Board of Regents of the University
System of Georgia when the owner or donor of such records wishes
to place restrictions on access to the records. No restriction on
access, however, may extend more than 75 years from the date of
donation or sale. This exemption shall not apply to any records
prepared in the course of the operation of state or local
governments of the State of Georgia;
(10) Records that contain information from the Department of
Natural Resources inventory and register relating to the location
and character of a historic property or of historic properties as
those terms are defined in Code Sections 12-3-50.1 and 12-3-50.2
if the Department of Natural Resources through its Division of
Historic Preservation determines that disclosure will create a
substantial risk of harm, theft, or destruction to the property or
properties or the area or place where the property or properties
are located;
(11) Records that contain site specific information regarding the
occurrence of rare species of plants or animals or the location of
sensitive natural habitats on public or private property if the
Department of Natural Resources determines that disclosure will
create a substantial risk of harm, theft, or destruction to the
species or habitats or the area or place where the species or
habitats are located; provided, however, that the owner or owners
of private property upon which rare species of plants or animals
occur or upon which sensitive natural habitats are located shall
be entitled to such information pursuant to this article;
(11.1) An individual's social security number and insurance or
medical information in personnel records, which may be redacted
from such records;
(11.2) Records that would reveal the names, home addresses,
telephone numbers, security codes, or any other data or
information developed, collected, or received by counties or
municipalities in connection with the installation, servicing,
maintaining, operating, selling, or leasing of burglar alarm
systems, fire alarm systems, or other electronic security systems;
provided, however, that initial police reports and initial
incident reports shall remain subject to disclosure pursuant to
paragraph (4) of this subsection;
(12) Public records containing information that would disclose or
might lead to the disclosure of any component in the process used
to execute or adopt an electronic signature, if such disclosure
would or might cause the electronic signature to cease being under
the sole control of the person using it. For purposes of this
paragraph, the term "electronic signature" has the same meaning as
that term is defined in Code Section 10-12-3; or
(13) Records that would reveal the home address or telephone
number, social security number, or insurance or medical
information of law enforcement officers, judges, scientists
employed by the Division of Forensic Sciences of the Georgia
Bureau of Investigation, correctional employees, and prosecutors
or identification of immediate family members or dependents
thereof.
(b) This article shall not be applicable to:
(1) Any trade secrets obtained from a person or business entity
which are of a privileged or confidential nature and required by
law to be submitted to a government agency or to data, records, or
information of a proprietary nature, produced or collected by or
for faculty or staff of state institutions of higher learning, or
other governmental agencies, in the conduct of or as a result of,
study or research on commercial, scientific, technical, or
scholarly issues, whether sponsored by the institution alone or in
conjunction with a governmental body or private concern, where
such data, records, or information has not been publicly released,
published, copyrighted, or patented;
(2) Any data, records, or information developed, collected, or
received by or on behalf of faculty, staff, employees, or students
of an institution of higher education or any public or private
entity supporting or participating in the activities of an
institution of higher education in the conduct of, or as a result
of, study or research on medical, scientific, technical,
scholarly, or artistic issues, whether sponsored by the
institution alone or in conjunction with a governmental body or
private entity until such information is published, patented,
otherwise publicly disseminated, or released to an agency
whereupon the request must be made to the agency. This subsection
applies to, but is not limited to, information provided by
participants in research, research notes and data, discoveries,
research projects, methodologies, protocols, and creative works;
or
(3) Unless otherwise provided by law, contract, bid, proposal,
records consisting of questions, scoring keys, and other
materials, constituting a test that derives value from being
unknown to the test taker prior to administration, which is to be
administered by the State Board of Education, the Office of
Education Accountability, or a local school system, if reasonable
measures are taken by the owner of the test to protect security
and confidentiality; provided, however, that the State Board of
Education may establish procedures whereby a person may view, but
not copy, such records if viewing will not, in the judgment of the
board, affect the result of administration of such test.
These limitations shall not be interpreted by any court of law to
include or otherwise exempt from inspection the records of any
athletic association or other nonprofit entity promoting
intercollegiate athletics.
(c)(1) All public records of hospital authorities shall be subject
to this article except for those otherwise excepted by this
article or any other provision of law.
(2) All state officers and employees shall have a privilege to
refuse to disclose the identity or personally identifiable
information of any person participating in research on commercial,
scientific, technical, medical, scholarly, or artistic issues
conducted by the Department of Human Resources or a state
institution of higher education whether sponsored by the
institution alone or in conjunction with a governmental body or
private entity. Personally identifiable information shall mean
any information which if disclosed might reasonably reveal the
identity of such person including but not limited to the person's
name, address, and social security number. The identity of such
informant shall not be admissible in evidence in any court of the
state unless the court finds that the identity of the informant
already has been disclosed otherwise.
(d) This article shall not be applicable to any application
submitted to or any permanent records maintained by a judge of the
probate court pursuant to Code Section 16-11-129, relating to
licenses to carry pistols or revolvers, or pursuant to any other
requirement for maintaining records relative to the possession of
firearms. This subsection shall not preclude law enforcement
agencies from obtaining records relating to licensing and possession
of firearms as provided by law.
(e) This article shall not be construed to repeal:
(1) The attorney-client privilege recognized by state law to the
extent that a record pertains to the requesting or giving of legal
advice or the disclosure of facts concerning or pertaining to
pending or potential litigation, settlement, claims,
administrative proceedings, or other judicial actions brought or
to be brought by or against the agency or any officer or employee;
provided, however, attorney-client information may be obtained in
a proceeding under Code Section 50-18-73 to prove justification or
lack thereof in refusing disclosure of documents under this Code
section provided the judge of the court in which said proceeding
is pending shall first determine by an in camera examination that
such disclosure would be relevant on that issue;
(2) The confidentiality of attorney work product; or
(3) State laws making certain tax matters confidential.
(f)(1) As used in this article, the term:
(A) "Computer program" means a set of instructions, statements,
or related data that, in actual or modified form, is capable of
causing a computer or computer system to perform specified
functions.
(B) "Computer software" means one or more computer programs,
existing in any form, or any associated operational procedures,
manuals, or other documentation.
(2) This article shall not be applicable to any computer program
or computer software used or maintained in the course of operation
of a public office or agency.
(g) This Code section shall be interpreted narrowly so as to exclude
from disclosure only that portion of a public record to which an
exclusion is directly applicable. It shall be the duty of the
agency having custody of a record to provide all other portions of a
record for public inspection or copying.
(h) Within the three business days applicable to response to a
request for access to records under this article, the public officer
or agency having control of such record or records, if access to
such record or records is denied in whole or in part, shall specify
in writing the specific legal authority exempting such record or
records from disclosure, by Code section, subsection, and paragraph.
No addition to or amendment of such designation shall be permitted
thereafter or in any proceeding to enforce the terms of this
article; provided, however, that such designation may be amended or
supplemented one time within five days of discovery of an error in
such designation or within five days of the institution of an action
to enforce this article, whichever is sooner; provided, further,
that the right to amend or supplement based upon discovery of an
error may be exercised on only one occasion. In the event that such
designation includes provisions not relevant to the subject matter
of the request, costs and reasonable attorney's fees may be awarded
pursuant to Code Section 50-18-73.
50-18-73 G
*** CODE SECTION *** 01/23/01
50-18-73.
(a) The superior courts of this state shall have jurisdiction in law
and in equity to entertain actions against persons or agencies
having custody of records open to the public under this article to
enforce compliance with the provisions of this article. Such
actions may be brought by any person, firm, corporation, or other
entity. In addition, the Attorney General shall have authority to
bring such actions, either civil or criminal, in his or her
discretion as may be appropriate to enforce compliance with this
article.
(b) In any action brought to enforce the provisions of this chapter
in which the court determines that either party acted without
substantial justification either in not complying with this chapter
or in instituting the litigation, the court shall, unless it finds
that special circumstances exist, assess in favor of the complaining
party reasonable attorney's fees and other litigation costs
reasonably incurred. Whether the position of the complaining party
was substantially justified shall be determined on the basis of the
record as a whole which is made in the proceeding for which fees and
other expenses are sought.
(c) Any agency or person who provides access to information in good
faith reliance on the requirements of this chapter shall not be
liable in any action on account of having provided access to such
information.
50-18-74 G
*** CODE SECTION *** 01/23/01
50-18-74.
(a) Any person knowingly and willfully violating the provisions of
this article by failing or refusing to provide access to records not
subject to exemption from this article or by failing or refusing to
provide access to such records within the time limits set forth in
this article shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine not to exceed $100.00.
(b) A prosecution under this Code section may only be commenced by
issuance of a citation in the same manner as an arrest warrant for a
peace officer pursuant to Code Section 17-4-40, which citation shall
be personally served upon the accused. The defendant shall not be
arrested prior to the time of trial, except that a defendant who
fails to appear for arraignment or trial may thereafter be arrested
pursuant to a bench warrant and required to post a bond for his or
her future appearance.
50-18-75 G
*** CODE SECTION *** 01/23/01
50-18-75.
Communications between the Office of Legislative Counsel and the
following persons shall be privileged and confidential: members of
the General Assembly, the Lieutenant Governor, and persons acting on
behalf of such public officers; and such communications, and records
and work product relating to such communications, shall not be
subject to inspection or disclosure under this article or any other
law or under judicial process; provided, however, that this
privilege shall not apply where it is waived by the affected public
officer or officers. The privilege established under this Code
section is in addition to any other constitutional, statutory, or
common law privilege.
50-18-76 G
*** CODE SECTION *** 01/23/01
50-18-76.
No form, document, or other written matter which is required by law
or rule or regulation to be filed as a vital record under the
provisions of Chapter 10 of Title 31, which contains information
which is exempt from disclosure under Code Section 31-10-25, and
which is temporarily kept or maintained in any file or with any
other documents in the office of the judge or clerk of any court
prior to filing with the Department of Human Resources shall be open
to inspection by the general public, even though the other papers or
documents in such file may be open to inspection.
50-18-77 G
*** CODE SECTION *** 01/23/01
50-18-77.
The procedures and fees provided for in this article shall not apply
to public records, including records that are exempt from disclosure
pursuant to Code Section 50-18-72, which are requested in writing by
a state or federal grand jury, taxing authority, law enforcement
agency, or prosecuting attorney in conjunction with an ongoing
administrative, criminal, or tax investigation. The lawful custodian
shall provide copies of such records to the requesting agency unless
such records are privileged or disclosure to such agencies is
specifically restricted by law.
50-18-90 G
*** CODE SECTION *** 01/23/01
50-18-90.
This article shall be known and may be cited as the "Georgia Records
Act."