COURTESY OF FATHERNET BBS (718) 494-1710 PCBoard 15.0 USR-DS 16.8K Just make 1st call *after* 8 PM Eastern because there's immediate callback verification. No Handles. ****************************************** O.C.G.A. @ 50-18-70 (1993) in the course of the operation of a public office or agency. "Public records" 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, further, 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. "Agency" as used in this article shall be as defined in paragraph (1) of subsection (a) of Code Section 50-14-1. (b) All state, county, and municipal records, 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. In no event shall this time exceed three business days. HISTORY: Ga. L. 1959, p. 88, @ 1; Code 1981, @ 50-18-70; Ga. L. 1982, p. 1789, @ 1; Ga. L. 1988, p. 243, @ 1; Ga. L. 1992, p. 1061, @ 5; Ga. L. 1992, p. 1545, @ 1; Ga. L. 1992, p. 2829, @ 2; Ga. L. 1993, p. 1394, @ 2; Ga. L. 1993, p. 1436, @@ 1, 2. NOTES: THE 1988 AMENDMENT, effective March 15, 1988, inserted present subsection (a); designated former subsections (a) and (b) as present subsections (b) and (c); inserted "or specifically exempted", and substituted "by any citizen" for "of any citizen" in present subsection (b). THE 1992 AMENDMENTS. --The first 1992 amendment, effective April 6, 1992, rewrote subsection (a) and added subsections (d) and (e). The second 1992 amendment, effective July 1, 1992, added present subsection (c) and redesignated former subsection (c) as present subsection (f). The third 1992 amendment, effective July 1, 1992, added subsection (g). THE 1993 AMENDMENTS. --The first 1993 amendment, effective April 15, 1993, in subsection (e), added the last sentence. The second 1993 amendment, effective April 15, 1993, rewrote subsection (d) and deleted subsection (g), which pertained to requests for records to be used for commercial solicitation and requests for preparation of reports, summaries, or compilations. CROSS REFERENCES. --Right of shareholders to inspect books and records of corporations, @ 14-2-1602. Confidentiality of records relating to adoption proceedings, @ 19-8-18. Opening of primary and election records of Secretary of State for inspection by public, @ 21-2-51. Opening of primary and election records of election superintendents for inspection by public, @ 21-2-72. Disclosure and publication of vital records, @ 31-10-25. Inspection of motor vehicle records, @ 40-3-24. Confidentiality of reports, files, etc., relating to probation, @ 42-8-40. Confidentiality of records of State Board of Pardons and Paroles, @ 42-9-53. Confidentiality of intangible personal property tax digests, returns, and related records, @ 48-6-43. Confidentiality of income tax information, @@ 48-7-60, 48-7-61. CODE COMMISSION NOTES. --Ga. L. 1992, p. 1061, @ 5, added new subsections (d) and (e). Ga. L. 1992, p. 1545, @ 1, added new subsection (c) and redesignated former subsection (c) as subsection (d). Ga. L. 1992, p. 2829, @ 2, added a new subsection (d). Pursuant to Code Section 28-9-5, in 1992, former subsection (c) was redesignated as subsection (f), and the new subsection added by Ga. L. 1992, p. 2829, @ 1, was redesignated as subsection (g). LAW REVIEWS. --For article discussing the right of access to public records of local government, see 13 Ga. L. Rev. 97 (1978). For article, "Informational Privacy Under the Open Records Act," see 32 Mercer L. Rev. 393 (1980). For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981). For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For annual survey of state and local taxation, see 38 Mercer L. Rev. 337 (1986). For annual survey on local government law, see 42 Mercer L. Rev. 359 (1990). For annual survey of local government law, see 44 Mercer L. Rev. 309 (1992). For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 344 (1992). JUDICIAL DECISIONS ANALYSIS General Consideration Public Records Balancing of Interests Exceptions GENERAL CONSIDERATION INTENT OF GENERAL ASSEMBLY WAS TO AFFORD TO PUBLIC AT LARGE ACCESS TO PUBLIC RECORDS, with the exceptions of certain information which is exempt from disclosure. Griffin-Spalding County Hosp. Auth. v. Radio Station WKEU, 240 Ga. 444, 241 S.E.2d 196 (1978). The General Assembly did not intend that all public records of law enforcement officers and officials be open for inspection by a citizen as soon as such records are prepared. Houston v. Rutledge, 237 Ga. 764, 229 S.E.2d 624 (1976). THE PURPOSE OF THIS ARTICLE is not only to encourage public access to information in order that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions, but also to foster confidence in government through openness to the public. Athens Observer, Inc. v. Anderson, 245 Ga. 63, 263 S.E.2d 128 (1980). The purpose of the Open Records Act is to encourage public access to government information and to foster confidence in government through openness to the public. McFrugal Rental of Riverdale, Inc. v. Garr, 262 Ga. 369, 418 S.E.2d 60 (1992). CONSTRUCTION OF STATUTORY EXEMPTIONS. --Any purported statutory exemption from disclosure under the Open Records Act must be narrowly construed. Hardaway Co. v. Rives, 262 Ga. 631, 422 S.E.2d 854 (1992). INQUIRIES UNDER OPEN RECORDS ACT. --In suits under the Open Records Act, the first inquiry is whether the records are "public records"; if they are, the second inquiry is whether they are protected from disclosure under the list of exemptions or under any other statute; if they are not exempt, then the question is whether they should be protected by court order, but only if there is a claim that disclosure would invade individual privacy. Hardaway Co. v. Rives, 262 Ga. 631, 422 S.E.2d 854 (1992). STANDING TO RECOVER LOANED FBI DOCUMENTS. --United States had standing to bring suit in a federal court to recover FBI documents loaned to a city during a homicide investigation, even though a state court had ordered disclosure of the documents pursuant to the Georgia Open Records Act, and some documents had already been disclosed. U.S. v. Napper, 887 F.2d 1528 (11th Cir. 1989). BURDEN ON CUSTODIAN TO EXPLAIN DENIAL OF ACCESS. --If there has been a request for identifiable public records within the possession of the custodian thereof, the burden is cast on that party to explain why the records should not be furnished. Napper v. Georgia Television Co., 257 Ga. 156, 356 S.E.2d 640 (1987). EFFECT OF PENDENCY OF HABEAS-CORPUS PETITION. --Pendency of a habeas-corpus petition filed by the defendant who was convicted of two of the "Atlanta child murders" did not justify a blanket nondisclosure of the files of other victims which had been introduced to demonstrate a "pattern" among the murders. Napper v. Georgia Television Co., 257 Ga. 156, 356 S.E.2d 640 (1987). BOARD OF REGENTS IS SUBJECT TO OPEN RECORDS ACT. --The Board of Regents of the University System of Georgia is subject to the Open Records Act, since it is an agency of the state. Board of Regents v. Atlanta Journal, 259 Ga. 214, 378 S.E.2d 305 (1989). LAW GOVERNED WHERE INQUEST WAS TO BE CLOSED TO PUBLIC. --Relief sought in a newspaper publisher's suit against a coroner to prohibit him from closing to the public a scheduled inquest was governed by the Open Meetings Law and the Open Records Law. Kilgore v. R.W. Page Corp., 259 Ga. 556, 385 S.E.2d 406 (1989). APPLICABILITY OF 1989 AMENDMENT TO INSURANCE CODE. --A 1989 amendment to the insurance code, which exempts certain documents from the open records law, applied to a case which was on appeal at the time the amendment became effective. Evans v. Belth, 193 Ga. App. 757, 388 S.E.2d 914 (1989). CITED in Rentz v. City of Moultrie, 231 Ga. 579, 203 S.E.2d 216 (1974); Morton v. Skrine, 242 Ga. 844, 252 S.E.2d 408 (1979); Doe v. Sears, 245 Ga. 83, 263 S.E.2d 119 (1980); Bennett v. State, 158 Ga. App. 421, 280 S.E.2d 429 (1981); Price v. Fulton County Comm'n, 170 Ga. App. 736, 318 S.E.2d 153 (1984); City of Atlanta v. Pacific & S. Co., 257 Ga. 587, 361 S.E.2d 484 (1987). PUBLIC RECORDS "PUBLIC RECORDS" DEFINED. --Documents, papers, and records prepared and maintained in the course of the operation of a public office are "public records" within the meaning of this section, and it is immaterial that such documents, papers, and records were not required to be prepared and maintained pursuant to a statute or ordinance. Houston v. Rutledge, 237 Ga. 764, 229 S.E.2d 624 (1976); Irvin v. Macon Tel. Publishing Co., 253 Ga. 43, 316 S.E.2d 449 (1984). The 1980 amendment of the definition of "public records" in @ 50-14-1(b) does not indicate a legislative intent to modify the definition of "public records" set forth in Houston v. Ruthledge, 237 Ga. 764, 229 S.E.2d 624 (1976). Irvin v. Macon Tel. Publishing Co., 253 Ga. 43, 316 S.E.2d 449 (1984). COMMUNICATIONS TO COUNTY OFFICIALS FROM ATTORNEY RETAINED BY COUNTY are county records under this section, and, therefore, are not privileged communications between an attorney and his client. Crow v. Brown, 332 F. Supp. 382 (N.D. Ga. 1971), aff'd, 457 F.2d 788 (5th Cir. 1972). REPORT TO STATE UNIVERSITY IS PUBLIC RECORD. --A report representing the final analysis and recommendations after study by paid consultants to a state university, evaluating the mathematical departments, is a public record under this section. Athens Observer, Inc. v. Anderson, 245 Ga. 63, 263 S.E.2d 128 (1980). APPLICATIONS FOR POSITION OF UNIVERSITY PRESIDENT. --Applications submitted by candidates for the position of Georgia State University president, and the resumes and vitae, which were products of the applicants themselves, although they were materials upon which, in part, "confidential evaluations" were based, were not evaluations. Hence they were not exempt from disclosure. Board of Regents v. Atlanta Journal, 259 Ga. 214, 378 S.E.2d 305 (1989). FINANCIAL RECORDS OF UNIVERSITY OF GEORGIA ATHLETIC ASSOCIATION. --Because the president of the University of Georgia is charged with controlling the intercollegiate sports program at the university and because the maintenance of documents relating to the assets, liabilities, income, and expenses of the intercollegiate sports program is an integral part thereof, regardless of whether the documents are prepared by employees of a private Athletic Association or by the president as treasurer of that association, it is clear that they are documents, papers, and records prepared and maintained in the course of the operation of a public office, and are therefore "public records" under the Open Records Act, @ 50-18-70 et seq. Macon Tel. Publishing Co. v. Board of Regents, 256 Ga. 443, 350 S.E.2d 23 (1986). RECORDS PERTAINING TO UNIVERSITY OF GEORGIA ATHLETICS. --With respect to information pertaining to athletics at the University of Georgia, the following are public records: initial reports, prepared by coaches, of outside income; contracts between coaches and suppliers of equipment and apparel for athletes; and information related to radio and television broadcasts, whether produced by the university or as part of the university's exclusive rights to broadcast football and basketball games. However, contracts between individual coaches and outside entities to make speaking appearances or to provide commentary during certain basketball broadcasts, were not public records, where there was no evidence that the documents related to athletic events involving the university. Dooley v. Davidson, 260 Ga. 577, 397 S.E.2d 922 (1990). THE CONSULTANT APPEARANCE CONTRACT OF A UNIVERSITY ATHLETIC COACH relates to a private activity, is not a public record, and need not be disclosed. Cremins v. Atlanta Journal, 261 Ga. 496, 405 S.E.2d 675 (1991). REAL PROPERTY AD VALOREM DIGESTS, RETURNS, AND RELATED RECORDS, not having been made confidential by law, are subject to inspection under this section. Pensyl v. Peach County, 252 Ga. 450, 314 S.E.2d 434 (1984). RECORDS OF CRIMINAL INVESTIGATIONS fall within the provisions of this section if the criminal investigation has been completed. Cox Enters., Inc. v. Harris, 256 Ga. 299, 348 S.E.2d 448 (1986). RECORDS OF GEORGIA BUREAU OF INVESTIGATION'S INVESTIGATION of Department of Agriculture employees and administrative law judge's order reviewing that investigation were public records subject to disclosure. Irvin v. Macon Tel. Publishing Co., 253 Ga. 43, 316 S.E.2d 449 (1984). POSSIBILITY OF RETRIAL NOT GROUNDS FOR NONDISCLOSURE OF INVESTIGATORY FILES. --When a murder conviction and death sentence resulting from the prosecution have been affirmed on appeal, but a rape conviction has been reversed on a ground that leaves the state free to retry the defendant, the possible retrial of the defendant does not warrant nondisclosure to him of criminal investigatory files, where the agency custodians of the files at issue failed to carry their burden of showing an imminent proceeding on the rape charge against defendant to exempt such files from disclosure pursuant to @ 50-18-72(a)(4). Parker v. Lee, 259 Ga. 195, 378 S.E.2d 677 (1989). INFORMATION INCORPORATED INTO INVESTIGATORY CASE FILE. --Although motor vehicle records used by police during the "Atlanta child murders" case were not open for public inspection under the Public Records Act, this did not preclude public disclosure where a law-enforcement officer who had inspected the records incorporated information therefrom into an investigatory case file. Napper v. Georgia Television Co., 257 Ga. 156, 356 S.E.2d 640 (1987). RECORDS OF GEORGIA DOT. --Neither the "state matter" privilege nor the "secret of state" privilege exempted cost estimates of the DOT from disclosure under the Open Records Act. Hardaway Co. v. Rives, 262 Ga. 631, 422 S.E.2d 854 (1992). DISCLOSURE BY BANK THAT CUSTOMER WAS INVOLVED WITH SOME MOTOR VEHICLES FINANCED THROUGH THE BANK was not an invasion of privacy based on public disclosure of private facts, as, at the time of the disclosure, motor vehicle certificates of title were public records open to public inspection. Williams v. Coffee County Bank, 168 Ga. App. 149, 308 S.E.2d 430 (1983). PEER REVIEW REPORTS CONSTRUED. --The reports generated as part of the state's hospital licensing activities rather than as peer review records are not protected from disclosure under the Open Records Act by @ 31-7-15(d). Georgia Hosp. Ass'n v. Ledbetter, 260 Ga. 477, 396 S.E.2d 488 (1990). HOSPITAL ACCREDITATION REVIEW ORGANIZATION RECORDS. --Hospital accreditation records generated by a nonprofit organization are not protected from disclosure as the records of a confidential review organization under @ 31-7-133 because the organization is not a "review organization" comprised primarily of "professional health care providers" as those terms are defined by @ 31-7-131. Georgia Hosp. Ass'n v. Ledbetter, 260 Ga. 477, 396 S.E.2d 488 (1990). Because hospital accreditation surveys do not fit into any of the categories of records exempted from disclosure, the policy underlying the Open Records Act mandates their release. The public has a legitimate interest in the records which make up the Department of Human Resources' hospital licensing decisions. Georgia Hosp. Ass'n v. Ledbetter, 260 Ga. 477, 396 S.E.2d 488 (1990). RECORDS AVAILABLE FOR PUBLIC INSPECTION. --Public records prepared and maintained in a concluded investigation of alleged or actual criminal activity should be available for public inspection. Houston v. Rutledge, 237 Ga. 764, 229 S.E.2d 624 (1976). TESTIMONY GIVEN AT PUBLIC INQUEST. --When a coroner, who is a public official, makes an inquest and opens it to the public, and the testimony given at the public inquest is recorded and transcribed at public expense, the coroner has waived any right to contend that the transcript is not a public record. R.W. Page Corp. v. Kilgore, 257 Ga. 179, 356 S.E.2d 870 (1987). BALANCING OF INTERESTS JUDICIARY MUST DETERMINE WHETHER INSPECTION OR NONINSPECTION IN PUBLIC INTEREST. --When a controversy arises between a citizen and a public official, the judiciary has the rather important duty of determining whether inspection or noninspection of the public records is in the public interest; the judiciary must balance the interest of the public in favor of inspection against the interest of the public in favor of noninspection in deciding this issue. Athens Observer, Inc. v. Anderson, 245 Ga. 63, 263 S.E.2d 128 (1980); Atchison v. Hospital Auth., 245 Ga. 494, 265 S.E.2d 801 (1980). TRIAL COURT MUST WEIGH FACTORS FOR AND AGAINST INSPECTION. --In determining whether allowing members of the public to inspect records would be in the public interest, the trial court must weigh factors militating in favor of inspection (i.e., the interest of the citizens in knowing what their government officials are doing) against factors militating against inspection (i.e., whether this would unduly disrupt the state activity involved). In this regard, the court must weigh benefits accruing to the government from nondisclosure against the harm which may result to the public if such records are not made available for inspection. Northside Realty Assocs. v. Community Relations Comm'n, 240 Ga. 432, 241 S.E.2d 189 (1978). COURT NEED NOT REVIEW DISCLOSED RECORDS. --There is nothing in the Open Records Act which imposes a duty on the trial court to make a supervisory review of records disclosed under the Act. Trammel v. Martin, 200 Ga. App. 435, 408 S.E.2d 477 (1991). CITIZENS DO NOT HAVE ABSOLUTE RIGHT TO INSPECTION OF ALL PUBLIC RECORDS. The judiciary must balance the interest of the public in favor of inspection against the interest of the public in favor of noninspection in deciding whether inspection or noninspection of the public records is in the public interest. Northside Realty Assocs. v. Community Relations Comm'n, 240 Ga. 432, 241 S.E.2d 189 (1978). BURDEN SHIFTS TO DEFENDANT TO SHOW REASONS FOR NONDISCLOSURE. --Where it was found that plaintiff (citizen) had made a request for identifiable public records within defendant's (police department's) possession, the burden was cast on defendant to explain why the records should not be furnished. Brown v. Minter, 243 Ga. 397, 254 S.E.2d 326, cert. denied, 444 U.S. 844, 100 S. Ct. 88, 62 L. Ed. 2d 57 (1979). SPECIAL OR PERSONAL INTEREST NOT REQUIRED FOR INSPECTION OF DOCUMENTS. --Under this section, a citizen seeking an opportunity to copy and inspect a public record need not show any special or personal interest therein. Northside Realty Assocs. v. Community Relations Comm'n, 240 Ga. 432, 241 S.E.2d 189 (1978). Courts are not authorized to deny members of the public requests to inspect documents merely because those making requests have no special or personal interest in the documents. Northside Realty Assocs. v. Community Relations Comm'n, 240 Ga. 432, 241 S.E.2d 189 (1978). THE DISCLOSURE OF THE NAMES, SALARIES, AND JOB TITLES OF COUNTY HOSPITAL EMPLOYEES is not an invasion of personal privacy as contemplated by the General Assembly to permit an exemption from disclosure, nor is the public interest in disclosure outweighed by benefits to the hospital accruing from nondisclosure. Richmond County Hosp. Auth. v. Southeastern Newspapers Corp., 252 Ga. 19, 311 S.E.2d 806 (1984). EMPLOYMENT AT NONRESIDENT CORPORATION DOES NOT RESTRICT RIGHTS OF CITIZEN EMPLOYEE. --Neither this section nor any other provision of the law disqualifies a citizen of this state from exercising his rights under this section because he happens to be an employee of a nonresident corporation and may share the information received with his employer. Atchison v. Hospital Auth., 245 Ga. 494, 265 S.E.2d 801 (1980). EXCEPTIONS EXCEPTIONS GENERALLY. --Exceptions permitted under this section include disclosure of information regarding on-going investigations, the names of informants, and in exceptional and necessarily limited cases, the names of complainants. Brown v. Minter, 243 Ga. 397, 254 S.E.2d 326, cert. denied, 444 U.S. 844, 100 S. Ct. 88, 62 L. Ed. 2d 57 (1979). RECORDS NOT OPEN FOR PUBLIC INSPECTION. --The public records that are prepared and maintained in a current and continuing investigation of possible criminal activity should not be open for public inspection. Houston v. Rutledge, 237 Ga. 764, 229 S.E.2d 624 (1976). MERE PLACEMENT OF RECORDS OF GEORGIA BUREAU OF INVESTIGATION'S INVESTIGATION IN THE PERSONNEL FILE of an investigated public employee did not transform the records into personnel-related records. Irvin v. Macon Tel. Publishing Co., 253 Ga. 43, 316 S.E.2d 449 (1984). CLINICAL RECORDS. --The disclosure provisions of subsection (b) do not apply to clinical records as defined by @ 37-3-1(2). Southeastern Legal Found., Inc. v. Ledbetter, 260 Ga. 803, 400 S.E.2d 630 (1991). Mental health records of a person who allegedly shot a number of people in a shopping mall were "clinical records" within the meaning of @ 37-3-1(2), and therefore not subject to inspection under the Open Records Act. Southeastern Legal Found., Inc. v. Ledbetter, 260 Ga. 803, 400 S.E.2d 630 (1991). OPINIONS OF THE ATTORNEY GENERAL "PUBLIC RECORD" DEFINED. --A public record is one made by a public officer in pursuance of a duty, the immediate purpose of which is to disseminate information to the public or to serve as a memorial of official transactions for public reference. 1971 Op. Att'y Gen. No. U71-9. CRUCIAL ASPECT WHICH MAKES DOCUMENTS SUBJECT TO PUBLIC SCRUTINY. --The mere fact that a document is deposited or filed in a public office, or with a public officer, or is in the custody of a public officer, does not make it a public record; the crucial aspect which makes applications and related materials subject to public scrutiny is the necessity for a board to keep these documents in the discharge of their proper duty. 1976 Op. Att'y Gen. No. 76-126. GEORGIA COURTS HAVE ADOPTED A BALANCING TEST IN CONSTRUING THIS SECTION. 1981 Op. Att'y Gen. No. U81-47. USE OF TERM "LAW" IN THIS SECTION LIKELY ENCOMPASSES AGENCY RULES AND REGULATIONS. 1981 Op. Att'y Gen. No. 81-50. FILES INSPECTABLE ONLY IF THEY MEET DEFINITION IN @ 50-14-1(B). --Unless files reflecting board-initiated investigation meet definition of subsection (b) of @ 50-14-1, citizen does not have a right to inspect such a file as a public record under this section. 1980 Op. Att'y Gen. No. 80-84. SUBPOENA NOT REQUIRED FOR INSPECTION OR COPYING OF PUBLIC RECORDS. --Citizen requesting to inspect and copy public records subject to this article cannot be required to first obtain a subpoena. 1980 Op. Att'y Gen. No. 80-105. REQUESTS FOR COMPUTER-GENERATED INFORMATION. --Information does not fall outside the scope of the Open Records Act because it is stored by means of magnetic tape or diskette rather than in more traditional form. Where the requested information can be retrieved by a minimal computer search, an agency must comply. The parameters of the Open Records Act cannot be altered by contract and any such provisions are unenforceable. 1989 Op. Att'y Gen. 89-32. GRAND JURY LISTS ARE PUBLIC RECORDS AND OPEN TO PUBLIC INSPECTION. --Under this section and @ 45-6-6, grand jury lists are public records and as such are matters which are open to inspection by citizens at a reasonable time and place; any citizen, even a newspaper publisher, may copy same and also publish them in a newspaper, if he so desires. 1967 Op. Att'y Gen. No. 67-371. SUITS ON ACCOUNT, NOTES, MORTGAGE FORECLOSURES, AND GARNISHMENTS ARE "PUBLIC RECORDS" WITHIN THIS SECTION since they are ept by a public officer under the laws of Georgia. Therefore, as public records these matters should be open to inspection by citizens at a reasonable time and place. 1967 Op. Att'y Gen. No. 67-340. SECTION 8 HOUSING DOCUMENTS. --Documents pertaining to inspection of Section 8 housing are subject to open records requests. 1991 Op. Att'y Gen. No. 91-33. INVESTIGATIVE REPORT MAY BE WITHHELD FROM INSPECTION. --A policeman's investigative report prepared for submission to his superiors is not a record which must be available for inspection or copying pursuant to this article. 1975 Op. Att'y Gen. No. U75-92. NO REQUIREMENT THAT PERSONNEL RECORDS OF LOCAL BOARD BE AVAILABLE FOR PUBLIC INSPECTION. --This section does not require personnel records of a local board of education to be made available to the general public for inspection or copying, and should they so desire, local school boards may lawfully maintain a policy of confidentiality concerning such files. 1977 Op. Att'y Gen. No. 77-56. PERSONNEL RECORDS OF EMPLOYEES OF UNIVERSITY SYSTEM ARE STATE RECORDS WITHIN MEANING OF THIS SECTION. 1965-66 Op. Att'y Gen. No. 66-88. STATE EMPLOYEES ACCEPT CONDITIONS IMPOSED BY LAW OF SALARY DISCLOSURE. --As for those employees who might not desire to have salary information disclosed, in accepting employment by the state, they necessarily accepted the conditions imposed by law upon that employment. 1965-66 Op. Att'y Gen. No. 66-88. DAILY RECORDS, DIARIES, SUMMARIES, AND COMPUTATION SHEETS ARE NOT SUBJECT TO INSPECTION OR COPYING UNDER THIS SECTION; the Department of Transportation may deny requests to examine or copy such papers. 1973 Op. Att'y Gen. No. 73-55. INSPECTION OF PUBLIC UTILITIES TAX INFORMATION FURNISHED BY COMMISSIONER TO COUNTIES. --When this section and @ 48-2-15 are considered together, it is readily apparent, there being no prohibition by court order or by law of the state against the public inspection of public utilities tax information at the county level, that the information incident to the assessment of ad valorem taxes on public utilities furnished by the state revenue commissioner to the counties is not covered by the secrecy provision of @ 48-2-15, and that release of same to the public by the commissioner would not be in violation of such section. However, any information obtained by the commissioner which in the regular course of business is not furnished to the county in the process of assessing the tax would not be the subject matter of a public document in the county office, and, therefore, would remain covered by the secrecy provision of @ 48-2-15. 1963-65 Op. Att'y Gen. p. 277. TRADE SECRETS AND OTHER CONFIDENTIAL BUSINESS INFORMATION MAY BE TREATED AS CONFIDENTIAL. --Trade secrets and other confidential business information received by the state energy office from the federal government and businesses in the private sector are not within the purview of this section, and may be treated as confidential by that state agency. 1974 Op. Att'y Gen. No. U74-113. THIS ARTICLE PROVIDES FOR INSPECTION AND COPYING OF PUBLIC RECORDS BY CITIZENS, but does not require Department of Education to itself prepare and furnish copies of public records to interested persons. 1976 Op. Att'y Gen. No. U76-43. NO ABSOLUTE RIGHT OF PARENT TO INSPECT CHILD'S RECORDS. --This section is generally interpreted to intend that records kept on behalf of the public shall be open and that those kept for the benefit of an individual shall not. Common sense and good judgment should prevail, but there is no absolute legal right on the part of a parent to inspect his minor child's school records. 1972 Op. Att'y Gen. No. U72-74. RECORDS OF JUSTICE OF PEACE ARE OPEN FOR PUBLIC INSPECTION. --The records in the office of the justice of the peace are public records of a court and are open for inspection by the general public, including a notary public, ex officio justice of the peace. 1962 Op. Att'y Gen. p. 101. LICENSURE APPLICATIONS ARE PUBLIC RECORDS AND OPEN FOR PUBLIC INSPECTION. --Licensure applications submitted to the State Board of Registration of Used Car Dealers and their necessary parts are public records and, therefore, applications and related material become state records open to public scrutiny when they are received by the board; financial statements submitted are a necessary part of this application and are, therefore, open for public inspection, and it would not be permissible for the board to return the financial statements to the applicant without subjecting them to public scrutiny. 1976 Op. Att'y Gen. No. 76-126. LICENSURE OF NURSING HOME PROGRAMS IS SUBJECT TO THIS SECTION. 1965-66 Op. Att'y Gen. No. 65-93. NO DISCLOSURE OF INFORMATION FROM RECORDS BY TELEPHONE. --Records may be made available for inspection by members of the public who might come in and make a request, but no such information is to be given by telephone. 1965-66 Op. Att'y Gen. No. 66-88. ACCESS TO INFORMATION ON ELECTORS. --The names, addresses, and zip codes of electors must be furnished upon request for the fees set forth in @ 21-2-234. Any additional identifying information as may be collected and maintained must also be made available for inspection and copying and a reasonable fee may be charged for expenses incurred for copies furnished. 1984 Op. Att'y Gen. No. 84-39. THIS SECTION DOES NOT MANDATE THAT INMATE RECORDS ARE TO BE OPEN FOR PUBLIC INSPECTION since Department of Offender Rehabilitation (now Corrections) rules and regulations, which have force and effect of law, require that inmate records not be open for public inspection. 1981 Op. Att'y Gen. No. 81-50. RELEASE BY DEPARTMENT OF OFFENDER REHABILITATION (NOW CORRECTIONS) TO SOCIAL SECURITY ADMINISTRATION OF INMATE RECORDS. --Department of Offender Rehabilitation (now Corrections) may properly release to Social Security Administration (SSA) inmate records necessary to enable SSA to perform its statutory duties; so long as information released is necessary for SSA to carry out its statutorily prescribed duties, the department will not be liable for invasion of an inmate's privacy. 1981 Op. Att'y Gen. No. 81-50. CONTENTS OF PERSONNEL FILES NOT ORDINARILY AVAILABLE TO GENERAL PUBLIC. --Writings of sort traditionally found in personnel files, as well as such related writings as interoffice communications concerning performance of a specific employee, would not ordinarily be available to general public by virtue of this section. 1981 Op. Att'y Gen. No. 81-71. STUDENT EVALUATIONS OF ACADEMIC COURSES OR PERFORMANCE OF INDIVIDUAL FACULTY MEMBERS ARE SUBJECT TO DISCLOSURE under Georgia's Open Records Law, regardless of the fact that a faculty committee, board or agency may have passed a resolution requiring the evaluation data be maintained in strict confidence. 1988 Op. Att'y Gen. No. 88-3. DEPARTMENT OF MEDICAL ASSISTANCE MUST DISCLOSE MAXIMUM PAYMENTS AVAILABLE TO PROVIDERS under the various reimbursement schedules. 1980 Op. Att'y Gen. No. 80-50. INFORMATION OBTAINED PURSUANT TO CRIMINAL HISTORY BACKGROUND CHECK UNDER @ 16-11-129 IS CONFIDENTIAL. --Information obtained pursuant to criminal history background check, required by @ 16-11-129, from taking of fingerprints and checking of these fingerprints with those presently on file with Georgia Crime Information Center is of a confidential nature and prohibited from public disclosure. 1981 Op. Att'y Gen. No. U81-47. REVOLVER PERMITS. --Only names of persons issued permits to carry revolvers and date of issuance are matters of public record. 1981 Op. Att'y Gen. No. U81-47. UTILITY ACCOUNTS OF A MUNICIPALITY are not exempt from disclosure under Open Records Law. 1982 Op. Att'y Gen. No. U82-36. ALCOHOL BEVERAGE INVOICES SUBMITTED FOR TAX PURPOSES. --Invoices reflecting sales of alcohol beverages by wholesalers to local retailers furnished to a local governing authority for the purpose of computing local alcohol excise tax are public records under @ 50-18-70 and should be disclosed. 1985 Op. Att'y Gen. No. U85-44. NOT UNFAIR USE TO COPY COPYRIGHTED RECORDS ON FILE. --Copying of copyrighted manuals, rates, and rules which must be filed with the insurance commissioner would not constitute an unfair use and hence would not amount to an infringement but, to the contrary, would constitute a fair use within the purpose for which the filing was made with the commissioner. 1965-66 Op. Att'y Gen. No. 66-178. NOTICES OF PLANT CLOSINGS received from private employers by the Georgia Department of Labor pursuant to the "Worker Adjustment and Retraining Notification Act" are subject to public disclosure under the Georgia Open Records Law. 1989 Op. Att'y Gen. 89-38. IT IS NOT PROPER FOR COUNTY TAX COMMISSIONER TO STORE TAX RECORDS IN HIS HOME. 1975 Op. Att'y Gen. No. U75-75. MEMBERS OF THE GENERAL ASSEMBLY have no greater right than any other citizen to inspect records deemed confidential under the Open Records Act. 1988 Op. Att'y Gen. No. U88-33. WORKERS' COMPENSATION RECORDS. --All records of the State Board of Workers' Compensation pertaining to accidents, injuries, and settlements are confidential, unless a party can meet the statutory requirements for access or has authority pursuant to the Child Support Recovery Act. 1991 Op. Att'y Gen. No. 91-5. JOB TRAINING BID DOCUMENTS. --Documents used in the competitive bidding process under the federal Job Training Partnership Act of 1982 are subject to the Open Records Act. 1991 Op. Att'y Gen. No. 91-11. RESEARCH REFERENCES AM. JUR. 2D. --66 Am. Jur. 2d, Records and Recording Laws, @@ 12, 15, 19-30. C.J.S. --76 C.J.S., Records, @@ 35-37. ALR. --Right to examine records or documents of municipality relating to public utility conducted by it, 102 ALR 756. Enforceability by mandamus of right to inspect public records, 169 ALR 653. Validity, construction, and application of statutory provisions relating to public access to police records, 82 ALR3d 19. Restricting access to records of disciplinary proceedings against attorneys, 83 ALR3d 749. Discovery or inspection of state bar records of complaints against or investigations of attorneys, 83 ALR3d 777. Restricting access to judicial records of concluded adoption proceedings, 83 ALR3d 800. Accused's right to discovery or inspection of "rap sheets" or similar police records about prosecution witnesses, 95 ALR3d 832. What constitutes preliminary drafts or notes provided by or for state or local governmental agency, or intra-agency memorandums, exempt from disclosure or inspection under state freedom of information acts, 26 ALR4th 639. Patient's right to disclosure of his or her own medical records under state freedom of information act, 26 ALR4th 701. What are "records" of agency which must be made available under state freedom of information act, 27 ALR4th 680. What constitutes an agency subject to application of state freedom of information act, 27 ALR4th 742. What constitutes "trade secrets" exempt from disclosure under state freedom of information act, 27 ALR4th 773. State freedom of information act requests: right to receive information in particular medium or format, 86 ALR4th 786. NOTES APPLICABLE TO ENTIRE TITLE CROSS REFERENCES. --Institution and prosecution of criminal proceedings involving property of Department of Transportation, @@ 32-1-4 through 32-1-6. Transportation of trash, refuse, etc., across state boundaries for dumping without permission, @ 36-1-16. Revenue bonds generally, T. 36, Ch. 82. Competition for public work bids, T. 36, Ch. 84. NOTES APPLICABLE TO ENTIRE CHAPTER RESEARCH REFERENCES ALR. --What constitutes legitimate research justifying inspection of state or local public records not open to inspection by general public, 40 ALR4th 333. NOTES APPLICABLE TO ENTIRE ARTICLE CROSS REFERENCES. --Inspection of files and records relating to juvenile court proceedings, @ 15-11-58. Furnishing information to out-of-state coroners, @ 45-16-10. LAW REVIEWS. --For article surveying recent developments in administrative law, see 39 Mercer L. Rev. 33 (1987). For article, "State Administrative Agency Contested Case Hearings," see 24 Ga. St. B.J. 193 (1988). For article, "Georgia's Open Records and Open Meetings Laws: A Continued March Toward Government in the Sunshine," see 40 Mercer L. Rev. 1 (1988). JUDICIAL DECISIONS DENIAL OF DEFENDANT'S MOTION TO INSPECT FILES ON CASES OF ACQUITTED CODEFENDANTS. --Where defendant filed a post-trial motion to inspect the state's files on the cases of two codefendants, who, by the time this motion was made, had been acquitted, and the state responded that, assuming its files were "public records" within the meaning of the law, these cases were still under investigation for possible federal prosecutions, the trial court did not err when it denied the defendant's motion. Castell v. State, 250 Ga. 776, 301 S.E.2d 234 (1983), aff'd, 252 Ga. 418, 314 S.E.2d 210 (1984). ARTICLE INAPPLICABLE TO COUNTY OFFICIAL'S COMMUNICATIONS WITH HIS ATTORNEY OR SHERIFF'S DEPUTY TRAINING POLICIES. --This article does not provide for open and affirmative disclosure of county official's communications with his attorney or for disclosure by county sheriff of his policies with respect to training his deputies. Dodson v. Floyd, 529 F. Supp. 1056 (N.D. Ga. 1981). OPINIONS OF THE ATTORNEY GENERAL ARTICLE INAPPLICABLE TO INFORMATION CONCERNING DEGREES AND AWARDS BY UNIVERSITY OF GEORGIA. --Unless and until the University of Georgia designates information concerning degrees and awards to be directory information, as defined by 20 U.S.C. @ 1232g(b)(1), gives public notice and allows reasonable time for response, or until student consents to release of such information, 20 U.S.C. @ 1232g, the Family Educational and Private Rights Act, requires the information to remain confidential. Thus, the Open Records Act of this article does not require disclosure of such information. 1981 Op. Att'y Gen. No. 81-48. WHEN SALARY INFORMATION OF COUNTY EMPLOYEE IS ACCESSIBLE TO PUBLIC. --Where salary information of county employee is contained solely within employee's personnel file, it is not accessible to public; however, where such information is included as part of another public record, it is accessible to public. 1981 Op. Att'y Gen. No. U81-40. AVAILABILITY OF CONTENT OF PERSONNEL RECORD TO EMPLOYEE CONCERNED. --While writings of sort traditionally found in personnel files are not ordinarily available to faculty member or employees concerned by virtue of this article in and of itself, they could be obtained by faculty member or employee through routine "discovery" procedures (e.g., subpoenas or notices to produce), and in many instances, at least in absence of some valid claim of privilege or breach of some right of privacy or confidentiality of someone other than faculty member or employee requesting access, the more prudent course of action would be to make same available even where not "required" by letter of this article. 1981 Op. Att'y Gen. No. 81-71. @ 50-18-71. Right of access to make photographs or reproductions (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. HISTORY: Ga. L. 1959, p. 88, @ 2; Ga. L. 1982, p. 1789, @ 1; Ga. L. 1988, p. 243, @ 2; Ga. L. 1992, p. 1061, @ 6. NOTES: THE 1988 AMENDMENT, effective March 15, 1988, designated the former provisions of this Code section as subsection (a); in subsection (a) twice inserted "or reproductions" following "photographs"; and added subsections (b) through (e). THE 1992 AMENDMENT, effective April 6, 1992, added subsection (f). LAW REVIEWS. --For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 344 (1992). JUDICIAL DECISIONS INTENT OF GENERAL ASSEMBLY was to afford to public at large access to public records, with the exceptions of certain information which is exempt from disclosure. Griffin-Spalding County Hosp. Auth. v. Radio Station WKEU, 240 Ga. 444, 241 S.E.2d 196 (1978). COST OF DISCLOSING INFORMATION TO BE CONSIDERED. --Case was remanded for further determination of the most economical cost for providing information, where the record did not establish that county used the most economical means for providing copies of at least part of the information requested. Trammel v. Martin, 200 Ga. App. 435, 408 S.E.2d 477 (1991). FEES. --The imposition of a fee is allowed only when the citizen seeking access requests copies of documents or requests action by the custodian that involves an unusual administrative cost or burden. Thus, a fee may not be imposed under this section when a citizen seeks only to inspect records that are routinely subject to public inspection, such as deeds, city ordinances or zoning maps. McFrugal Rental of Riverdale, Inc. v. Garr, 262 Ga. 369, 418 S.E.2d 60 (1992). INDIGENTS OR PAUPERS. --There is no provision in this Code section for the excusal of the payment of fees upon filing a pauper's affidavit. McBride v. Wetherington, 199 Ga. App. 7, 403 S.E.2d 873 (1991). CITED in Northside Realty Assocs. v. Community Relations Comm'n, 240 Ga. 432, 241 S.E.2d 189 (1978); Atchison v. Hospital Auth., 245 Ga. 494, 265 S.E.2d 801 (1980). OPINIONS OF THE ATTORNEY GENERAL REQUESTS FOR COMPUTER-GENERATED INFORMATION. --Information does not fall outside the scope of the Open Records Act because it is stored by means of magnetic tape or diskette rather than in more traditional form. Where the requested information can be retrieved by a minimal computer search, an agency must comply. The parameters of the Open Records Act cannot be altered by contract and any such provisions are unenforceable. 1989 Op. Att'y Gen. 89-32. DEPARTMENT OF OFFENDER REHABILITATION (NOW CORRECTIONS) MAY SUPPLY COPIES OF FORMER INMATE'S PRISON MEDICAL RECORDS TO PERSON OTHER THAN INMATE who is neither a doctor nor the agent of a hospital. As a condition precedent to delivery of such records, however, the department should demand proof of the requesting party's authority and might also condition delivery upon tender of payment sufficient to cover the department's expenses in copying the material requested. 1973 Op. Att'y Gen. No. 73-77. SALE OF SURPLUS VOTER LISTS PERMISSIBLE. --Since this section authorizes the custodian of public records to make a charge against anyone desiring a copy, and since @ 21-2-242 makes voter registration lists open to inspection by the public, a board of registrars may sell surplus voter lists. 1971 Op. Att'y Gen. No. U71-140. NEITHER BOARD OF REGENTS NOR MEMBER INSTITUTIONS ARE OBLIGATED TO FURNISH COPIES OF PUBLIC RECORDS. --Neither board of regents nor any of its member institutions is under any obligation under this section to make or furnish copies of any public record to a person requesting same; the board and member institutions may prepare and furnish copies to requesting parties free or for a fee, if they want to. 1981 Op. Att'y Gen. No. 81-71. NO DISCLOSURE OF INFORMATION FROM RECORDS BY TELEPHONE. --Records may be made available for inspection by members of the public who might come in and make a request, but no such information is to be given by telephone. 1965-66 Op. Att'y Gen. No. 66-88. RESEARCH REFERENCES AM. JUR. 2D. --66 Am. Jur. 2d, Records and Recording Laws, @@ 13, 14. C.J.S. --76 C.J.S., Records, @@ 35, 38. USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, article, chapter or title. @ 50-18-71.1. Approval of judge required for inspection of trial exhibits; reproduction of exhibits (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. O.C.G.A. @ 50-18-71.1 (1993) HISTORY: Code 1981, @ 50-18-71.1, enacted by Ga. L. 1992, p. 1061, @ 7. NOTES: EFFECTIVE DATE. --This Code section became effective April 6, 1992. LAW REVIEWS. --For note on 1992 enactment of this Code section, see 9 Ga. St. U.L. Rev. 344 (1992). USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, article, chapter or title. O.C.G.A. @ 50-18-72 (1993) @ 50-18-72. When public disclosure not required (a) Public disclosure shall not be required for records that are: (1) Specifically required by the federal government to be kept confidential; O.C.G.A. @ 50-18-72 (1993) (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, accident reports, and 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; (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 Department of Transportation engineers cost estimates and rejected or deferred bid proposals, except for the total amount of the bid, either received or prepared pursuant to Article 4 of Chapter 2 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; or (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. (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; or (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. 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. HISTORY: Ga. L. 1967, p. 455, @ 1; Ga. L. 1970, p. 163, @ 1; Code 1981, @ 50-18-72, enacted by Ga. L. 1982, p. 1789, @ 1; Ga. L. 1986, p. 1090, @ 2; Ga. L. 1987, p. 377, @ 1; Ga. L. 1988, p. 13, @ 50; Ga. L. 1988, p. 243, @ 3; Ga. L. 1989, p. 553, @ 2; Ga. L. 1989, p. 827, @ 1; Ga. L. 1990, p. 341, @ 1; Ga. L. 1992, p. 1061, @ 8; Ga. L. 1993, p. 968, @ 1; Ga. L. 1993, p. 1336, @ 1; Ga. L. 1993, p. 1669, @ 1. NOTES: THE 1988 AMENDMENTS. --The first 1988 amendment, effective February 16, 1988, part of an Act to correct errors and omissions in the Code, revised language in former subsection (c). The second 1988 amendment, effective March 15, 1988, rewrote this Code section. O.C.G.A. @ 50-18-72 (1993) THE 1989 AMENDMENTS. --The first 1989 amendment, effective April 3, 1989, deleted "and except for data, records, or information relating to any of the following: planning for future acquisition of real property; marketing; the potential expansion of health related services; the preparation and anticipation of the filing of a certificate of need application but only until such application is filed with the appropriate approval agency; the promotion of quality assurance, peer review, and security systems; investigation of potential claims; or matters involving medical staff recruitment" at the end of paragraph (1) of subsection (c). The second 1989 amendment, effective April 10, 1989, added paragraph (7) of subsection (a) and made a related change. THE 1990 AMENDMENT, effective March 28, 1990, added subsection (f), and redesignated former subsection (f) as subsection (g). THE 1992 AMENDMENT, effective April 6, 1992, in subsection (a), added present paragraph (7), redesignated former paragraph (7) as present paragraph (8), and made related stylistic changes. THE 1993 AMENDMENTS. --The first 1993 amendment, effective April 13, 1993, in paragraph (6) of subsection (a), added the language beginning "and Department of Transportation" at the end. The second 1993 amendment, effective April 15, 1993, in subsection (b), substituted ": (1) Any" for "any" following "applicable to"; at the end of paragraph (1), substituted "; or" for a period; added paragraph (2); and substituted "These limitations" for "This limitation" in the final sentence; and rewrote paragraph (2) of subsection (c). The third 1993 amendment, effective July 1, 1993, in paragraph (7) of subsection (a), deleted "or" at the end of the paragraph, in paragraph (8), substituted "; or" for the period at the end of the paragraph, and added paragraph (9). CROSS REFERENCES. --Privilege from testifying generally, @ 24-9-20 et seq. Confidentiality of records of medical peer review groups, @ 31-7-133. Confidentiality of portions of license applications directed to joint-secretary, @ 43-1-2(k). CODE COMMISSION NOTES. --Pursuant to @ 28-9-5, in 1988 a comma was substituted for a semicolon following "concluded or terminated" in paragraph (5) of subsection (a). Pursuant to Code Section 28-9-5, in 1993, a comma was added following "scholarly" in the first sentence of paragraph (2) of subsection (b). LAW REVIEWS. --For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 324 (1989). For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 344 (1992). For comment, "Confidentiality and Dissemination of Personal Information: An Examination of State Laws Governing Data Protection," see 41 Emory L.J. 1185 (1992). JUDICIAL DECISIONS INTENT OF GENERAL ASSEMBLY was to afford to public at large access to public records, with the exceptions of certain information which this article exempts from disclosure. Griffin-Spalding County Hosp. Auth. v. Radio Station WKEU, 240 Ga. 444, 241 S.E.2d 196 (1978). This section manifests the intent of the General Assembly that reports which include the elements of the tort of invasion of privacy are to be exempted from the disclosure requirements of this article; the right of privacy, protectable in tort, however extends only to unnecessary public scrutiny. Athens Observer, Inc. v. Anderson, 245 Ga. 63, 263 S.E.2d 128 (1980). CONSTRUCTION OF STATUTORY EXEMPTIONS. --Any purported statutory exemption from disclosure under the Open Records Act must be narrowly construed. Hardaway Co. v. Rives, 262 Ga. 631, 422 S.E.2d 854 (1992). INQUIRIES UNDER OPEN RECORDS ACT. --In suits under the Open Records Act, the first inquiry is whether the records are "public records"; if they are, the second inquiry is whether they are protected from disclosure under the list of exemptions or under any other statute; if they are not exempt, then the question is whether they should be protected by court order, but only if there is a claim that disclosure would invade individual privacy. Hardaway Co. v. Rives, 262 Ga. 631, 422 S.E.2d 854 (1992). RECORDS OPEN TO PUBLIC INSPECTION UNLESS CLOSED BY SPECIFIC EXCEPTION. --The underlying implication of this section is that all records of all state, county, and municipal authorities are open to public inspection unless closed by a specific exception, and that the records of hospital authorities are not in any respect different from those of other authorities when the issue is one of whether the particular record is open to public inspection under the general provisions of this article or is closed to public inspection under a specific statutory exception. Doe v. Sears, 245 Ga. 83, 263 S.E.2d 119, appeal dismissed and cert. denied, 446 U.S. 979, 100 S. Ct. 2958, 64 L. Ed. 2d 836 (1980). CONSTRUED WITH 42 USC @ 1395BB(A). --There is no requirement under this section that a report generated by or used by the state for state purposes be exempted from disclosure merely because that report would be kept confidential if generated or used by the federal government for federal purposes. Georgia Hosp. Ass'n v. Ledbetter, 260 Ga. 477, 396 S.E.2d 488 (1990). RIGHT TO PRIVACY DETERMINED BY EXAMINING TORT OF INVASION OF PRIVACY. --The invasion of personal privacy encompassed as an exception to the right of the public to access is to be determined by an examination of the tort of invasion of privacy. Cox Enters., Inc. v. Harris, 256 Ga. 299, 348 S.E.2d 448 (1986). LIMITS ON RIGHT OF PRIVACY. --The right of privacy does not prohibit the communication of any matter though of a private nature, when the publication is made under circumstances which would render it a privileged communication according to the law of libel and slander. Dennis v. Adcock, 138 Ga. App. 425, 226 S.E.2d 292 (1976). RESTRICTIONS OF THIS SECTION DO NOT PRECLUDE USE OF RECORDS IN RELEVANT COURT PROCEEDINGS. --Although unauthorized publicity of the contents of hospital records, a patient's health, his anatomical debilities, and the opinions, diagnoses, and tests of his doctors would fall within the restriction of this section, this section does not preclude the use of the records in relevant court proceedings, nor does it provide a basis for a tort action for invasion of privacy when such material is admitted into evidence. Dennis v. Adcock, 138 Ga. App. 425, 226 S.E.2d 292 (1976). VARIOUS FACTORS WEIGH ON THE QUESTION OF WHETHER PERSONAL PRIVACY PROTECTS INFORMATION FROM DISCLOSURE. Among other things, the court should consider whether the information is unsubstantiated and based on hearsay, whether it does not relate or relates only incidentally to the subject matter of the public record, and the remoteness in time of the events referred to. Cox Enters., Inc. v. Harris, 256 Ga. 299, 348 S.E.2d 448 (1986). EMINENT DOMAIN CASES. --Property has been "acquired" for purposes of the exemption set forth in subsection (a)(6) only after condemnation proceedings, including any litigation, have been completed. Real estate appraisals obtained by the Department of Transportation were not subject to disclosure when only the declaration of taking was filed and money was paid into court. Black v. Georgia DOT, 262 Ga. 342, 417 S.E.2d 655 (1992). THE PENDING-PROSECUTION EXEMPTION OF PARAGRAPH (A)(4) refers to imminent adjudicatory proceedings of finite duration. The last phrase of that exemption is but one example of when a prosecution should not be considered "pending" for purposes of the exception. Parker v. Lee, 259 Ga. 195, 378 S.E.2d 677 (1989). INVASION OF PRIVACY RIGHTS OF MURDER VICTIMS. --In determining whether an invasion of the privacy rights of murder victims is warranted or unwarranted, the question can be stated in terms of whether the privacy interests of the deceased are outweighed by the interests of the public favoring disclosure. Napper v. Georgia Television Co., 257 Ga. 156, 356 S.E.2d 640 (1987). POSSIBILITY OF RETRIAL NOT GROUNDS FOR NONDISCLOSURE OF INVESTIGATORY FILES. --When a murder conviction and death sentence resulting from the prosecution have been affirmed on appeal, but a rape conviction has been reversed on a ground that leaves the state free to retry the defendant, the possible retrial of the defendant does not warrant nondisclosure to him of criminal investigatory files, where the agency custodians of the files at issue failed to carry their burden of showing an imminent proceeding on the rape charge against defendant to exempt such files from disclosure pursuant to paragraph (a)(4). Parker v. Lee, 259 Ga. 195, 378 S.E.2d 677 (1989). TENANTS' RIGHTS OF PRIVACY PROTECTED FROM DISCLOSURE OF CERTAIN INFORMATION. --This section forbids disclosure to the general public from housing authority records or files of any information which would invade the constitutional, statutory, or common-law rights of the tenants to privacy. Doe v. Sears, 245 Ga. 83, 263 S.E.2d 119, appeal dismissed and cert. denied, 446 U.S. 979, 100 S. Ct. 2958, 64 L. Ed. 2d 836 (1980). AD VALOREM PROPERTY TAX RECORDS NOT CONFIDENTIAL. --Ad valorem property tax records are not similar to medical records for the purpose of this section and are not required to be kept confidential. Pensyl v. Peach County, 252 Ga. 450, 314 S.E.2d 434 (1984). THE DISCLOSURE OF THE NAMES, SALARIES, AND JOB TITLES OF COUNTY HOSPITAL EMPLOYEES is not an invasion of personal privacy as contemplated by the General Assembly to permit an exemption from disclosure, nor is the public interest in disclosure outweighed by benefits to the hospital accruing from nondisclosure. Richmond County Hosp. Auth. v. Southeastern Newspapers Corp., 252 Ga. 19, 311 S.E.2d 806 (1984). MERE PLACEMENT OF RECORDS OF GEORGIA BUREAU OF INVESTIGATION'S INVESTIGATION IN THE PERSONNEL FILE of an investigated public employee did not transform the records into personnel-related records. Irvin v. Macon Tel. Publishing Co., 253 Ga. 43, 316 S.E.2d 449 (1984). RECORDS OF GEORGIA DOT. --Neither the "state matter" privilege nor the "secret of state" privilege exempted cost estimates of the DOT from disclosure under the Open Records Act. Hardaway Co. v. Rives, 262 Ga. 631, 422 S.E.2d 854 (1992). APPLICATIONS FOR POSITION OF UNIVERSITY PRESIDENT. --Applications submitted by candidates for the position of Georgia State University president, and the resumes and vitae, which were products of the applicants themselves, although they were materials upon which, in part, "confidential evaluations" were based, were not evaluations. Hence they were not exempt from disclosure. Board of Regents v. Atlanta Journal, 259 Ga. 214, 378 S.E.2d 305 (1989). RECORDS CONTAINING CITY CELLULAR TELEPHONE BILLS, including numbers assigned to city cellular telephones, were not exempt from disclosure under paragraph (2) of subsection (a). Dortch v. Atlanta Journal, 261 Ga. 350, 405 S.E.2d 43 (1991). CITED in Northside Realty Assocs. v. Community Relations Comm'n, 240 Ga. 432, 241 S.E.2d 189 (1978); Atchison v. Hospital Auth., 245 Ga. 494, 265 S.E.2d 801 (1980); City of Atlanta v. Pacific & S. Co., 257 Ga. 587, 361 S.E.2d 484 (1987); McBride v. Wetherington, 199 Ga. App. 7, 403 S.E.2d 873 (1991). OPINIONS OF THE ATTORNEY GENERAL TRADE SECRETS AND CONFIDENTIAL BUSINESS INFORMATION TREATED AS CONFIDENTIAL. --Trade secrets and other confidential business information received by the state energy office from the federal government and businesses in the private sector are not within the purview of this article, and may be treated as confidential by that state agency. 1974 Op. Att'y Gen. No. U74-113. FORMER PRISON INMATE'S PRISON MEDICAL RECORDS. --Department of Offender Rehabilitation (now Corrections) may supply copies of former inmate's prison medical records to person other than inmate who is neither a doctor nor the agent of a hospital. As a condition precedent to delivery of such records, however, the department should demand proof of the requesting party's authority and might also condition delivery upon tender of payment sufficient to cover the department's expenses in copying the material requested. 1973 Op. Att'y Gen. No. 73-77. REPORTS PREPARED IN EVALUATING DISABILITY CLAIM. --If the medical board of the Employees Retirement System determines that the examining physician has met the criteria of @ 31-33-2(c) in recommending nondisclosure of medical records prepared in the evaluation of a claim for disability retirement benefits, it is appropriate to refuse copies of those reports to the applicant who was examined. 1992 Op. Att'y Gen. No. 92-19. DEPARTMENT OF NATURAL RESOURCES' SATELLITE IMAGERY DATABASE. --The Department of Natural Resources is not required to provide public access to raw or unenhanced satellite data purchased from EOSAT (a firm that markets unenhanced satellite data), but it must provide public access to the enhanced database of satellite imagery. 1992 Op. Att'y Gen. No. 92-13. VOTER REGISTRATION CARDS. --Construing @ 21-2-242 with @@ 21-2-217(a), 21-2-234, and 50-18-70 et seq., registration cards must be subject to disclosure in accordance with the provisions of the Open Records Act. However, in accordance with the federal Privacy Act of 1974, Section 7(b) (5 U.S.C. @ 552 as note), if a registrar is going to require disclosure of a social security number on a voter registration card, the individual registering to vote should be informed as to whether the disclosure is mandatory or voluntary, under what statutory authority the disclosure is requested, and the uses to which the disclosure will be put. 1990 Op. Att'y Gen. No. 90-5. THE SOCIAL SECURITY NUMBER OF A VOTER is required by @ 21-2-217(a) to be recorded on a voter registration card, if it is known at the time of application, and must be disclosed under an Open Records Act request. 1990 Op. Att'y Gen. No. 90-5. VOTER'S UNLISTED TELEPHONE NUMBER INCLUDED ON VOTER REGISTRATION CARD. --Voter registrars have no authority to request the inclusion of a telephone number on a voter registration card, and in the absence of statutory authority either to require or to request that an elector provide a telephone number, whether listed or unlisted, for a voter registration card, the disclosure of an unlisted number pursuant to an Open Records Act request may constitute an unwarranted invasion of privacy. Hence, a voter's unlisted telephone number should not be disclosed by voter registrars under an Open Records Act request. 1990 Op. Att'y Gen. No. 90-5. PREREQUISITES TO DISCLOSURE OF INFORMATION IN MEDICAL FILES. --No information contained in confidential medical files should be released to a requesting party, unless some prior assurance is given that the requesting party is either the subject of the file in question or that he has in fact been authorized by that person to receive the information which he seeks. 1973 Op. Att'y Gen. No. 73-77. SUBSEQUENT INJURY TRUST FUND BOARD MEETINGS. --The portion of Subsequent Injury Trust Fund Board meetings in which the medical and rehabilitation records of an individual are discussed are not subject to the Open Meetings Law. 1991 Op. Att'y Gen. No. 91-8. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INFORMATION. --Information provided to the Department of Community Affairs in connection with the community development block grant program is not exempt from disclosure under this section unless such information constitutes a trade secret. 1989 Op. Att'y Gen. 89-35. CUSTODIAN BEARS BURDEN TO EXPLAIN WHY PUBLIC RECORDS NOT SUBJECT TO DISCLOSURE. --If there is a request for identifiable public records, the burden is cast upon the custodian of those records to explain why the records should not be disclosed. 1990 Op. Att'y Gen. No. 90-5. RESEARCH REFERENCES AM. JUR. 2D. --66 Am. Jur. 2d, Records and Recording Laws, @@ 36-41. ALR. --Validity, construction, and application of statutory provisions relating to public access to police records, 82 ALR3d 19. When are government records "similar files" exempt from disclosure under Freedom of Information Act provision (5 USCS @ 552(b)(6)) exempting certain personnel,medical, and "similar" files, 106 ALR Fed. 94. USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, article, chapter or title. @ 50-18-73. Jurisdiction to enforce article; attorney's fees and litigation expenses; good faith reliance as defense to action (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. (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. HISTORY: Code 1981, @ 50-18-73, enacted by Ga. L. 1982, p. 1789, @ 1; Ga. L. 1988, p. 243, @ 4; Ga. L. 1992, p. 1061, @ 9. NOTES: THE 1988 AMENDMENT, effective March 15, 1988, designated the former first and second sentences as subsection (a); in the first sentence of subsection (a) inserted "in law and in equity"; and rewrote the former third sentence as present subsection (b). THE 1992 AMENDMENT, effective April 6, 1992, rewrote subsection (b), and added subsection (c). CODE COMMISSION NOTES. --Pursuant to Code Section 28-9-5, in 1992, "it" was substituted for "if" in subsection (b). LAW REVIEWS. --For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 344 (1992). JUDICIAL DECISIONS THE AWARD OF ATTORNEY'S FEES IS DISCRETIONARY under this section and the decision of the superior court will be interfered with only where this discretion has been abused. Richmond County Hosp. Auth. v. Southeastern Newspapers Corp., 252 Ga. 19, 311 S.E.2d 806 (1984); GMS Air Conditioning, Inc. v. Department of Human Resources, 201 Ga. App. 136, 410 S.E.2d 341 (1991). COMPENSATORY AND PUNITIVE DAMAGES NOT AUTHORIZED. --This Code section authorizes an award of attorney's fees and expenses of litigation in actions brought to enforce the statute only if the court determines that the action constituting a violation of the statute was completely without merit as to law or fact. Compensatory and/or punitive damages are not authorized. McBride v. Wetherington, 199 Ga. App. 7, 403 S.E.2d 873 (1991). CITED in Pensyl v. Peach County, 252 Ga. 450, 314 S.E.2d 434 (1984). USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, article, chapter or title. O.C.G.A. @ 50-18-74 (1993) @ 50-18-74. Unlawful refusal to provide access to public records or to allow copying of such records Reserved. Repealed by Ga. L. 1992, p. 1061, @ 10, effective April 6, 1992. NOTES: EDITOR'S NOTES. --The former Code section, relating to unlawful refusal to provide access to public records or to allow copying of such records, was based on Ga. L. 1982, p. 1789, @ 1. USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, article, chapter or title. O.C.G.A. @ 50-18-75 (1993) @ 50-18-75. Confidentiality of communications between Office of Legislative Counsel and certain persons 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. HISTORY: Code 1981, @ 50-18-75, enacted by Ga. L. 1988, p. 243, @ 5. NOTES: EFFECTIVE DATE. --This Code section became effective March 15, 1988. RESEARCH REFERENCES AM. JUR. 2D. --66 Am. Jur. 2d, Records and Recording Laws, @@ 27, 29, 30. C.J.S. --76 C.J.S., Records, @ 36. USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, article, chapter or title. O.C.G.A. @ 50-18-76 (1993) @ 50-18-76. Written matter exempt from disclosure under Code Section 31-10-25 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. HISTORY: Code 1981, @ 50-18-76, enacted by Ga. L. 1991, p. 1943, @ 1. NOTES: EFFECTIVE DATE. --This Code section became effective July 1, 1991. CROSS REFERENCES. --Juvenile Court records, Uniform Rules for the Juvenile Courts of Georgia, Rule 3.1. USER NOTE: For more generally applicable notes, see notes under the first section of this subpart, part, article, chapter or title. O.C.G.A. @ 50-18-90 (1993) @ 50-18-90. Short title This article shall be known and may be cited as the "Georgia Records Act." HISTORY: Ga. L. 1972, p. 1267, @ 1. O.C.G.A. @ 50-18-90 (1993) NOTES APPLICABLE TO ENTIRE TITLE CROSS REFERENCES. --Institution and prosecution of criminal proceedings involving property of Department of Transportation, @@ 32-1-4 through 32-1-6. Transportation of trash, refuse, etc., across state boundaries for dumping without permission, @ 36-1-16. Revenue bonds generally, T. 36, Ch. 82. Competition for public work bids, T. 36, Ch. 84. NOTES APPLICABLE TO ENTIRE CHAPTER RESEARCH REFERENCES ALR. --What constitutes legitimate research justifying inspection of state or local public records not open to inspection by general public, 40 ALR4th 333.