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                           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.