Accessing Public Records in Georgia: A Great Guide for Digital Media
This article serves as a comprehensive guide for digital media professionals seeking to access public records in Georgia.
Under the Open Records Act, residents and non-residents alike have the right to inspect public records, ensuring transparency and accountability in government operations. The Act covers various state departments, agencies, boards, commissions, as well as county and municipal government entities. Additionally, private entities serving a public agency and nonprofit organizations receiving significant tax-funded support are included.
The definition of public records encompasses a wide range of materials, including written documents, maps, books, tapes, photographs, and electronic information. However, certain exemptions apply, such as personal details of government employees and protected information like trade secrets and attorney-client privileged records.
To navigate the process successfully, it is crucial to follow specific guidelines, including submitting written requests, citing the relevant Georgia Code, providing a clear description of the records sought, and requesting fee waivers if applicable.
Prompt agency responses and available recourse options, such as involving the Office of the Attorney General or filing a lawsuit in a local superior court, further ensure the public’s right to access information.
By adhering to these guidelines, digital media professionals can effectively exercise their statutory right to inspect public records in Georgia.
Statutory Right for Inspection
The pre-existing knowledge on accessing public records in Georgia highlights that Georgia residents have a statutory right to inspect public records under the Open Records Act, which extends to non-residents as well.
This right encompasses various government entities, including state departments, agencies, boards, bureaus, commissions, authorities, county and municipal government entities, and regional authorities.
Additionally, private entities performing a service for a public agency and nonprofit organizations receiving more than one-third of their funding from tax funds are also covered under the Act.
However, it is important to note that certain personal details of government employees are exempt from public records requests.
Furthermore, there are additional exemptions for trade secrets, certain research projects, testing materials, firearms licensing information, and attorney-client privileged information.
Entities Covered under the Act
Government departments, agencies, boards, bureaus, commissions, authorities, county and municipal government entities, and regional authorities are subject to the Open Records Act in Georgia. This means that these entities are required to provide access to public records upon request, unless the information falls under certain exemptions. Entities such as private organizations performing services for a public agency and nonprofit organizations receiving a significant portion of their funding from tax funds are also covered by the Act. It is important to note that certain information is exempt from public records requests, including personal details of government employees, trade secrets, certain research projects, testing materials, firearms licensing information, and attorney-client privileged information. If a request is denied, individuals have recourse options such as asking the Office of the Attorney General to prosecute the person who denied the request or filing a lawsuit in a local superior court.
| Entities Covered under the Open Records Act | |
|---|---|
| Government departments | County and municipal government entities |
| Agencies | Regional authorities |
| Boards | Private organizations performing services for a public agency |
| Bureaus | Nonprofit organizations receiving a significant portion of their funding from tax funds |
| Commissions |
Requesting Public Records
To obtain information from government entities and covered organizations in Georgia, individuals can submit a request for access to records under the Open Records Act.
The requesting process involves making a written request that includes a clear description of the records sought and citing the Georgia Code. It is important to request fee waivers or state the amount one is prepared to pay and to demand citation of specific statutory exemptions if the request is denied.
Agencies are required to grant or deny requests within three working days and provide a description of the documents and a timetable for inspection and copying if more time is needed. While routine requests should not be charged a search fee, agencies can charge a reasonable fee for unusual costs or burden.
If a request is denied, the denial should be put in writing, providing the legal basis for the denial. Recourse options include seeking prosecution by the Office of the Attorney General or filing a lawsuit in a local superior court.
