Georgia Public Record Law
The Georgia Open Records Act is documented in Section 50-18-70 of the Official Code of Georgia Annotated (O.C.G.A). According to this Act, all public records maintained by government agencies or by private entities or persons in the conduct of services or functions for or on behalf of public agencies are open for personal inspection and copying. The only exceptions are records that are specifically exempted from public disclosure under state law.
Where Do I Submit a Public Record Request in Georgia?
Most agencies in Georgia have an open records officer whose duty includes handling public record requests for their agencies. To avoid failure, some public offices saddle other individuals with the responsibility of responding to public record requests if the designated open records officer is not available.
Anyone who wishes to submit a public record request in Georgia should contact the open records officer of the state organization in the custody of such records. Each agency's contact information, including email, address, fax, and phone number, is listed on its website.
How Do I Request Public Records in Georgia?
Some public agencies in Georgia have open records request web forms through which interested parties may submit their public records requests. A typical offline open records request may be made by taking the following steps:
- Determine the nature of the records being sought and identify the relevant government organization in the custody of the records.
- Prepare the request as a written document or complete the state-provided open records request form.
- Submit the open record request through any of the agency's recommended means. This will largely be by mail, email, or in person. Depending on the nature of the record being sought, you may be required to pay certain fees and provide an identification card.
While government agencies are common sources of public records in Georgia, some third-party record sites provide an excellent alternative to obtaining public records in the state.
What Records are Public in Georgia?
Typically, all records received or created in the performance of duty and paid for by public money are considered public in Georgia, and they include the following:
- Vital Records - Georgia's vital records include birth records, marriage licenses, death records, and divorce records. While birth records are deemed public documents, birth certificates are not and may only be accessed by authorized individuals. Similarly, only eligible parties may obtain certified death copies of death records.
- Law Enforcement Records - These include records of arrest, accident reports, crime laboratory results, citations, jail documents, probation and parole records, driving histories, initial incident reports, and autopsy/coroner reports.
- Property Records - Public property records in Georgia include surveys, deeds, mortgages, loan records, building permits, tax records, liens, and deed indexes.
- Government Financial Records - These include the government's financial statements, revenue, expenditures, budgetary operating statements, procurement records, and contracts.
- Court Records - In Georgia, public court records include civil case files, criminal records, bankruptcy filings, and court judgments. These records are typically generated within the Georgia court system and kept by the Superior, State, Magistrate, Municipal, Probate, and Business Courts.
Who Can Request Public Records in Georgia?
Generally, any Georgia resident has a statutory right to copy or inspect public records in the state. In addition, organizations and corporations may request public records from relevant government agencies in Georgia. Non-residents may also be able to inspect or copy records maintained by public offices in the state.
What Is the Response Time for Public Records Requests in Georgia?
In compliance with the Georgia Open Records law, public agencies must make requested public records available for inspection or copying within a reasonable period not exceeding 3 working days of receiving such requests. In circumstances where some, but not all requested records are available, an agency must respond with the available ones within 3 business days.
In Georgia, where a public record is unavailable within 3 working days of receiving the request, and a responsive record exists, the agency must provide the requester with the record's description. In addition, a timeline for when it will be available must be communicated to the requester, and in such an instance, the agency must make the record available as soon as possible.
What Is the Fee Charged for Providing Copies of Public Records?
As stipulated in the Georgia Open Records Act, a public agency may impose any reasonable charge on requesters for search, retrieval, production, and redaction. In addition to these fees, requesters may be charged a fee for copying data or records, which may not exceed $0.1 per page for legal or letter-sized documents. In the case of other documents, an agency may charge the actual cost of producing copies of a public record.
What Records Are Exempted Under the Georgia Public Law?
Section 50-18-72 of the Official Code of Georgia Annotated lists records that are exempted from public disclosure in the state. These exemptions include the following:
- Records of law enforcement relating to any pending investigation or prosecution of criminal activity
- Medical or veterinary records
- Jury list information, including individuals' names, addresses, dates of birth, and social security numbers
- Records capable of identifying individuals applying for or being considered for employment
- Personal details of government employees
- Any record that reveals a person's financial and personally identifiable information