50-18-70 G *** CODE SECTION ***  01/23/01

50-18-70.

(a) As used in this article, the term "public record" shall mean
all documents, papers, letters, maps, books, tapes, photographs,
computer based or generated information, or similar material
prepared and maintained or received in the course of the
operation of a public office or agency.  "Public record" shall
also mean such items received or maintained by a private person
or entity on behalf of a public office or agency which are not
otherwise subject to protection from disclosure; provided,
however, this Code section shall be construed to disallow an
agency's placing or causing such items to be placed in the hands
of a private person or entity for the purpose of avoiding
disclosure.  Records received or maintained by a private person,
firm, corporation, or other private entity in the performance of
a service or function for or on behalf of an agency, a public
agency, or a public office shall be subject to disclosure to the
same extent that such records would be subject to disclosure if
received or maintained by such agency, public agency, or public
office.  As used in this article, the term "agency" or "public
agency" or "public office" shall have the same meaning and
application as provided for in the definition of the term
"agency" in paragraph (1) of subsection (a) of Code Section
50-14-1 and shall additionally include any association,
corporation, or other similar organization which: (1) has a
membership or ownership body composed primarily of counties,
municipal corporations, or school districts of this state or
their officers or any combination thereof; and (2) derives a
substantial portion of its general operating budget from payments
from such political subdivisions.

(b) All public records of an agency as defined in subsection (a)
of this Code section, except those which by order of a court of
this state or by law are prohibited or specifically exempted from
being open to inspection by the general public, shall be open for
a personal inspection by any citizen of this state at a
reasonable time and place; and those in charge of such records
shall not refuse this privilege to any citizen.

(c) Any computerized index of a county real estate deed records
shall be printed for purposes of public inspection no less than
every 30 days and any correction made on such index shall be made
a part of the printout and shall reflect the time and date that
said index was corrected.

(d) No public officer or agency shall be required to prepare
reports, summaries, or compilations not in existence at the time
of the request.

(e) In a pending proceeding under Chapter 13 of this title, the
"Georgia Administrative Procedure Act," or under any other
administrative proceeding authorized under Georgia law, a party
may not access public records pertaining to the subject of the
proceeding pursuant to this article without the prior approval of
the presiding administrative law judge, who shall consider such
open record request in the same manner as any other request for
information put forth by a party in such a proceeding.  This
subsection shall not apply to any proceeding under Chapter 13 of
this title, relating to the revocation, suspension, annulment,
withdrawal, or denial of a professional education certificate, as
defined in Code Section 20-2-200, or any personnel proceeding
authorized under Part 7 and Part 11 of Article 17 and Article 25
of Chapter 2 of Title 20.

(f) The individual in control of such public record or records
shall have a reasonable amount of time to determine whether or
not the record or records requested are subject to access under
this article and to permit inspection and copying.  In no event
shall this time exceed three business days.  Where responsive
records exist but are not available within three business days of
the request, a written description of such records, together with
a timetable for their inspection and copying, shall be provided
within that period; provided, however, that records not subject
to inspection under this article need not be made available for
inspection and copying or described other than as required by
subsection (h) of Code Section 50-18-72, and no records need be
made available for inspection or copying if the public officer or
agency in control of such records shall have obtained, within
that period of three business days, an order based on an
exception in this article of a superior court of this state
staying or refusing the requested access to such records.

(g) At the request of the person, firm, corporation, or other
entity requesting such records, records maintained by computer
shall be made available where practicable by electronic means,
including Internet access, subject to reasonable security
restrictions preventing access to nonrequested or nonavailable
records.



50-18-71 G *** CODE SECTION ***  01/23/01

50-18-71.

(a) In all cases where an interested member of the public has a
right to inspect or take extracts or make copies from any public
records, instruments, or documents, any such person shall have
the right of access to the records, documents, or instruments for
the purpose of making photographs or reproductions of the same
while in the possession, custody, and control of the lawful
custodian thereof, or his authorized deputy. Such work shall be
done under the supervision of the lawful custodian of the
records, who shall have the right to adopt and enforce reasonable
rules governing the work. The work shall be done in the room
where the records, documents, or instruments are kept by law.
While the work is in progress, the custodian may charge the
person making the photographs or reproductions of the records,
documents, or instruments at a rate of compensation to be agreed
upon by the person making the photographs and the custodian for
his services or the services of a deputy in supervising the work.

(b) Where fees for certified copies or other copies or records
are specifically authorized or otherwise prescribed by law, such
specific fee shall apply.

(c) Where no fee is otherwise provided by law, the agency may
charge and collect a uniform copying fee not to exceed 25¢ per
page.

(d) In addition, a reasonable charge may be collected for search,
retrieval, and other direct administrative costs for complying
with a request under this Code section.  The hourly charge shall
not exceed the salary of the lowest paid full-time employee who,
in the discretion of the custodian of the records, has the
necessary skill and training to perform the request; provided,
however, that no charge shall be made for the first quarter hour.

(e) An agency shall utilize the most economical means available
for providing copies of public records.

(f) Where information requested is maintained by computer, an
agency may charge the public its actual cost of a computer disk
or tape onto which the information is transferred and may charge
for the administrative time involved as set forth in subsection
(d) of this Code section.

(g) Whenever any person has requested one or more copies of a
public record and such person does not pay the copying charges
and charges for search, retrieval, or other direct administrative
costs in accordance with the provisions of this Code section:

(1) A county or a department, agency, board, bureau, commission,
authority, or similar body of a county is authorized to collect
such charges in any manner authorized by law for the collection
of taxes, fees, or assessments owed to the county;

(2) A municipal corporation or a department, agency, board,
bureau, commission, authority, or similar body of a municipal
corporation is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or
assessments owed to the municipal corporation;

(3) A consolidated government or a department, agency, board,
bureau, commission, authority, or similar body of a consolidated
government is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or
assessments owed to the consolidated government;

(4) A county school board or a department, agency, board, bureau,
commission, authority, or similar body of a county school board
is authorized to collect such charges in any manner authorized by
law for the collection of taxes, fees, or assessments owed to the
county;

(5) An independent school board or a department, agency, board,
bureau, commission, authority, or similar body of an independent
school board is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or
assessments owed to the municipal corporation; and

(6) A joint or regional authority or instrumentality which serves
one or more counties and one or more municipal corporations, two
or more counties, or two or more municipal corporations is
authorized to collect such charges in any manner authorized by
law for the collection of taxes, fees, or assessments owed to the
county if a county is involved with the authority or
instrumentality or in any manner authorized by law for the
collection of taxes, fees, or assessments owed to the municipal
corporation if a municipal corporation is involved with the
authority or instrumentality.

This subsection shall apply whether or not the person requesting
the copies has appeared to receive the copies.



50-18-71.1 G *** CODE SECTION ***  01/23/01

50-18-71.1.

(a) Notwithstanding any other provision of this article, an
exhibit tendered to the court as evidence in a criminal or civil
trial shall not be open to public inspection without approval of
the judge assigned to the case or, if no judge has been assigned,
approval of the chief judge or, if no judge has been designated
chief judge, approval of the judge most senior in length of
service on the court.

(b) In the event inspection is not approved by the court, in lieu
of inspection of such an exhibit, the custodian of such an
exhibit shall, upon request, provide one or more of the following
representations of the exhibit:

(1) A photograph;

(2) A photocopy;

(3) A facsimile; or

(4) Another reproduction.

(c) The provisions of subsections (b), (c), (d), and (e) of Code
Section 50-18-71 shall apply to fees, costs, and charges for
providing a photocopy of such an exhibit.  Fees for providing a
photograph, facsimile, or other reproduction of such an exhibit
shall not exceed the cost of materials or supplies and a
reasonable charge for time spent producing the photograph,
facsimile, or other reproduction, in accordance with subsections
(d) and (e) of Code Section 50-18-71.



50-18-71.2 G *** CODE SECTION ***  01/23/01

50-18-71.2.

Any agency receiving a request for public records shall be
required to notify the party making the request of the estimated
cost of the copying, search, retrieval, and other administrative
fees authorized by Code Section 50-18-71 as a condition of
compliance with the provisions of this article prior to
fulfilling the request as a condition for the assessment of any
fee; provided, however, that no new fees other than those
directly attributable to providing access shall be assessed where
records are made available by electronic means.



50-18-72 G *** CODE SECTION ***  01/23/01

50-18-72.

(a) Public disclosure shall not be required for records that are:

(1) Specifically required by the federal government to be kept
confidential;

(2) Medical or veterinary records and similar files, the
disclosure of which would be an invasion of personal privacy;

(3) Except as otherwise provided by law, records compiled for law
enforcement or prosecution purposes to the extent that production
of such records would disclose the identity of a confidential
source, disclose confidential investigative or prosecution
material which would endanger the life or physical safety of any
person or persons, or disclose the existence of a confidential
surveillance or investigation;

(4) Records of law enforcement, prosecution, or regulatory
agencies in any pending investigation or prosecution of criminal
or unlawful activity, other than initial police arrest reports
and initial incident reports; provided, however, that an
investigation or prosecution shall no longer be deemed to be
pending when all direct litigation involving said investigation
and prosecution has become final or otherwise terminated;

(4.1) Individual Georgia Uniform Motor Vehicle Accident Reports,
except upon the submission of a written statement of need by the
requesting party, such statement to be provided to the custodian
of records and to set forth the need for the report pursuant to
this Code section; provided, however, that any person or entity
whose name or identifying information is contained in a Georgia
Uniform Motor Vehicle Accident Report shall be entitled, either
personally or through a lawyer or other representative, to
receive a copy of such report; and provided, further, that
Georgia Uniform Motor Vehicle Accident Reports shall not be
available in bulk for inspection or copying by any person absent
a written statement showing the need for each such report
pursuant to the requirements of this Code section.  For the
purposes of this subsection, the term "need" means that the
natural person or legal entity who is requesting in person or by
representative to inspect or copy the Georgia Uniform Motor
Vehicle Accident Report:

(A) Has a personal, professional, or business connection with a
party to the accident;

(B) Owns or leases an interest in property allegedly or actually
damaged in the accident;

(C) Was allegedly or actually injured by the accident;

(D) Was a witness to the accident;

(E) Is the actual or alleged insurer of a party to the accident
or of property actually or allegedly damaged by the accident;

(F) Is a prosecutor or a publicly employed law enforcement
officer;

(G) Is alleged to be liable to another party as a result of the
accident;

(H) Is an attorney stating that he or she needs the requested
reports as part of a criminal case, or an investigation of a
potential claim involving contentions that a roadway, railroad
crossing, or intersection is unsafe;

(I) Is gathering information as a representative of a news media
organization; or

(J) Is conducting research in the public interest for such
purposes as accident prevention, prevention of injuries or
damages in accidents, determination of fault in an accident or
accidents, or other similar purposes; provided, however, this
subparagraph will apply only to accident reports on accidents
that occurred more than 30 days prior to the request and which
shall have the name, street address, telephone number and
driver's license number redacted;

(5) Records that consist of confidential evaluations submitted
to, or examinations prepared by, a governmental agency and
prepared in connection with the appointment or hiring of a public
officer or employee; and records consisting of material obtained
in investigations related to the suspension, firing, or
investigation of complaints against public officers or employees
until ten days after the same has been presented to the agency or
an officer for action or the investigation is otherwise concluded
or terminated, provided that this paragraph shall not be
interpreted to make such investigatory records privileged;

(6) Real estate appraisals, engineering or feasibility estimates,
or other records made for or by the state or a local agency
relative to the acquisition of real property until such time as
the property has been acquired or the proposed transaction has
been terminated or abandoned and engineers' cost estimates and
rejected or deferred bid proposals until such time as the final
award is made, either received or prepared by the Department of
Transportation pursuant to Article 4 of Chapter 2 of Title 32, by
a county pursuant to Article 3 of Chapter 4 of Title 32, or by a
municipality pursuant to Article 4 of Chapter 4 of Title 32;

(7) Notwithstanding any other provision of this article, an
agency shall not be required to release those portions of records
which would identify persons applying for or under consideration
for employment or appointment as executive head of an agency as
that term is defined in paragraph (1) of subsection (a) of Code
Section 50-14-1, or of a unit of the University System of
Georgia; provided, however, that at least 14 calendar days prior
to the meeting at which final action or vote is to be taken on
the position, the agency shall release all documents which came
into its possession with respect to as many as three persons
under consideration whom the agency has determined to be the best
qualified for the position and from among whom the agency intends
to fill the position.  Prior to the release of these documents,
an agency may allow such a person to decline being considered
further for the position rather than have documents pertaining to
the person released.  In that event, the agency shall release the
documents of the next most qualified person under consideration
who does not decline the position.  If an agency has conducted
its hiring or appointment process open to the public, it shall
not be required to delay 14 days to take final action on the
position. The agency shall not be required to release such
records with respect to other applicants or persons under
consideration, except at the request of any such person.  Upon
request, the hiring agency shall furnish the number of applicants
and the composition of the list by such factors as race and sex. 
Provided, further, the agency shall not be allowed to avoid the
provisions of this paragraph by the employment of a private
person or agency to assist with the search or application
process;

(8) Related to the provision of staff services to individual
members of the General Assembly by the Legislative and
Congressional Reapportionment Office, the Senate Research Office,
or the House Research Office, provided that this exception shall
not have any application with respect to records related to the
provision of staff services to any committee or subcommittee or
to any records which are or have been previously publicly
disclosed by or pursuant to the direction of an individual member
of the General Assembly;

(9) Records that are of historical research value which are given
or sold to public archival institutions, public libraries, or
libraries of a unit of the Board of Regents of the University
System of Georgia when the owner or donor of such records wishes
to place restrictions on access to the records.  No restriction
on access, however, may extend more than 75 years from the date
of donation or sale. This exemption shall not apply to any
records prepared in the course of the operation of state or local
governments of the State of Georgia;

(10) Records that contain information from the Department of
Natural Resources inventory and register relating to the location
and character of a historic property or of historic properties as
those terms are defined in Code Sections 12-3-50.1 and 12-3-50.2
if the Department of Natural Resources through its Division of
Historic Preservation determines that disclosure will create a
substantial risk of harm, theft, or destruction to the property
or properties or the area or place where the property or
properties are located;

(11) Records that contain site specific information regarding the
occurrence of rare species of plants or animals or the location
of sensitive natural habitats on public or private property if
the Department of Natural Resources determines that disclosure
will create a substantial risk of harm, theft, or destruction to
the species or habitats or the area or place where the species or
habitats are located; provided, however, that the owner or owners
of private property upon which rare species of plants or animals
occur or upon which sensitive natural habitats are located shall
be entitled to such information pursuant to this article;

(11.1) An individual's social security number and insurance or
medical information in personnel records,  which may be redacted
from such records;

(11.2) Records that would reveal the names, home addresses,
telephone numbers, security codes, or any other data or
information developed, collected, or received by counties or
municipalities in connection with the installation, servicing,
maintaining, operating, selling, or leasing of burglar alarm
systems, fire alarm systems, or other electronic security
systems; provided, however, that initial police reports and
initial incident reports shall remain subject to disclosure
pursuant to paragraph (4) of this subsection;

(12) Public records containing information that would disclose or
might lead to the disclosure of any component in the process used
to execute or adopt an electronic signature, if such disclosure
would or might cause the electronic signature to cease being
under the sole control of the person using it.  For purposes of
this paragraph, the term "electronic signature" has the same
meaning as that term is defined in Code Section 10-12-3; or

(13) Records that would reveal the home address or telephone
number, social security number, or insurance or medical
information of law enforcement officers, judges, scientists
employed by the Division of Forensic Sciences of the Georgia
Bureau of Investigation, correctional employees, and prosecutors
or identification of immediate family members or dependents
thereof.

(b) This article shall not be applicable to:

(1) Any trade secrets obtained from a person or business entity
which are of a privileged or confidential nature and required by
law to be submitted to a government agency or to data, records,
or information of a proprietary nature, produced or collected by
or for faculty or staff of state institutions of higher learning,
or other governmental agencies, in the conduct of or as a result
of, study or research on commercial, scientific, technical, or
scholarly issues, whether sponsored by the institution alone or
in conjunction with a governmental body or private concern, where
such data, records, or information has not been publicly
released, published, copyrighted, or patented;

(2) Any data, records, or information developed, collected, or
received by or on behalf of faculty, staff, employees, or
students of an institution of higher education or any public or
private entity supporting or participating in the activities of
an institution of higher education in the conduct of, or as a
result of, study or research on medical, scientific, technical,
scholarly, or artistic issues, whether sponsored by the
institution alone or in conjunction with a governmental body or
private entity until such information is published, patented,
otherwise publicly disseminated, or released to an agency
whereupon the request must be made to the agency.  This
subsection applies to, but is not limited to, information
provided by participants in research, research notes and data,
discoveries, research projects, methodologies, protocols, and
creative works; or

(3) Unless otherwise provided by law, contract, bid, proposal,
records consisting of questions, scoring keys, and other
materials, constituting a test that derives value from being
unknown to the test taker prior to administration, which is to be
administered by the State Board of Education, the Office of
Education Accountability, or a local school system, if reasonable
measures are taken by the owner of the test to protect security
and confidentiality; provided, however, that the State Board of
Education may establish procedures whereby a person may view, but
not copy, such records if viewing will not, in the judgment of
the board, affect the result of administration of such test.

These limitations shall not be interpreted by any court of law to
include or otherwise exempt from inspection the records of any
athletic association or other nonprofit entity promoting
intercollegiate athletics.

(c)(1) All public records of hospital authorities shall be
subject to this article except for those otherwise excepted by
this article or any other provision of law.

(2) All state officers and employees shall have a privilege to
refuse to disclose the identity or personally identifiable
information of any person participating in research on
commercial, scientific, technical, medical, scholarly, or
artistic issues conducted by the Department of Human Resources or
a state institution of higher education whether sponsored by the
institution alone or in conjunction with a governmental body or
private entity.  Personally identifiable information shall mean
any information which if disclosed might reasonably reveal the
identity of such person including but not limited to the person's
name, address, and social security number.  The identity of such
informant shall not be admissible in evidence in any court of the
state unless the court finds that the identity of the informant
already has been disclosed otherwise.

(d) This article shall not be applicable to any application
submitted to or any permanent records maintained by a judge of
the probate court pursuant to Code Section 16-11-129, relating to
licenses to carry pistols or revolvers, or pursuant to any other
requirement for maintaining records relative to the possession of
firearms.  This subsection shall not preclude law enforcement
agencies from obtaining records relating to licensing and
possession of firearms as provided by law.

(e) This article shall not be construed to repeal:

(1) The attorney-client privilege recognized by state law to the
extent that a record pertains to the requesting or giving of
legal advice or the disclosure of facts concerning or pertaining
to pending or potential litigation, settlement, claims,
administrative proceedings, or other judicial actions brought or
to be brought by or against the agency or any officer or
employee; provided, however, attorney-client information may be
obtained in a proceeding under Code Section 50-18-73 to prove
justification or lack thereof in refusing disclosure of documents
under this Code section provided the judge of the court in which
said proceeding is pending shall first determine by an in camera
examination that such disclosure would be relevant on that issue;

(2) The confidentiality of attorney work product; or

(3) State laws making certain tax matters confidential.

(f)(1) As used in this article, the term:

(A) "Computer program" means a set of instructions, statements,
or related data that, in actual or modified form, is capable of
causing a computer or computer system to perform specified
functions.

(B) "Computer software" means one or more computer programs,
existing in any form, or any associated operational procedures,
manuals, or other documentation.

(2) This article shall not be applicable to any computer program
or computer software used or maintained in the course of
operation of a public office or agency.

(g) This Code section shall be interpreted narrowly so as to
exclude from disclosure only that portion of a public record to
which an exclusion is directly applicable.  It shall be the duty
of the agency having custody of a record to provide all other
portions of a record for public inspection or copying.

(h) Within the three business days applicable to response to a
request for access to records under this article, the public
officer or agency having control of such record or records, if
access to such record or records is denied in whole or in part,
shall specify in writing the specific legal authority exempting
such record or records from disclosure, by Code section,
subsection, and paragraph. No addition to or amendment of such
designation shall be permitted thereafter or in any proceeding to
enforce the terms of this article; provided, however, that such
designation may be amended or supplemented one time within five
days of discovery of an error in such designation or within five
days of the institution of an action to enforce this article,
whichever is sooner; provided, further, that the right to amend
or supplement based upon discovery of an error may be exercised
on only one occasion.  In the event that such designation
includes provisions not relevant to the subject matter of the
request, costs and reasonable attorney's fees may be awarded
pursuant to Code Section 50-18-73.



50-18-73 G *** CODE SECTION ***  01/23/01

50-18-73.

(a) The superior courts of this state shall have jurisdiction in
law and in equity to entertain actions against persons or
agencies having custody of records open to the public under this
article to enforce compliance with the provisions of this
article.  Such actions may be brought by any person, firm,
corporation, or other entity.  In addition, the Attorney General
shall have authority to bring such actions, either civil or
criminal, in his or her discretion as may be appropriate to
enforce compliance with this article.

(b) In any action brought to enforce the provisions of this
chapter in which the court determines that either party acted
without substantial justification either in not complying with
this chapter or in instituting the litigation, the court shall,
unless it finds that special circumstances exist, assess in favor
of the complaining party reasonable attorney's fees and other
litigation costs reasonably incurred.  Whether the position of
the complaining party was substantially justified shall be
determined on the basis of the record as a whole which is made in
the proceeding for which fees and other expenses are sought.

(c) Any agency or person who provides access to information in
good faith reliance on the requirements of this chapter shall not
be liable in any action on account of having provided access to
such information.



50-18-74 G *** CODE SECTION ***  01/23/01

50-18-74.

(a) Any person knowingly and willfully violating the provisions
of this article by failing or refusing to provide access to
records not subject to exemption from this article or by failing
or refusing to provide access to such records within the time
limits set forth in this article shall be guilty of a misdemeanor
and upon conviction shall be punished by a fine not to exceed
$100.00.

(b) A prosecution under this Code section may only be commenced
by issuance of a citation in the same manner as an arrest warrant
for a peace officer pursuant to Code Section 17-4-40, which
citation shall be personally served upon the accused.  The
defendant shall not be arrested prior to the time of trial,
except that a defendant who fails to appear for arraignment or
trial may thereafter be arrested pursuant to a bench warrant and
required to post a bond for his or her future appearance.



50-18-75 G *** CODE SECTION ***  01/23/01

50-18-75.

Communications between the Office of Legislative Counsel and the
following persons shall be privileged and confidential: members
of the General Assembly, the Lieutenant Governor, and persons
acting on behalf of such public officers; and such
communications, and records and work product relating to such
communications, shall not be subject to inspection or disclosure
under this article or any other law or under judicial process;
provided, however, that this privilege shall not apply where it
is waived by the affected public officer or officers.  The
privilege established under this Code section is in addition to
any other constitutional, statutory, or common law privilege.



50-18-76 G *** CODE SECTION ***  01/23/01

50-18-76.

No form, document, or other written matter which is required by
law or rule or regulation to be filed as a vital record under the
provisions of Chapter 10 of Title 31, which contains information
which is exempt from disclosure under Code Section 31-10-25, and
which is temporarily kept or maintained in any file or with any
other documents in the office of the judge or clerk of any court
prior to filing with the Department of Human Resources shall be
open to inspection by the general public, even though the other
papers or documents in such file may be open to inspection.



50-18-77 G *** CODE SECTION ***  01/23/01

50-18-77.

The procedures and fees provided for in this article shall not
apply to public records, including records that are exempt from
disclosure pursuant to Code Section 50-18-72, which are requested
in writing by a state or federal grand jury, taxing authority,
law enforcement agency, or prosecuting attorney in conjunction
with an ongoing administrative, criminal, or tax investigation.
The lawful custodian shall provide copies of such records to the
requesting agency unless such records are privileged or
disclosure to such agencies is specifically restricted by law.