Government records belong to the public. That principle underlies Georgia’s Open Records Act, codified at O.C.G.A. ¬ß¬ß 50-18-70 through 50-18-77. The Act gives any person ‚Äî citizen, journalist, attorney, or business ‚Äî the right to inspect and copy records held by state and local government agencies, with no requirement to explain why. Understanding what qualifies as a public record, how to submit a request, and what happens when an agency refuses is essential for anyone who needs government information and is not getting it.
**What Records Are Covered**
Under O.C.G.A. ¬ß 50-18-70(b)(2), the Act covers all records “prepared and maintained or received” by a covered agency in the course of its operations. That definition is broad ‚Äî it reaches written documents, electronic files, emails, photographs, audio recordings, video footage, databases, and data fields, regardless of format or medium.
The Act applies to state agencies, local governments, authorities, and entities that perform a governmental function or are supported in whole or in part by public funds. The requester’s identity and reason for the request are irrelevant ‚Äî the right of access does not depend on who is asking or why.
**Exemptions**
O.C.G.A. ¬ß 50-18-72 lists numerous categories of records exempt from disclosure, and other exemptions appear throughout the Code. Common exemptions include pending law enforcement investigations, records subject to attorney-client privilege or work-product protection, certain medical and personnel records, trade secrets, and records whose disclosure would endanger individual safety. The Act directs that exemptions “shall be interpreted narrowly so as to exclude from disclosure only that portion of a public record to which an exclusion is directly applicable.” When a record contains both exempt and non-exempt material, the agency must produce the non-exempt portions and redact only what is protected. Agencies cannot deny access because they disagree with the requester’s apparent purpose.
**How to Submit a Request**
Georgia law does not require a specific form or format. A request may be submitted by email, letter, fax, or in person. A written request is always the better choice ‚Äî it creates a paper trail if a dispute arises. Direct the request to the agency’s records custodian or designated open records officer.
The request should describe the records sought with enough specificity that the agency can identify and locate them. An overly vague request can slow the response; an overly narrow request may miss relevant records. One practical note: no public officer or agency is required to prepare new reports, summaries, or compilations not in existence at the time of the request under O.C.G.A. § 50-18-71(j). The Act gives access to existing records, not to analysis or work product the agency has not already created.
**The Agency’s Obligations**
Under O.C.G.A. § 50-18-71(b), the agency must respond within three business days of receiving the request. The response must either provide the records, notify the requester when the records will be available, or deny the request with a specific legal basis.
If the agency denies all or part of the request, it must cite the specific Code section, subsection, and paragraph authorizing the withholding under § 50-18-71(d). A general claim of exemption is insufficient. Failure to provide the specific legal authority can constitute a waiver of the exemption and require production of the records. The three-business-day response window applies to the initial response — producing the actual records may take longer, particularly for large or complex requests.
The first 15 minutes of staff time required to locate and produce records is free. Beyond that, the agency may charge its actual cost of search, retrieval, and production, including staff time at the employee’s regular hourly rate. Agencies must notify the requester in advance if estimated fees will exceed $25.
**When an Agency Refuses**
A requester whose request is denied or ignored has two primary remedies.
First, a complaint to the Attorney General’s office. The Attorney General has authority to investigate Open Records Act complaints and, where appropriate, pursue civil enforcement.
Second, a civil action in superior court. Under O.C.G.A. ¬ß 50-18-73, any person denied access to public records may bring an action in superior court to enforce the Act. If the court finds the agency violated the Act, it shall assess a civil penalty of not less than $100 and not more than $1,000 for each violation against the agency or its officer in charge. The court shall also award the requester reasonable attorney’s fees and other litigation costs if the requester substantially prevails, unless the agency had a reasonable basis for withholding.
For requesters in active civil litigation against an agency, ¬ß 50-18-70(e) imposes an additional requirement: requests that are part of ongoing litigation must be made in writing and copied to the agency’s counsel of record. Courts have scrutinized attempts to use Open Records requests as a substitute for formal discovery in pending litigation.
**Practical Notes**
Submit every request in writing and retain proof of delivery. Calendar the three-business-day response deadline — an agency that does not respond within that window has violated the Act as a matter of law. When an agency cites an exemption, request the specific statutory citation and ask that all non-exempt portions be produced. The narrower the exemption is read, the more the requester receives.
Disclaimer
The information provided on this blog is for general informational purposes only and is
not intended to serve as legal advice. While I am a paralegal, I am not a licensed attorney, and the content shared here should not be construed as such.
No attorney-client relationship is formed through the use of this blog or by any communication with me. For specific legal advice tailored to your situation, please consult with a qualified attorney who is licensed to practice law in your jurisdiction. Laws change frequently and may vary by county or city; this blog reflects a general understanding of Georgia law as of the date of publication.
I strive to ensure that the information presented is accurate and up-to-date; however, I make no representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of any information contained on this blog. Any reliance you place on such information is strictly at your own risk.
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