Frequently Asked Questions

An open records request allows the public to access government records under Georgia’s Open Records Act (O.C.G.A. 50-18-70). Some exceptions apply to protect certain sensitive information.

The Open Records Act applies to state and local government agencies, boards, commissions, and nonprofits receiving substantial public funding. It also applies to private organizations handling public functions. Private records unrelated to government operations are not included.

The Freedom of Information Act (FOIA) is a federal law that allows the public to request access to records from federal agencies. It promotes transparency by making government documents available unless they fall under specific exemptions, like national security or personal privacy. FOIA only applies to federal agencies, not state or local governments.

Georgia’s Sunshine Laws refer to the state’s legal framework for government transparency, covering both open records and open meetings. These laws ensure that citizens have access to public records and that government meetings are open for public observation. They aim to hold public officials accountable and keep government actions visible.

Open records requests are a specific part of Georgia’s Sunshine Laws. They allow the public to access documents and records from state and local agencies. While FOIA deals with federal records, Georgia’s open records process is tailored to state and local government transparency, ensuring access to documents like meeting minutes, maps, and photographs under the state’s jurisdiction.

The full text of Georgia’s Open Records Act is available online through the Georgia General Assembly’s website. For an accessible and ADA-compliant version of the law, see in O.C.G.A. § 50-18-70.

Public records include documents, letters, maps, photographs, books, tapes, and computer-generated files related to government operations. These can also include items held by private entities performing services for the government. Software and computer programs are not considered public records.

Government agencies are only required to provide records that already exist at the time of your request. They are not obligated to create new documents, summaries, or reports to fulfill your request. If the record you’re seeking doesn’t exist, the agency will let you know.

Some information is exempt from public access to protect privacy. This includes Social Security numbers, medical and financial details, birth dates, and home addresses or phone numbers of public employees, judges, and law enforcement officers. If records include both public and private information, the private details will be removed before release.

Redaction is when sensitive information is blacked out or removed from a document before it’s shared. Agencies can charge for the time it takes to redact documents, and they’ll give you an estimate if costs apply.

Agencies must respond within 3 business days. If they can’t provide the records immediately, they’ll give a timeline and explain any delays. If records don’t exist, the agency isn’t required to create them.

You can’t require agencies to create new documents or change the format of existing records. However, simple requests like printouts of electronic files can be accommodated if no special programming is needed.

The first 15 minutes of staff time and 20 pages of copies are free. After that, it’s $0.10 per page, and additional staff time is charged at the hourly rate of the lowest-paid qualified employee. For electronic records, you’ll pay for the cost of storage media like CDs or thumb drives.

If you agree to pay for records but don’t follow through, the agency may take legal action to recover the costs. Prepayment is only required for requests estimated to exceed $500 or for unpaid balances from previous requests.

Birth, death, and marriage certificates, as well as gun permits, are not considered public records. For these, contact Emanuel County Probate Court.