VALDOSTA — The Open Records Act serves as a way to encourage public access to information and confidence in the government through openness to the public.

For law enforcement, the act applies to all records including documents, maps, photographs, papers, books, tapes, letters, computer records, data and e-mail.

Exemptions exist in terms of records pertaining to an ongoing investigation or prosecution when the records could disclose a confidential source/investigation or prosecution material that could harm another person, according to Georgia law. 

Each record held by law enforcement is broken down further into what has to be made public and what can be redacted, based on the need of an individual or media source, as outlined in “Georgia Law Enforcement and the Open Records Act.” 

Accident reports are subject to public disclosure once a “written statement of need” has been provided, typically in the case of those involved or witnessing the incident.

Arrest records, autopsy/coroner reports, case files, citations, crime lab reports, criminal histories, department policies and procedures, initial incident reports, internal affairs records, 911 materials, photographs and records from other law-enforcement agencies are all subject to the Georgia Open Records Act’s disclosure.

Homeland security records which would compromise security against sabotage, criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety or public property are exempted from disclosure in certain circumstances.

The records subject to exclusion include security plans and vulnerability assessments for any public utility, technology infrastructure, building, facility, function or activity; certain plans for protection against terrorist or other attacks; certain documents relating to the existence, nature, location or function of security devices designed to protect against terrorist or other attacks; certain blueprints and plans or contingencies that contemplate what will or might be done in response to events of sabotage, criminal or terrorist acts that might transpire, according to the Open Records Act. 

Victim assistance records are not subject to disclosure unless the information is disclosed in court. Child pornography records subpoenaed from a service provider as part of a prosecution or investigation are also exempt from disclosure.

As for law-enforcement personnel records, these are all generally subject to public disclosure, but it is permissible to redact Social Security number, day/month of birth, financial information, insurance/medical information, unlisted or cell phone, personal e-mail address, mother’s birth name, utility account information and passwords, according to Georgia law. 

Juvenile records are a bit more restricted. However, records can be disclosed to the public in cases where a juvenile age 13 or older has been transferred to the superior courts for the following crimes: murder, murder in the second degree, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery or armed robbery if committed with a firearm.

The law does not permit a witness or victim’s name to be redacted because of age.

Some law-enforcement agencies may require written requests be submitted for records, which can also eliminate dispute as to when the request was submitted.

Georgia Open Records Act states that if records exist, are available and are subject to public disclosure, they must be provided immediately. Those not falling into the listed categories must be released within a “reasonable amount of time” to determine whether the records are subject to access under law.

For records requested that do not currently exist, there is no obligation for a report to be made just to fulfill the request. When records are electronic, in lieu of providing separate printouts, an agency may simply provide access to records via a website accessible by the public.

For any fee to be charged for the acquiring of documents, the requester must be notified within a three-day period and prior to fulfilling the request.

According to the Open Records Act, law-enforcement records are subject to public inspection and copying unless specific exemptions exist, making it improper for law enforcement to restrict public access.

Desiree Carver is Lifestyles Editor at the Valdosta Daily Times. She can be reached at (229) 375-5777.