2022 Georgia Code
Title 50 - State Government
Chapter 18 - State Printing and Documents
Article 4 - Inspection of Public Records
§ 50-18-70. Legislative Intent; Definitions

1. The General Assembly finds and declares that the strong public policy of this state is in favor of open government; that open government is essential to a free, open, and democratic society; and that public access to public records should be encouraged to foster confidence in government and so that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions. The General Assembly further finds and declares that there is a strong presumption that public records should be made available for public inspection without delay. This article shall be broadly construed to allow the inspection of governmental records. The exceptions set forth in this article, together with any other exception located elsewhere in the Code, shall be interpreted narrowly to exclude only those portions of records addressed by such exception.
2. As used in this article, the term:
   1. “Agency” shall have the same meaning as in Code Section 50-14-1 and shall additionally include any association, corporation, or other similar organization that has a membership or ownership body composed primarily of counties, municipal corporations, or school districts of this state, their officers, or any combination thereof and derives more than 33 1/3 percent of its general operating budget from payments from such political subdivisions.
   2. “Public record” means all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, data, data fields, or similar material prepared and maintained or received by an agency or by a private person or entity in the performance of a service or function for or on behalf of an agency or when such documents have been transferred to a private person or entity by an agency for storage or future governmental use.

History. Ga. L. 1959, p. 88, § 1; Code 1981, § 50-18-70 ; Ga. L. 1982, p. 1789, § 1; Ga. L. 1988, p. 243, § 1; Ga. L. 1992, p. 1061, § 5; Ga. L. 1992, p. 1545, § 1; Ga. L. 1992, p. 2829, § 2; Ga. L. 1993, p. 1394, § 2; Ga. L. 1993, p. 1436, §§ 1, 2; Ga. L. 1994, p. 618, § 1; Ga. L. 1998, p. 128, § 50; Ga. L. 1999, p. 552, §§ 1, 2; Ga. L. 2012, p. 173, § 1-38/HB 665; Ga. L. 2012, p. 218, § 2/HB 397.

Cross references.

Right of shareholders to inspect books and records of corporations, § 14-2-1602 .

Confidentiality of records relating to adoption proceedings, § 19-8-18 .

Opening of primary and election records of Secretary of State for inspection by public, § 21-2-51 .

Opening of primary and election records of election superintendents for inspection by public, § 21-2-72 .

Disclosure and publication of vital records, § 31-10-25.

Inspection of motor vehicle records, § 40-3-24 .

Confidentiality of reports, files, and other documents, relating to probation, § 42-8-40 .

Confidentiality of records of State Board of Pardons and Paroles, § 42-9-53 .

Limited disclosure of autopsy photographs, § 45-16-27.

Confidentiality of income tax information, §§ 48-7-60 , 48-7-61 .

Code Commission notes.

Ga. L. 1992, p. 1061, § 5, added new subsections (d) and (e). Ga. L. 1992, p. 1545, § 1, added new subsection (c) and redesignated former subsection (c) as subsection (d). Ga. L. 1992, p. 2829, § 2, added a new subsection (d). Pursuant to Code Section 28-9-5, in 1992, former subsection (c) was redesignated as subsection (f), and the new subsection added by Ga. L. 1992, p. 2829, § 2, was redesignated as subsection (g).

Pursuant to Code Section 28-9-3 , in 2012, the amendment of this Code section by Ga. L. 2012, p. 173, § 1-38/HB 665, was treated as impliedly repealed and superseded by Ga. L. 2012, p. 218, § 2/HB 397, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).

Law reviews.

For article discussing the right of access to public records of local government, see 13 Ga. L. Rev. 97 (1978).

For article, “Informational Privacy Under the Open Records Act,” see 32 Mercer L. Rev. 393 (1980).

For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986).

For annual survey of state and local taxation, see 38 Mercer L. Rev. 337 (1986).

For annual survey on local government law, see 42 Mercer L. Rev. 359 (1990).

For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 344 (1992).

For annual survey of local government law, see 44 Mercer L. Rev. 309 (1992).

For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 265 (1994).

For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 262 (1999).

For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 268 (1999).

For survey article on administrative law for the period from June 1, 1997 through May 31, 1999, see 51 Mercer L. Rev. 103 (1999).

For annual survey article discussing developments in education law, see 52 Mercer L. Rev. 221 (2000).

For article, “General Overview of Procurement Process,” see 10 Ga. St. B. J. 12 (2005).

For annual survey of administrative law, see 57 Mercer L. Rev. 1 (2005).

For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005).

For annual survey of criminal law, see 58 Mercer L. Rev. 83 (2006).

For annual survey of zoning and land use law, see 58 Mercer L. Rev. 477 (2006).

For survey article on local government law, see 59 Mercer L. Rev. 285 (2007).

For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007).

For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).

For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 139 (2012).

For annual survey on administrative law, see 64 Mercer L. Rev. 39 (2012).

For annual survey on trial practice and procedure, see 64 Mercer L. Rev. 305 (2012).

For article, “Prison Accountability and Performance Measures,” see 63 Emory L. J. 339 (2013).

For annual survey on local government law, see 68 Mercer L. Rev. 199 (2016).

For annual survey on local government law, see 70 Mercer L. Rev. 177 (2018).