50-18-70 G
*** CODE SECTION *** 08/27/01
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.