Guidelines for Georgia Open Records Act Requests and Compliance
Compliance with the Georgia Open Records Act can be challenging for public agencies. A high volume of requests combined with the short turnaround time for a response often creates obstacles that overwhelm staff resources.
A growing list of digital communications channels — everything from text messages to emails to social media — adds another layer of complexity. Having a complete understanding of what is required under the Georgia Open Records Act helps agencies stay prepared and reduces the risk of non-compliance.
Key takeaways
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The Georgia Open Records Act allows individuals to petition government agencies for the release of records.
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Any type of documentation — physical or digital — prepared or maintained for government business is subject to the law.
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Agencies are required to send an initial response to requestors within 3 business days of receipt.
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Using automated recordkeeping technology helps streamline the response process and reduces the risk of costly litigation.
What is the Georgia Open Records Act?
The Georgia Open Records Act establishes that the public has a right to access, inspect, and copy government documents.
Under the O.C.G.A. §§ 50-18-70 et seq., the law defines covered communications as any document, email, text message, data, or recording that was prepared or maintained during government business.
How to file a Georgia Open Records Act request
Under the Act, individuals can file a request to seek specific government documents.
Who can submit records requests?
Any person, including those living outside of Georgia, has the right to make a request without needing to state a purpose.
Agencies may accept verbal inquiries. However, formal written requests — submitted via mail, email, online request portal (where available), or other methods accepted by the agency — are encouraged to ensure traceability.
Response timelines and obligations
Once someone submits a Georgia Open Records Act request, agencies are asked to respond within three business days. The clock starts once the record custodian receives the request.
An agency may respond in a few ways:
- Producing requested records
- Denying the request (citing a specific statutory exemption)
- Providing a written timeline and cost estimate if the records cannot be produced immediately
The Act requires a reasonable search for documents, but agencies are not required to answer general questions, generate new documents, or compile new reports. If costs for searching or redacting are expected to exceed $25, the agency is required to notify the requester with an estimate.
For government bodies required to comply with these requests, having streamlined, modern recordkeeping technology helps them respond to requests efficiently while remaining in compliance.
Electronic and digital records
The Georgia Open Records Act defines public records broadly, encompassing all digital content, computer-generated data, databases, emails, texts, and social media posts.
Digital-first environments invite new types of compliance risks. For example, SMS data is unstructured, making it harder to search and gather compared to other communications.
Tip
It’s easy to miss records or make an error in manual text message records management. Turning to technology solutions for government text message archiving reduces manual work by capturing and preserving communications across all channels.
What are the penalties for non-compliance?
Under the Georgia Open Records Act, non-compliance consequences include criminal fines and civil penalties. Enforcement of the law falls to the Georgia Superior Courts, where judges can compel record production, award attorney fees, and levy fines.
Criminal: A $1,000 fine is issued for misdemeanor violations (knowingly and willfully refusing access).
Civil: A $1,000 penalty is issued for the first offense and a $2,500 penalty is issued for any additional offenses within a 12-month period.
Employment: Employees may face disciplinary action or termination.
In addition to these penalties, government agencies may face further scrutiny and loss of public trust.
Challenges of managing Georgia open records compliance
Compliance with the Georgia Open Records Act can present many challenges.
- 3-day response deadline: Large or vague requests can be difficult to respond to, and searching across multiple departments adds time.
- Expanded scope: The Georgia Supreme Court ruled in Milliron v. Antonakakis that the Open Records Act applies to private companies and subcontractors in government functions.
- Increased digital communications: Text message and direct message platforms are often public records. Tracking and retrieving information from many disparate platforms is difficult without centralized technology.
- Exemptions and redactions: Manual reviews of documents, emails, or videos for redactions are time-intensive, and carry the risk of privacy breaches if handled incorrectly.
Each state has unique open records request laws. Explore how each state differs in this interactive FOIA laws map.
Georgia Open Records Act summary
The Georgia Open Records Act, governed by O.C.G.A. §§ 50-18-70 et seq., ensures transparency by granting the public the right to access, inspect, and copy documents prepared, maintained, or received in the course of conducting public business. The law applies broadly to state and local agencies, as well as private subcontractors performing government functions.
While agencies are asked to provide an initial response within three business days, they are not required to create new records or answer general inquiries.
| Regulatory Element | Details |
|---|---|
| Law Name | Georgia Open Records Act |
| Statute Citation | O.C.G.A. §§ 50-18-70 et seq. |
| Governing Body | Georgia Superior Courts |
| Response Deadline | 3 business days for initial response |
| Fee Structure | Staff searching time and media costs |
| Covered Entities | State and local agencies |
| Key Exemptions | Medical, law enforcement, privacy |
| Penalty Provisions | Legal fees and employment termination |
| Electronic Records | Included in the Act |
| Appeal Process | Court petition |
Agencies can better manage Georgia Open Records Act requests with a platform that streamlines workflows, automates actions, and centralizes information. Government bodies that combine effective recordkeeping technology and an understanding of the law are in the best position to reduce risk, meet deadlines, and maintain public trust.
Frequently asked questions
The Georgia Open Records Act defines public records broadly. Public records include documents, papers, books, maps, photographs, audio recordings, videos, emails, text messages, social media communications, databases, and other information created, received, or maintained in connection with public business. Both physical and electronic records may be subject to disclosure under the Act.
Certain records are exempt from disclosure under the Georgia Open Records Act. Common exemptions include active law enforcement investigation records, certain personnel records, medical records, attorney-client privileged communications, trade secrets, and records protected by state or federal confidentiality laws. Agencies must cite the applicable legal exemption when withholding records.
Any person may submit a Georgia Open Records Act request. Requesters do not need to be Georgia residents and generally are not required to provide a reason for requesting records. Requests may be submitted using the methods accepted by the agency, such as email, mail, or an online request portal.
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