Open Records Laws › Georgia

Georgia

General Administrative Code of Georgia

General Administrative Code of Georgia, Chapter III (Freedom of Information), Law No. 2372 of 1999

RTI Rating: 93 (source)

Response Timeline

Initial Response
10 days
Residency Required
None

10 working days from receipt. Must provide immediately if possible. No formal extension mechanism.

How to Submit a Request

Accepted Methods

  • {'notes': 'Written application submitted to public institution', 'method': 'mail'}
  • {'notes': "Electronic submission via institution's electronic resources", 'method': 'email'}

Requests must be in writing (including electronic). No statement of purpose or reason required. Applicants may view originals or request copies. Fees limited to production costs only.

Required Elements

  • Written application (including electronic)

Optional Elements

  • Notarized consent (only when requesting another person's commercial secrets)

Fees

Article 38 prohibits charging any fees other than the cost of making copies. No search, retrieval, or processing fees allowed.

No waiver provisions needed as only copy costs may be charged.

Exemptions

  • State Secrets
    Information classified under state secrets legislation. Requires "reasonable presumption that disclosure will undermine" protected interests (Art. 28).
  • Criminal Investigation
    Information that would undermine criminal investigations including source identification and investigative secrecy (Art. 28).
  • Personal Data
    Personal information under data protection laws. May be disclosed for state/public security, health, or rights of others (Art. 27.1).
  • Commercial Secrets
    Business information with commercial value. Third-party consultation required; if status not recognized within 10 days, information becomes open (Art. 27.2).
  • Professional Secrets
    Personal data or commercial secrets learned through professional duties (Art. 27.3)

Very limited exceptions under Article 28: public information is open except when "expressly and inevitably" undermined by disclosure. State secrets and criminal investigation exemptions require harm test ("reasonable presumption"). Personal data exemptions include discretionary public interest balancing. No general public interest override for exempted information. Article 42 mandates disclosure of environmental risks and certain information that "may not be classified."

Appeal Process

1

1

No independent information commission -- appeals go directly to courts, causing significant delays. RTI Rating scores 14/30 on appeals: 0/2 for independent oversight, but 4/4 for appeal grounds and 2/2 for burden of proof on institutions.

Sources & References