Alabama FOIA procedures

Alabama FOIA procedures
FOIA laws in Alabama
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
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Each state has laws governing public access to governmental records. These laws are sometimes known as open records laws, public records laws, or FOIA laws after the federal Freedom of Information Act. These FOIA laws define the procedures that people can use to obtain access to these records.

This article describes FOIA procedures in Alabama as of May 2025. On this page you will find:

• How to request public records
• Who may request public records
• Fees associated with public records requests
• Required response times for requests
• Exemptions to public records requests

How to request public records in Alabama

Alabama law does not stipulate a particular method for submitting public information requests. Requests for public records of public agencies must be made directly to the agency in question. For example, an individual requesting public records from the Alabama Secretary of State must submit that request to the secretary of state's office.

Executive Order 734 of 2023 directed all state executive agencies to establish a public-records webpage as well as designate a public-records coordinator responsible for coordinating agency responses to requests. The order also established a form that would be optional for standard requests but required for time-intensive requests (defined as any request "the agency determines would take more than eight hours of staff time to process").

Purpose and use

The Alabama Open Records Act does not require a purpose to be stated in order to request records and does not limit the use of records to specific actions. However, in 1941, the Alabama Supreme Court ruled the following in Holcombe v. State ex rel. Chandler :

“

At the risk of repetition and to avoid uncertainty, we conclude by saying this court holds: (1) that the public generally have the right of a reasonable and free examination of public records required by law to be kept by public officials, except in instances where the purpose is purely speculative or from idle curiosity, or such as to unduly interfere or hinder the discharge of the duties of such officer.

”

In its 1991 decision in Blankenship v. City of Hoover, the Alabama Supreme Court affirmed that departments may inquire about the reason for a public records request.

Who may request public records?

See also: List of who can make public record requests by state

Alabama law states that any citizen may request public documents. According to Alabama Code Section 36-12-40, "Every resident has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute."

Alabama is among seven states that require individuals requesting public records to be state residents.

Fees

See also: How much do public records cost?

A fee may be charged to cover the cost of responding to a public records request. According to a 1998 Alabama Attorney General opinion:

“

If possible, a public agency should provide free copies of public records. However, if budgetary constraints prevent this, then a public agency may charge a nominal fee, if necessary, to cover its costs in providing copies of public records. One may inspect public records without paying a fee unless a substantial amount of an employee's time is required.

”

Executive Order 734 of 2023 established different fee requirements for standard requests and for time-intensive requests within the executive branch. For standard requests, the order said an agency "may, but need not, require the requester to pay a reasonable fee before providing a substantive response to the requester," and that if an agency "elects to charge a fee, it shall notify the requester of the fee and withhold the record until receipt of payment." For time-intensive requests, the order said an agency "shall require the requester to pay a reasonable fee before providing a substantive response to the requester" and "shall notify the requester in advance of any likely fees and shall withhold any substantive response until receipt of payment."

The order defined reasonable fees as follows:

“

Document retrieval and preparation. The agency may charge the requester up to $20.00 per hour, including a standard, minimum fee of $20.00, for time spent locating, retrieving, and preparing records for production. The agency may not charge for legal review or redaction necessary to withhold legally protected information. Per-page fees. The agency may charge a per-page fee of up to $.50 for copies produced on standard 8.5x11 paper. The agency may not charge a per-page fee for documents provided electronically. Actual costs. Notwithstanding the foregoing, the agency may charge any actual costs incurred while processing or responding to a public-records request—for example, for a flash drive or other hardware necessary for electronically producing records, for special paper sizes, and for costs associated with searching electronic databases—if the requester is informed of the cost in advance of being charged.

”

Response time

See also: Request response times by state

Alabama law does not stipulate a specific time frame within which a public entity must respond to an open records request. The law states: "Every public officer having custody of a public record that a resident has a right to inspect shall provide him or her, on proper request as provided in this article, with a copy of the public record, on payment of a reasonable fee, as further provided in this article."

Alabama Code Section 36-12-44 outlined response times for executive agencies responding to record requests. For standard requests:

“

The public officer shall acknowledge a proper request within 10 business days of receiving the request. The public officer shall provide a substantive response fulfilling or denying a proper request within 15 business days of acknowledging receipt. Although the public officer may extend this period in 15-business-day increments upon written notice to the requester, the public officer should process a standard request as expeditiously as possible considering the requester’s time constraints, the public officer’s workload, and the nature of the request.

”

For time-intensive requests:

“

The public officer shall notify the requester within 15 business days after acknowledging receipt that the request qualifies as a time-intensive request. At that time, the public officer shall notify the requester of any likely fees and allow the requester to withdraw the time-intensive request and submit a new request that is not a time-intensive request. If the requester elects to proceed with a time-intensive request, the public officer shall provide a substantive response fulfilling or denying the request within 45 business days after the requester elected to proceed with his or her time-intensive request. The public officer may extend this period in 45-business-day increments by notifying the requester in writing.

”

As of May 2025, 11 states had no mandated response time. Of the 39 states with response time limits, 12 allow agencies to extend response times in certain cases, while 27 allow no exceptions. Eight states required responses in three days or fewer, 11 in five days or fewer, 13 in 10 days or fewer, and seven in 20 days or fewer.

Exemptions

There are two categories of records specifically exempted in the Alabama Open Records Act:

• "[R]egistration and circulation records and information concerning the use of the public, public school, or college and university libraries of this state," and

• "[R]ecords relating to, or having an impact upon, the security or safety of persons, structures, facilities, or other infrastructures, including without limitation information concerning critical infrastructure ... and critical energy infrastructure information ... the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare, and records the disclosure of which would otherwise be detrimental to the best interests of the public."

See also

• Freedom of Information Act

External links

• Code of Alabama
• Alabama State Archives