Kentucky FOIA procedures

Kentucky FOIA procedures
FOIA laws in Kentucky
Freedom of Information Act
Court cases with an impact on state FOIA
FOIA procedures by state
AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyomingSubmit

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 Kentucky 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 Kentucky

The Kentucky Open Records Act is found in Kentucky Revised Statutes Chapter 61. According to the Kentucky attorney general's office:

“

A request to inspect records must be made to the public agency’s official custodian of records. The Attorney General has published a standardized form that every public agency is required to accept, which is included below... However, public agencies may not deny a request because it was not submitted using the standard form. KRS 61.872(2)(b). Instead, the custodian may require that the request be in writing, signed by the requester, with his or her name printed legibly on it, describing the records to be inspected. KRS 61.872(2). An electronic signature is sufficient to meet this requirement. KRS 369.107. A request may be hand-delivered, mailed, sent via facsimile, or emailed to the agency’s records custodian at the mailing address, facsimile address, or email address published in the agency’s rules and regulations. KRS 61.872(2)(a). The custodian may require the requester to provide a statement in the written application in which the requester explains how he or she qualifies as a resident of the Commonwealth. KRS 61.870(10).

”

Purpose and use

According to KRS 61.874, "The public agency from which copies of nonexempt public records are requested for a commercial purpose may require a certified statement from the requestor stating the commercial purpose for which they shall be used, and may require the requestor to enter into a contract with the agency." Records that were obtained without the declaration of a commercial purpose cannot be used for a commercial purpose.

Who may request public records?

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

Kentucky law states that any resident may request and inspect all public records, unless otherwise excepted. According to Kentucky Revised Statutes Chapter 61.872 ,"All public records shall be open for inspection by any resident of the Commonwealth, except as otherwise provided by KRS 61.870 to 61.884, and suitable facilities shall be made available by each public agency for the exercise of this right."

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

Fees

See also: How much do public records cost?

For non-commercial requests, a public entity may charge a fee for the cost of the material and equipment involved but may not charge for staff time. Additional fees for staff time may be charged for copies requested for commercial purposes. According to the Kentucky attorney general's office:

“

The agency may prescribe a reasonable fee for making copies of nonexempt public records. The fee must not exceed the agency’s actual costs of copying the record, including the cost of the medium on which it is copied and the cost of mechanically reproducing it, but not including staff costs. In general, ten cents per page has been deemed a reasonable fee for records in paper format. See, e.g., 200 KAR 1:020 § 3. The fee should be stated in the agency’s rules and regulations. ... The Open Records Act authorizes public agencies to impose a higher copying fee for requests made for a commercial purpose. KRS 61.874(4). This higher fee may include the costs associated with staff time spent processing the request, which ordinarily cannot be charged.

”

Response time

See also: Request response times by state

Kentucky law requires public entities to respond to records requests within three days unless a written explanation is provided to the person requesting the records. According to KRS 61.872:

“

If the public record is in active use, in storage or not otherwise available, the official custodian shall immediately notify the applicant and shall designate a place, time, and date for inspection of the public records, not to exceed five (5) days from receipt of the application, unless a detailed explanation of the cause is given for further delay and the place, time, and earliest date on which the public record will be available for inspection.

”

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

Exemptions to the Kentucky Open Records Act are outlined in KRS 61.878. According to the Kentucky attorney general's office:

“

The Open Records Act permits a public agency to withhold certain records from a requester unless the requester obtains a court order directing their release. Under KRS 61.878(1), the following records may be exempt: (a) records containing information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy. (b) records confidentially disclosed to an agency and compiled and maintained for scientific research. (c) records confidentially disclosed to an agency or required by the agency to be disclosed to it which are generally recognized as confidential or proprietary and which if disclosed would permit an unfair commercial advantage to competitors, including records which are compiled and maintained in conjunction with an application for or the administration of a loan or grant; the application for or the administration of assessments, incentives, inducements, or tax credits; or the regulation of a commercial enterprise. (d) records pertaining to a prospective location of a business or industry where no previous public disclosure has been made of the business’ or industry’s interest in locating in, relocating within or expanding within the Commonwealth. (e) records developed by an agency in conjunction with the regulation or supervision of financial institutions which reveal the agency’s internal examining or audit criteria. (f) real estate appraisals, engineering or feasibility estimates, and evaluations made by or for a public agency, in the course of acquiring property, until all of the property has been acquired. (g) test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination before the exam is given or if it is to be given again. (h) records of law enforcement agencies or agencies involved in administrative adjudication investigating statutory or regulatory violations if disclosure of the records would harm the agency by premature release (such records may be inspected after enforcement action is completed or a decision is made to take no action, unless they were compiled and maintained by a county or Commonwealth’s attorney or unless another exemption applies). (i) preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency. (j) preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended. (k) public records that are prohibited from disclosure by federal law or regulation. (l) public records that are prohibited from disclosure by Kentucky statutes. (m) records the disclosure of which would have a reasonable likelihood of threatening the public safety by exposing a vulnerability in preventing, protecting against, mitigating, or responding to a terrorist act, as defined in the exemption, and limited to eight precisely described categories of records. (n) records having historic, literary, artistic, or commemorative value that are accepted by the archivist of a public university, museum, or government depository from a donor or depositor other than a public agency if nondisclosure is requested in writing by the donor or depositor. (o) records of a procurement process under KRS Chapter 45A or Chapter 56. This exemption shall not apply after a contract is awarded; or the procurement process is canceled without award of a contract and there is a determination that the contract will not be resolicited. (p) Client and case files maintained by the Department of Public Advocacy or any person or entity contracting with the Department of Public Advocacy for the provision of legal representation under KRS Chapter 31. (q) Communications of a purely personal nature unrelated to any governmental function. (r) Records confidentially maintained by a law enforcement agency in accordance with a wellness program, including an early intervention system, as described in KRS 15.409 (s) Communications of a purely personal nature unrelated to any governmental function.

”

See also

• Freedom of Information Act

External links

• Kentucky Revised Statutes
• Kentucky Department for Libraries and Archives
• The Kentucky Open Records & Open Meetings Acts: A guide for the public and public agencies