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Oklahoma FOIA procedures
Oklahoma FOIA procedures |
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FOIA laws in Oklahoma |
Freedom of Information Act |
Court cases with an impact on state FOIA |
FOIA procedures by state |
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 Oklahoma 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 Oklahoma
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 Oklahoma Attorney General must submit that request to the attorney general's office.[1]
Purpose and use
Oklahoma law does not require a statement of purpose for records request. However, if the purpose is commercial, fees will be charged for document collection. There is no restriction on the use of public records, once received.[2]
Who may request public records?
Oklahoma law states that anyone may request public records. According to the Oklahoma Open Records Act Section 24A.5:[3]
“ | All records of public bodies and public officials shall be open to any person for inspection, copying, or mechanical reproduction during regular business hours.[4] | ” |
Oklahoma is among 42 states that do not require individuals requesting public records to be state residents.
Fees
- See also: How much do public records cost?
Oklahoma law states that fees may only be charged for the cost of duplication when a request is made by an individual for non-commercial purposes. For records requests made with commercial intent or for records that present a large amount of labor, fees may be charged that cover the cost of labor involved in the search and duplication. According to the Oklahoma Open Records Act Section 24A.5:[3]
“ | Any request for a record which contains individual records of persons, and the cost of copying, reproducing or certifying each individual record is otherwise prescribed by state law, the cost may be assessed for each individual record, or portion thereof requested as prescribed by state law. Otherwise, a public body may charge a fee only for recovery of the reasonable, direct costs of record copying, or mechanical reproduction. Notwithstanding any state or local provision to the contrary, in no instance shall the record copying fee exceed twenty-five cents ($0.25) per page for records having the dimensions of eight and one-half (8 1/2) by fourteen (14) inches or smaller, or a maximum of One Dollar ($1.00) per copied page for a certified copy. However, if the request:
b. would clearly cause excessive disruption of the essential functions of the public body, then the public body may charge a reasonable fee to recover the direct cost of record search and copying; however, publication in a newspaper or broadcast by news media for news purposes shall not constitute a resale or use of a record for trade or commercial purpose and charges for providing copies of electronic data to the news media for a news purpose shall not exceed the direct cost of making the copy. The fee charged by the Department of Public Safety for a copy in a computerized format of a record of the Department shall not exceed the direct cost of making the copy unless the fee for the record is otherwise set by law. Any public body establishing fees under this act shall post a written schedule of the fees at its principal office and with the county clerk. In no case shall a search fee be charged when the release of records is in the public interest, including, but not limited to, release to the news media, scholars, authors and taxpayers seeking to determine whether those entrusted with the affairs of the government are honestly, faithfully, and competently performing their duties as public servants. The fees shall not be used for the purpose of discouraging requests for information or as obstacles to disclosure of requested information; |
” |
Response time
- See also: Request response times by state
Oklahoma law states agencies must "provide prompt, reasonable access to its records but may establish reasonable procedures which protect the integrity and organization of its records and to prevent excessive disruptions of its essential functions."[3] A 1999 attorney general opinion states, "this generally may include only the time required to locate and compile such public records."[5]
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
Oklahoma law exempts certain types of records from public access. According to the Oklahoma Open Records Act Section 24A.5 states:[3]
“ | The Oklahoma Open Records Act, Sections 24A.1 through 24A.30 of this title, does not apply to records specifically required by law to be kept confidential including:
a. records protected by a state evidentiary privilege such as the attorney-client privilege, the work product immunity from discovery and the identity of informer privileges, b. records of what transpired during meetings of a public body lawfully closed to the public such as executive sessions authorized under the Oklahoma Open Meeting Act, c. personal information within driver records as defined by the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, d. information in the files of the Board of Medicolegal Investigations obtained pursuant to Sections 940 and 941 of Title 63 of the Oklahoma Statutes that may be hearsay, preliminary unsubstantiated investigation-related findings, or confidential medical information, e. any test forms, question banks and answer keys developed for state licensure examinations, but specifically excluding test preparation materials or study guides, or f. last names, addresses, social security numbers or tax identification numbers, and proof of identification submitted to the Oklahoma Lottery Commission by persons claiming a lottery prize; 2. All Social Security numbers included in a record may be confidential regardless of the person's status as a public employee or private individual and may be redacted or deleted prior to release of the record by the public body; 3. Any reasonably segregable portion of a record containing exempt material shall be provided after deletion of the exempt portions; provided however, Service Oklahoma shall not be required to assemble for the requesting person specific information, in any format, from driving records relating to any person whose name and date of birth or whose driver license number is not furnished by the requesting person. The Oklahoma State Bureau of Investigation shall not be required to assemble for the requesting person any criminal history records relating to persons whose names, dates of birth, and other identifying information required by the Oklahoma State Bureau of Investigation pursuant to administrative rule are not furnished by the requesting person;[4] |
” |
See also
External links
Footnotes
- ↑ Oklahoma Attorney General, "Open Records Request," accessed May 14, 2025
- ↑ Oklahoma State Courts Network, "1999 OK AG 55 (Question 3)," accessed May 14, 2025
- ↑ 3.0 3.1 3.2 3.3 Oklahoma State Courts Network, "Title 51, Chapter 1, Oklahoma Open Records Act, Section 24A.5" accessed May 14, 2025
- ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Oklahoma State Courts Network, "1999 OK AG 58," accessed May 14, 2025
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