Oregon FOIA procedures
Oregon FOIA procedures |
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FOIA laws in Oregon |
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 Oregon 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 Oregon
Requests for public records of public agencies must be made directly to the agency in question.[1]
Purpose and use
Oregon law does not place any restrictions on the use of records or require a stated reason for the request.[2]
Who may request public records?
Oregon law states that any person may request public documents. According to Oregon Revised Statutes 192.314(1):[3]
“ | Every person has a right to inspect any public record of a public body in this state, except as otherwise expressly provided by ORS 192.338, 192.345 and 192.355.[4] | ” |
Oregon 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?
Oregon law states that a fee may be charged equaling no more than the actual cost of record reproduction. According to Oregon Revised Statutes 192.324(4-5):[5]
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(5) The custodian of a public record may furnish copies without charge or at a substantially reduced fee if the custodian determines that the waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public.[4] |
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Response time
- See also: Request response times by state
According to Oregon Revised Statutes Chapter 192.329: "A public body shall complete its response to a written public records request that is received by an individual identified in the public body’s procedure described in ORS 192.324 as soon as practicable and without unreasonable delay."[6]
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
Oregon law exempts certain types of records from public access. According to ORS 192.345:[7]
“ | The following public records are exempt from disclosure under ORS 192.311 to 192.478 unless the public interest requires disclosure in the particular instance:
(1) Records of a public body pertaining to litigation to which the public body is a party if the complaint has been filed, or if the complaint has not been filed, if the public body shows that such litigation is reasonably likely to occur. This exemption does not apply to litigation which has been concluded, and nothing in this subsection shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation. (2) Trade secrets. “Trade secrets,” as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within an organization and which is used in a business it conducts, having actual or potential commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. (3) Investigatory information compiled for criminal law purposes. The record of an arrest or the report of a crime shall be disclosed unless and only for so long as there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim. Nothing in this subsection shall limit any right constitutionally guaranteed, or granted by statute, to disclosure or discovery in criminal cases. For purposes of this subsection, the record of an arrest or the report of a crime includes, but is not limited to:
(4) Test questions, scoring keys, and other data used to administer a licensing examination, employment, academic or other examination or testing procedure before the examination is given and if the examination is to be used again. Records establishing procedures for and instructing persons administering, grading or evaluating an examination or testing procedure are included in this exemption, to the extent that disclosure would create a risk that the result might be affected. (5) Information consisting of production records, sale or purchase records or catch records, or similar business records of a private concern or enterprise, required by law to be submitted to or inspected by a governmental body to allow it to determine fees or assessments payable or to establish production quotas, and the amounts of such fees or assessments payable or paid, to the extent that such information is in a form that would permit identification of the individual concern or enterprise. This exemption does not include records submitted by long term care facilities as defined in ORS 442.015 to the state for purposes of reimbursement of expenses or determining fees for patient care. Nothing in this subsection shall limit the use that can be made of such information for regulatory purposes or its admissibility in any enforcement proceeding. (6) Information relating to the appraisal of real estate prior to its acquisition. (7) The names and signatures of employees who sign authorization cards or petitions for the purpose of requesting representation or decertification elections. (8) Investigatory information relating to any complaint filed under ORS 659A.820 or 659A.825, until such time as the complaint is resolved under ORS 659A.835, or a final order is issued under ORS 659A.850. (9) Investigatory information relating to any complaint or charge filed under ORS 243.676 and 663.180. (10) Records, reports and other information received or compiled by the Director of the Department of Consumer and Business Services under ORS 697.732. (11) Information concerning the location of archaeological sites or objects as those terms are defined in ORS 358.905, except if the governing body of an Indian tribe requests the information and the need for the information is related to that Indian tribe’s cultural or religious activities. This exemption does not include information relating to a site that is all or part of an existing, commonly known and publicized tourist facility or attraction. (12) A personnel discipline action, or materials or documents supporting that action. (13) Fish and wildlife information:
(14) Writings prepared by or under the direction of faculty of public educational institutions, in connection with research, until publicly released, copyrighted or patented. (15) Computer programs developed or purchased by or for any public body for its own use. As used in this subsection, “computer program” means a series of instructions or statements which permit the functioning of a computer system in a manner designed to provide storage, retrieval and manipulation of data from such computer system, and any associated documentation and source material that explain how to operate the computer program. “Computer program” does not include:
(16) Data and information provided by participants to mediation under ORS 36.256. (17) Investigatory information relating to any complaint or charge filed under ORS chapter 654, until a final administrative determination is made or, if a citation is issued, until an employer receives notice of any citation. (18) Specific operational plans in connection with an anticipated threat to individual or public safety for deployment and use of personnel and equipment, prepared or used by a public body, if public disclosure of the plans would endanger an individual’s life or physical safety or jeopardize a law enforcement activity. (19)(a) Audits or audit reports required of a telecommunications carrier. As used in this paragraph, “audit or audit report” means any external or internal audit or audit report pertaining to a telecommunications carrier, as defined in ORS 133.721, or pertaining to a corporation having an affiliated interest, as defined in ORS 759.390, with a telecommunications carrier that is intended to make the operations of the entity more efficient, accurate or compliant with applicable rules, procedures or standards, that may include self-criticism and that has been filed by the telecommunications carrier or affiliate under compulsion of state law. “Audit or audit report” does not mean an audit of a cost study that would be discoverable in a contested case proceeding and that is not subject to a protective order; and
(20) The residence address of an elector if authorized under ORS 247.965 and subject to ORS 247.967. (21) The following records, communications and information submitted to a housing authority as defined in ORS 456.005, or to an urban renewal agency as defined in ORS 457.010, by applicants for and recipients of loans, grants and tax credits:
(22) Records or information that, if disclosed, would allow a person to:
(23) Records or information that would reveal or otherwise identify security measures, or weaknesses or potential weaknesses in security measures, taken or recommended to be taken to protect:
(24) Personal information held by or under the direction of officials of the Oregon Health and Science University or a public university listed in ORS 352.002 about a person who has or who is interested in donating money or property to the Oregon Health and Science University or a public university, if the information is related to the family of the person, personal assets of the person or is incidental information not related to the donation. (25) The home address, professional address and telephone number of a person who has or who is interested in donating money or property to a public university listed in ORS 352.002. (26) Records of the name and address of a person who files a report with or pays an assessment to a commodity commission established under ORS 576.051 to 576.455, the Oregon Beef Council created under ORS 577.210 or the Oregon Wheat Commission created under ORS 578.030. (27) Information provided to, obtained by or used by a public body to authorize, originate, receive or authenticate a transfer of funds, including but not limited to a credit card number, payment card expiration date, password, financial institution account number and financial institution routing number. (28) Social Security numbers as provided in ORS 107.840. (29) The electronic mail address of a student who attends a public university listed in ORS 352.002 or Oregon Health and Science University. (30) The name, home address, professional address or location of a person that is engaged in, or that provides goods or services for, medical research at Oregon Health and Science University that is conducted using animals other than rodents. This subsection does not apply to Oregon Health and Science University press releases, websites or other publications circulated to the general public. (31) If requested by a public safety officer, as defined in ORS 181A.355, or a county juvenile department employee who is charged with and primarily performs duties related to the custody, control or supervision of adjudicated youths confined in a detention facility, as defined in ORS 419A.004:
(32) Unless the public records request is made by a financial institution, as defined in ORS 706.008, consumer finance company licensed under ORS chapter 725, mortgage banker or mortgage broker licensed under ORS 86A.095 to 86A.198, or title company for business purposes, records described in paragraph (a) of this subsection, if the exemption from disclosure of the records is sought by an individual described in paragraph (b) of this subsection using the procedure described in paragraph (c) of this subsection:
(33) The following voluntary conservation agreements and reports:
(34) Sensitive business records or financial or commercial information of the State Accident Insurance Fund Corporation that is not customarily provided to business competitors. This exemption does not:
(35) Records of the Department of Public Safety Standards and Training relating to investigations conducted under ORS 181A.640 or 181A.870 (6), until the department issues the report described in ORS 181A.640 or 181A.870. (36) A medical examiner’s report, autopsy report or laboratory test report ordered by a medical examiner under ORS 146.117. (37) Any document or other information related to an audit of a public body, as defined in ORS 174.109, that is in the custody of an auditor or audit organization operating under nationally recognized government auditing standards, until the auditor or audit organization issues a final audit report in accordance with those standards or the audit is abandoned. This exemption does not prohibit disclosure of a draft audit report that is provided to the audited entity for the entity’s response to the audit findings. (38)(a) Personally identifiable information collected as part of an electronic fare collection system of a mass transit system.
(39)(a) If requested by a civil code enforcement officer:
(40) Audio or video recordings, whether digital or analog, resulting from a law enforcement officer’s operation of a video camera worn upon the officer’s person that records the officer’s interactions with members of the public while the officer is on duty. When a recording described in this subsection is subject to disclosure, the following apply:
(41) The contents of tips reported to a tip line, as defined in ORS 339.329. However, personally identifiable information, as defined in ORS 339.329, is not subject to public interest balancing under this section and remains exempt from disclosure except as provided in ORS 339.329. (42) Residential addresses of individuals with intellectual or developmental disabilities residing in adult foster homes as defined in ORS 443.705 or residential training facilities or residential training homes as those terms are defined in ORS 443.400. (43) The name, home address, professional address or location of an individual who is authorized to provide physical and behavioral health care services in this state and who provides reproductive and gender-affirming health care services. [Formerly 192.501; 2019 c.61 §1; 2019 c.130 §2; 2019 c.532 §§3,4; 2021 c.318 §§1,2; 2021 c.489 §§22,23; 2023 c.228 §§39,40][4] |
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See also
External links
- Oregon Statutes
- Open Oregon & the Oregon Attorney General’s Office - A Quick Reference Guide to Oregon's Public Records Law
- Oregon State Archives
Footnotes
- ↑ Oregon Department of Justice, "Public Records and Public Meetings FAQ," accessed May 14, 2025
- ↑ Open Oregon: a Freedom of Information Coalition & Oregon Attorney General, "A Quick Reference Guide to Oregon's Public Records Law," accessed May 14, 2025 (page 8)
- ↑ Oregon Legislature, "Chapter 192 — Records; Public Reports and Meetings," accessed May 14, 2025 (Sec. 192.314)
- ↑ 4.0 4.1 4.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Oregon Legislature, "Chapter 192 — Records; Public Reports and Meetings," accessed May 14, 2025 (Sec. 192.324)
- ↑ Oregon Legislature, "Chapter 192 — Records; Public Reports and Meetings," accessed May 16, 2025 (Sec. 192.329)
- ↑ Oregon Legislature, "Chapter 192 — Records; Public Reports and Meetings," accessed May 14, 2025 (Sec. 192.345)
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