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Tennessee FOIA procedures
| Tennessee FOIA procedures |
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| FOIA laws in Tennessee |
| 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 Tennessee 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 Tennessee
The Tennessee Public Records Act, found in Tennessee Code Title 10, Chapter 7, stipulates that records requests "may be submitted in person or by telephone, fax, mail, or email if the governmental entity uses such means of communication to transact official business, or via internet portal if the governmental entity maintains an internet portal that is used for accepting public records requests."[1] According to the Office of Open Records Counsel:[2]
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There is not a central repository for public records in Tennessee. A public record request should be submitted to the governmental entity (or entities) believed to be the records custodian. The Office of Open Records Counsel is not a clearinghouse for public records. All governmental entities subject to the Tennessee Public Records Act are required to have a public records policy that sets forth the process for requesting access to public records, the process for responding to requests, a statement of any fees charged for copies of public records, and the name and title of the entity’s Public Record Request Coordinator (PRRC). The PRRC for any governmental entity should be familiar with this policy and should be able to assist with requests to access public records from that governmental entity. Depending on the governmental entity’s public records policy and the nature of the request, you may be required to submit the request in writing or on a specific form, and the governmental entity may require presentation of government-issued identification.[3] |
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To view a list of state contacts for public record requests, click here.
Purpose and use
Tennessee law does not require a statement of purpose to request records and does not restrict the use of records.
Who may request public records?
According to the Office of Open Records Counsel, "Only citizens of Tennessee have the right to inspect and receive copies of public records under the Tennessee Public Records Act. Tenn. Code Ann. § 10-7-503(a)(2)(A). However, governmental entities may make records accessible to individuals who are not citizens of Tennessee."[2]
Tennessee is among seven states that require individuals requesting public records to be state residents.
Fees
- See also: How much do public records cost?
Tennessee law allows public entities to charge a fee to cover the cost of responding to a public records request. According to the Office of Open Records Counsel:[2]
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A governmental entity may charge the reasonable costs incurred in producing copies of public records and is required to provide an estimate of the reasonable costs. Tenn. Code Ann. § 10-7-503(a)(7)(C). The reasonable costs that may be charged for copies of public records are set forth in the Schedule of Reasonable Charges (“the Schedule”) promulgated by the Office of Open Records Counsel. The Schedule provides that a governmental entity may charge 15 cents ($0.15) per 8 ½ x 11 or 8 ½ x 14 black and white copy and 50 cents ($0.50) per 8 ½ x 11 or 8 ½ x 14 color copy, unless the entity’s cost to produce a copy exceeds the threshold amount set out above. A governmental entity may also charge for the labor involved in producing copies of records. The Schedule generally allows a records custodian to charge a requestor the “hourly wage of the employee(s) reasonably necessary to produce the requested information” after one (1) hour of work has been done by the custodian in producing the requested material. If charges for copies are imposed in accordance with the Schedule, the charges are presumed reasonable. If you believe an estimate of reasonable costs or other costs imposed are unreasonable, please contact our office.[3] |
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Response time
- See also: Request response times by state
According to Tenn. Code Ann. Section 10-7-503:[1]
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The custodian of a public record or the custodian's designee shall promptly make available for inspection any public record not specifically exempt from disclosure. In the event it is not practicable for the record to be promptly available for inspection, the custodian shall, within seven (7) business days:
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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 Tennessee Public Records Act are outlined in Tenn. Code Ann. Section 10-7-504. To view a public database of statutory exceptions, click here.
See also
External links
- Tennessee Code Unannotated
- Tennessee State Library and Archives
- Office of Open Records Counsel - Tennessee Public Records Act FAQs
Footnotes
- ↑ 1.0 1.1 LexisNexis, "Tenn. Code Ann. § 10-7-503," accessed May 19, 2025 Cite error: Invalid
<ref>tag; name "TPRA" defined multiple times with different content - ↑ 2.0 2.1 2.2 Open Records Counsel, "Tennessee Public Records Act FAQs," accessed May 19, 2025 Cite error: Invalid
<ref>tag; name "counsel" defined multiple times with different content Cite error: Invalid<ref>tag; name "counsel" defined multiple times with different content - ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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