Georgia FOIA procedures

Georgia FOIA procedures
FOIA laws in Georgia
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 Georgia 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 Georgia

The Georgia Open Records Act stipulates that public records requests may be made orally or in writing to the custodian of the records in question.

According to the Georgia Attorney General's office:

“

An Open Records Request should be made directly to the government agency’s custodian of the records. If an agency has assigned a particular person to handle requests, that information will be available on the agency’s website. ... A request to inspect or copy records may be made either orally or in writing. For purposes of documenting and clarifying the scope and timing of the request, it is a better practice to make the request in writing, and actions to enforce the ORA can only be based on written requests.

”

Purpose and use

Georgia law does not require a statement of purpose for requesting records or restrict the use of records in the vast majority of cases; however, there are some statutory exceptions.

Who may request public records?

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

Anyone may request public records in Georgia. According to Georgia Code Section 50-18-70:

“

(a) The General Assembly finds and declares that the strong public policy of this state is in favor of open government; that open government is essential to a free, open, and democratic society; and that public access to public records should be encouraged to foster confidence in government and so that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions. The General Assembly further finds and declares that there is a strong presumption that public records should be made available for public inspection without delay. This article shall be broadly construed to allow the inspection of governmental records. The exceptions set forth in this article, together with any other exception located elsewhere in the Code, shall be interpreted narrowly to exclude only those portions of records addressed by such exception.

”

Georgia 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?

Georgia law permits a fee to be charged to cover the cost of responding to a public records request. Fees may include the cost of publication and duplication of records as well as administrative costs involved in the search. According to Georgia Code Section 50-18-71:

“

(1) An agency may impose a reasonable charge for the search, retrieval, redaction, and production or copying costs for the production of records pursuant to this article. An agency shall utilize the most economical means reasonably calculated to identify and produce responsive, nonexcluded documents. Where fees for certified copies or other copies or records are specifically authorized or otherwise prescribed by law, such specific fee shall apply when certified copies or other records to which a specific fee may apply are sought. In all other instances, the charge for the search, retrieval, or redaction of records shall not exceed the prorated hourly salary of the lowest paid full-time employee who, in the reasonable discretion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour. (2) In addition to a charge for the search, retrieval, or redaction of records, an agency may charge a fee for the copying of records or data, not to exceed 10¢ per page for letter or legal size documents or, in the case of other documents, the actual cost of producing the copy. In the case of electronic records, the agency may charge the actual cost of the media on which the records or data are produced. (3) Whenever any person has requested to inspect or copy a public record and does not pay the cost for search, retrieval, redaction, or copying of such records when such charges have been lawfully estimated and agreed to pursuant to this article, and the agency has incurred the agreed-upon costs to make the records available, regardless of whether the requester inspects or accepts copies of the records, the agency shall be authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments by such agency.

”

Response time

See also: Request response times by state

Government agencies must either comply with or deny a written request for public records within three working days after receiving it. According to Georgia Code Section 50-18-71:

“

Agencies shall produce for inspection all records responsive to a request within a reasonable amount of time not to exceed three business days of receipt of a request; provided, however, that nothing in this chapter shall require agencies to produce records in response to a request if such records did not exist at the time of the request. In those instances where some, but not all, records are available within three business days, an agency shall make available within that period those records that can be located and produced. In any instance where records are unavailable within three business days of receipt of the request, and responsive records exist, the agency shall, within such time period, provide the requester with a description of such records and a timeline for when the records will be available for inspection or copying and provide the responsive records or access thereto as soon as practicable.

”

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 Georgia Open Records Act are outlined in Georgia Code Section 50-18-72. The Georgia Attorney General's office summarizes, "There are many exceptions provided in Georgia law that protect the privacy of personal information. Some of these prevent disclosure of such information contained in records subject to the Open Records Act."

See also

• Freedom of Information Act

External links

• Georgia Code
• Georgia Archives
• Open Records Request Form