Alabama FOIA procedures
From Sunshine Review
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[edit] How to request public records in Alabama
Each state varies slightly in the procedures used to gain access to public documents. This article serves to describe specifically the steps used in Alabama.
"Alabama's Public Records Law is silent as to the procedure for obtaining public records. Typically, the request is made initially in person or by telephone to the office that holds the records. If a more formal, written request is necessary, that request is typically made to the custodian of the records, the governmental entity or officer that holds the records, or (if the request has reached the "lawyering" stage) to the attorney for the governmental entity or officer that holds the records."[1]
[edit] Who may request public records?
The Alabama public records law gives the right to inspect public documents to every citizen. "Citizen" is not defined further, but is thought to refer to any citizen of the United States.[2]
[edit] Fees
Reasonable fees may be assessed for the time, research, and preparation it may take to respond to a public records request. Per a 1998 Attorney General opinion, fees may not be assessed for an attorney to review the public documents for possibly confidential material.[3]
[edit] Response Time
The time frame within which a public entity must respond to an open records request is not addressed by the Alabama Public Records Law.
[edit] Exemptions
There are two types of records specifically exempted from the Alabama Public Records Law:
- registration and circulation records and information concerning the use of the public, public school or college and university libraries of this state
- records concerning security plans, procedures, assessments, measures, or systems, and any other records relating to, or having an impact upon, the security or safety of persons, structures, facilities, or other infrastructures, including without limitation information concerning critical infrastructure (as defined at 42 U.S.C. §5195c(e) as amended) and critical energy infrastructure information (as defined at 18 C.F.R. §388.113(c)(1) as amended), the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare, and records the disclosure of which would otherwise be detrimental to the best interests of the public[4]
[edit] External links
[edit] See also
[edit] References
- ↑ Open Government Guide Procedure for obtaining records
- ↑ Open Government Guide Who can request records?
- ↑ Attorney General Opinion June 12, 2998
- ↑ Code of Alabama Section 36-12-40
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