Most states have laws—statutes that are sometimes referred to as Acts—that make most government records open to the public. These laws are similar to the federal Freedom of Information Act (FOIA) and are often known as open records acts or public information acts.
These public information or open records acts provide a mechanism for citizens to inspect or copy government records—and provide the governmental bodies from whom the records are requested with the right to withhold government records from the public in certain instances.
Public information or open records acts generally require a governmental entity to release information in response to a request for information. But if a governmental entity determines the information is excepted from disclosure under the law, then both the request and the information at issue must be reviewed by another governmental division. The reviewing division will issue a decision on whether the governmental entity is permitted to withhold the requested information or must release the information to the requestor (often a citizen or member of the media).
These public information or open records laws vary from state to state and are usually located in a state’s statutes.
In Alabama, the primary law governing public access to government records is the Alabama Public Records Law, which is similar to the federal Freedom of Information Act (FOIA). This law provides a mechanism for citizens to inspect or copy government records. It is codified in Sections 36-12-40 through 36-12-41 of the Alabama Code. Under this law, any citizen has a right to inspect and take a copy of any public writing of the state, except as otherwise expressly provided by statute. However, there are exceptions to this openness, and certain records may be withheld from public disclosure if they fall under specific exempt categories, such as records pertaining to security, trade secrets, and other sensitive information. If a request for records is denied, the requester may appeal the decision, and the matter may be reviewed by a court to determine whether the records should be released or remain confidential. It's important to note that the specifics of the law and the process for requesting records can be complex, and an attorney can provide guidance on how to navigate these legal requirements.