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 Kentucky, the primary law governing the access to government records is the Kentucky Open Records Act (KORA), codified in KRS 61.870 to 61.884. This Act functions similarly to the federal Freedom of Information Act (FOIA) and is designed to ensure that the public has the right to access records from state and local government bodies, with certain exceptions. Under KORA, any person can request to inspect or receive copies of public records, and the government agencies are required to respond within a specific timeframe, typically five business days. However, there are a number of exemptions that allow agencies to withhold records, such as those involving personal privacy, national security, and other protected interests. If a request is denied, the requester can appeal the decision to the Attorney General's office, which will review the case and issue a binding decision. If the requester or the agency is not satisfied with the Attorney General's decision, they may appeal to the circuit court.