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 Ohio, the relevant law for accessing government records is known as the Ohio Public Records Act, which is similar to the federal Freedom of Information Act (FOIA). This Act mandates that public records are to be made available to any person upon request, and it defines public records as any document, device, or item, regardless of physical form, that is created or received by or coming under the jurisdiction of any public office. The Act also outlines the process for requesting records and the responsibilities of public offices to respond to such requests. While the Ohio Public Records Act aims to ensure transparency and accountability of government to the public, it also includes a number of exemptions that allow government bodies to withhold certain records from disclosure. These exemptions include records that are confidential by law, records that pertain to ongoing investigations, and personal information that is protected under privacy laws, among others. If a request is denied, the requester may challenge the decision, and the dispute may be reviewed by the Ohio Court of Claims, which acts as the reviewing division to determine whether the records should be released or can be lawfully withheld.