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Ga. Supreme Court Ruling Clarifies How Open Records Act Applies to Private Contractors

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Ga. Supreme Court Ruling Clarifies How Open Records Act Applies to Private Contractors | Daily Report

















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https://www.law.com/dailyreportonline/2024/08/14/ga-supreme-court-ruling-clarifies-how-open-records-act-applies-to-private-contractors/

(l-r) Anna Green Cross and Meredith C. Kincaid of Cross Kincaid in Decatur and Lucas W. Andrews of Poole Huffman in Tucker, Georgia. (Courtesy photos)

NEWS

“Government accountability matters no less when the government uses private contractors for its work,” said prevailing appellant counsel Meredith C. Kincaid of Cross Kincaid in Decatur.

August 14, 2024 at 12:29 PM

8 minute read

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What You Need to Know

  • Supreme Court of Georgia issues ruling clarifying how Georgia’s Open Records Act applies to private contractors.
  • Records prepared or maintained by a private contractor ‘in the performance of a service or function for or on behalf of an agency’ qualify as ‘public records’ under the act, per ruling.
  • In addition to designated open records officers, justices rule requests for public records related to a private contractor’s services to a public agency can be served upon non-agency custodians of the relevant public records.

A ruling by the Supreme Court of Georgia has clarified how Georgia’s Open Records Act applies to private contractors.

In a unanimous decision issued Tuesday, the high court concluded records prepared or maintained by a private contractor “in the performance of a service or function for or on behalf of an agency” qualify as “public records” under the act.

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