Tennessee public records act exceptions. While many of these exceptions are set forth in T.

Tennessee public records act exceptions. While many of these exceptions are set forth in T.

Tennessee public records act exceptions. The policy adopted shall not impose requirements on those requesting records that are more burdensome The Office of Open Records Counsel on Jan. The number of exceptions has grown substantially over the years. Evid. What are the laws in Tennessee regarding fees and costs associated with public records requests? Under the Tennessee Public Records Act, government entities can charge a “reasonable” fee for the production of public records. Any record inspected pursuant to this exception shall maintain its confidentiality throughout the inspection. We cover topics such as how to receive public record requests, how to respond to Jul 31, 2025 · The Office of Open Records Counsel on Jan. A public record “includes but is not limited to all Aug 14, 2018 · A joint legislative committee tasked with evaluating exemptions to Tennessee's Public Records Act has a painstaking task ahead of it: to decide what to do with the state's hundreds of exceptions The Tennessee Open Records Act (TORA) is a freedom of information law enacted in Tennessee in 1957. See below for links to Knox County’s Public Records Policy, the Public Records Request form, a schedule of fees and a list of exemptions to the Tennessee Public Records Act. ” Yet that broad definition is somewhat Sep 9, 2022 · Public Record Defined in the TPRA 3 “‘Public record or records’ or ‘state record or records’ means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the Careers Public Records Request Contact Us Important Links Tennessee General Assembly Department of State Department of Treasury TN. Since then, the number of statutory exceptions alone has grown to nearly 600. While many of these exceptions are set forth in T. 10-7-503, et. §10-7-503(a state, Tennessee ess h ess shall h urs, county )(2)(A): Statutory Exemptions to the Tennessee Public Records Act — June 2019 Page 3 Page 4 Statutory Exemptions to the Tennessee Public Records Act — June 2019 State Capitol Nashville, Tennessee 37243 615. 10-7-501 et seq. 2021 Tennessee Code Title 10 - Public Libraries, Archives and Records Chapter 7 - Public Records Part 5 - Miscellaneous Provisions § 10-7-504. The TPRA does not require records custodians to compile information or create or recreate records that do not exist. Records shall not be available to any member of the executive branch except to the governor and to those directly involved in the investigation in the specified agencies. 2775 To Report Fraud, Waste & Abuse: Submit a report online here or call the toll-free hotline at 1. Oct 11, 2023 · Open Records Counsel Maria Bush and Assistant General Counsel Seth May will lead each class through a variety of topics including public records laws and procedures, open meetings requirements, and exceptions to the Tennessee Public Records Act. According to Tennessee’s Public Records Act, certain types of records may be exempt from disclosure, including personal and sensitive information such as social security numbers, medical records, and law enforcement files. Confidential Records — Exceptions Section 10-7-503 - Records open to public inspection - Establishment of written public records policy by county and municipal governmental entities - Injunction in cases of disruptive requests - Promulgation of rules regarding public records by state governmental entities - Destruction of public records Universal Citation: TN Code § 10-7-503 The Tennessee freedom of information act, foia is a law that allows citizens partial or full access to government public records. There are a number of exceptions to the general right of access to public records under the Tennessee Public Records Act. The fees must be specifically authorized by state law or local ordinance, and must cover only the actual costs incurred in producing the records. § 10-7-503(g), the following Public Records Policy for the Tennessee Department of Revenue is hereby adopted by the Tennessee Department of Revenue to provide economical and efficient access to public records as provided under the Tennessee Public Records Act (“TPRA”) in Tenn. tn. Jan 30, 2018 · There’s a section in the Tennessee Public Records Act for exemptions, but when a bill gets filed to make a class of government records confidential, few get tagged as a possible new exception to the public records act; some don’t even mention that they are related to public records. gov Disclaimer Comptroller of the Treasury Jason E. PUBLIC LIBRARIES, AR HIVES AND RECORDS CHAPTER 7. Jan 19, 2023 · The 113th Tennessee General Assembly is underway. Tenn. 741. If no topics are selected, all topics will be searched. cc/exceptions. It departs markedly from F. NOTICE REGARDING CONFIDENTIALITY OF COMMUNICATIONS: You are hereby advised that with a few narrow exceptions, pursuant to the Tennessee Public Records Act, T. The Tennessee Public Records Act (TPRA) grants Tennessee citizens the right to access open public records that exist at the time of the request. Jun 3, 2025 · SCHOOL RECORDS RETENTION SCHEDULE | Manuals and GuidesTo search multiple topics, hold down the CTRL or COMMAND key. May 22, 2019 · Following is a list of new public records exemptions and other public record laws passed by the 111th General Assembly, plus some proposals that failed or were delayed until next year. Answers to many commonly asked questions can be found in the links below: (1) As used in this part and title 8, chapter 4, part 6, “public record or records” or “state record or records” means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection Transparent Tennessee links and information related to The Office of Open Records Counsel, which provides guidance to citizens (including representatives of the media) and to local governments about the Tennessee Public Records Act (T. Jan 30, 2018 · The Tennessee Comptroller’s Office of Open Records Counsel (OORC) has released a new report detailing a list of statutory exceptions to the Tennessee Public Records Act. The Ofice of the Comptroller of the Treasury, Ofice of Open Records Counsel, compiled 538 statutory exceptions as of Table of Contents Overview The Law Resources Stats Overview Citizen requesters only. It's important to note that while the Tennessee Public Records Act grants broad access to governmental records, there are exceptions. The training is designed to enhance knowledge about the rights and responsibilities set forth in these laws. The once all-encompassing Public Records Act is now more narrow. C. Code Ann. 8-44-101 et seq. ) and the Tennessee Open Meetings Act (T. | Manuals and Guides A report shows there are 538 exemptions to Tennessee's public records law, about six times as many as there were three decades ago. TENNESSEE’s PUBLIC RECORDS ACT – THE BASICS I. Others aren’t uniform. Feb 1, 2017 · When the Tennessee Public Records Act was first adopted in 1957, it only provided for two such exemptions — one for medical records of patients in state hospitals, and another for military records involving national and state security. Mar 18, 2018 · The Tennessee Public Records Act (hereinafter referred to as "TPRA") is found in Title 10, Chapter 7, Part 5 of the Tennessee Code. MISCELLANEOUS PROVISI . Mr. Confidential records – Exceptions. Jun 24, 2023 · Although there is no attorney-client privilege exception explicitly set out in the Tennessee Open Meetings Act (hereinafter "TOMA"), the court found that an exception for such communications exists based upon the language in the TOMA that reads “except as provided by the Constitution of Tennessee. A. In October 2024, the Ofice released its annual Legislative Update and updated its report on exceptions to the Tennessee Public Records Act to reflect 26 new or amended exceptions passed during the second session of the 113th General Assembly. Certain records may be exempt from disclosure due to privacy concerns or legal restrictions. Tennessee Public Records Act § 10-7-501 University Counsel T. Resources Frequently Asked Questions Sunshine Laws Contacts for Public Record Requests Exceptions to the Tennessee Public Records Act Records Retention Advisory Committee on Open Government Public Records Training Sunshine Laws The Tennessee Public Records Act, compiled in Title 10, Chapter 7, Part 5 of the Tennessee Code, and the Tennessee Open Meetings Act, compiled in Title 8, Chapter 44, Part 1 of the Tennessee Code, are available through the following link to a LEXIS Law Publishing Website containing the Tennessee Code. ), must establish a written public records policy properly adopted by the appropriate governing authority by July 1, 2017. The Tennessee Public Records Act (TPRA) allows Tennessee citizens to view government public records that are connected to official business transactions unless otherwise provided by state law. §§ 10-7-503 and 504 of the act, many more exist outside the act. Sep 10, 2024 · Created in 2008 Helps citizens and government officials better understand Tennessee’s laws on public records and open meetings. The Office of Open Records Counsel offers free training to governmental entities, groups, and organizations wishing to learn more about the Tennessee Public Records Act and Tennessee Open Meetings Act. Appendix C: New and Amended Exceptions tothe Tennessee Public Records Act Jan 30, 2018 · The 538 statutory exceptions identified in the OORC’s report do not include other exceptions that may be found in Tennessee court rules, federal law, common law, or agency rules. Review of Public Record Definition. tennessee. 800. The Tennessee Public Records Act helps ensure government accountability and transparency by providing Tennessee citizens access to public records. [1] The law that states that any citizen of Tennessee may request public records there. § 10-7-503 that government records are open to public inspection. Otherwise, the rule is consistent with present Tennessee law. A list public records request coordinators for each officeholder’s office can be found in the Knox County Public Records Policy at the link below. Nov 20, 2022 · In this article, we will cover both the major exceptions that schools, parents, and stockholders need to be aware of as well as what information is subject to disclosure. Jan 19, 2017 · POLICY: A public records policy should balance a governmental entity’s need to function efficiently, protect confidential information, and maintain the integrity of records with the public’s right to access records pursuant to the Tennessee Public Records Act (“TPRA”). However, a new state law could slow the adoption of new exemptions because it requires the Tennessee House’s Government Operations Committee to review any legislation that creates an exception to the TPRA, which requires government records to be open to public inspection. THE TENNESSEE DEPARTMENT OF REVENUE Pursuant to Tenn. A public record is defined as “all documents, papers The Tennessee Public Records Act stipulates that all government records be open for public inspection during business hours unless otherwise exempt. Two broad exemptions to the Tennessee Public Records Act in the bill say: "The department may maintain any information or records collected or Mar 17, 2025 · A newly-created immigration enforcement office will be largely kept secret after being exempt from state public records laws. The Tennessee Public Records Act helps ensure government accountability and transparency by providing Tennessee citizens access to public records. § 10-7-501 et seq. Feb 23, 2025 · While the TPRA presumes public access, numerous exemptions limit disclosure to protect sensitive information, public safety, and government integrity. The Tennessee Public Records Act allows for most records to be retained, but there are certain exceptions and limitations for specific types of records. 2501 www. seq. Records custodians must respond as promptly as possible, but is if it is not possible to provide the requested records promptly, records custodians must, within seven business days of receiving a public records request, either The Tennessee Public Records Act grants Tennessee citizens the right to access state, county and municipal public records. § 10-7-503, its records are accessible to the public if it is the functional equivalent of a governmental agency. This website shares information relative to Tennessee municipal government. Mumpower State Capitol Nashville, TN 37243-9034 615. Learn what is covered under the Tennessee freedom of information act, the records exempt from foia in Tennessee, how to file an Tennessee foia request and the cost and lenght of time it takes to process a foia request in Tennessee. § 10-7-503(g), every governmental entity subject to the Tennessee Public Records Act (“TPRA”) (Tenn. Some exemptions are obvious, including Social Security numbers, financial routing codes and medical records of people treated at state or local government hospitals. tion – chedule of reasonable charges – Co 10-7-504. 10 Tennessee law did not and could not force public disclosure of either video because Tennessee’s public records laws, the Tennessee Public Records Act (TPRA), contains a daunting obstacle to police transparency: the Rule 16 law enforcement An appellate court must make a functional equivalency determination where, even though a nonprofit corporation has complied with the audit exception in the Tennessee Public Records Act, T. 1. Section 10-7-503 - Records open to public inspection - Establishment of written public records policy by county and municipal governmental entities - Injunction in cases of disruptive requests - Promulgation of rules regarding public records by state governmental entities - Destruction of public records Jun 3, 2022 · The Tennessee Public Records Act (TPRA) is a public records access law that was originally passed by the state legislature in 1957. § 10-7-503 (g) all government entities subject to the Tennessee Public Records Act ("TPRA")are required to have a public records policy setting forth the the process for making requests to inspect or for copies of public records and any required request forms, the process for responding to requests, a statement of any fees charged for copies of public records, and 2021 Tennessee Code Title 10 - Public Libraries, Archives and Records Chapter 7 - Public Records Part 5 - Miscellaneous Provisions § 10-7-503. Tennessee Open Records Act The Tennessee Open Records Act is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels. The Office of Open Records Counsel answers questions and provides information about the Tennessee Public Records Act and Tennessee Open Meetings Act. ” The Tennessee Supreme Court held: Provide citizens of Tennessee the opportunity to copy or have provided to them a copy of records of the CRA that are not confidential, exceptions to the Tennessee Public Records Act, or otherwise protected from disclosure by law for a fee in compliance with the Schedule of Reasonable Charges of the Tennessee Office of Open Records counsel (Attachment 1). A database of the exceptions is available online at tncot. , for a copy of a report prepared by McKinsey & Co. The Office of Open Records Counsel on Jan. edu). §§ 10-7-503 et seq. Adoption Contact Veto Registry Efective July 1, 2021, Public Chapter 101 amends TPRA exceptions relative to adoption records by deleting the Department of Children’s Services confidential adoption contact veto registry and no longer requiring adoption records be placed under seal after an entry of an order revoking surrender or parental consent, an order dismissing a termination of Jan 30, 2025 · The records of a new Tennessee centralized immigration enforcement division will largely be secret from the public under an exemption added to a bill in its lightning-speed path to its approval. However, statutes that make certain public records confidential and exempt from disclosure are found throughout the Tennessee Code. PURPOSE: Pursuant to Tenn. These include the Tennessee Public Records Act, which allows for certain exemptions to be made when disclosing records to a third party, and the Tennessee Personal and Sensitive Information Protection Act, which requires government agencies to take steps to safeguard personal and sensitive information from misuse or unauthorized access. The purpose of these rules is to establish procedures regarding public records requests received by the State of Tennessee Department of General Services, and to provide economical and efficient access to Public Records subject to the Tennessee Public Records Act in Tennessee Code Annotated §§ 10-7-501, et seq. May 15, 2017 · They include 7 new exceptions to the Tennessee Public Records Act, 2 existing exemptions partially rolled back, 1 new law improving access to records in general, 1 new law creating criminal penalties for releasing certain confidential information, and 3 new laws improving government records for better accountability. Section 10-7-503(a), as amended by Public Chapter 1179, Acts of 2008, which is the overarching provision of the Tennessee Public Records Act (hereinafter referred to as “TPRA”) reads as follows: The Tennessee Public Records Act helps ensure government accountability and transparency by providing Tennessee citizens access to public records. 232 Statutory Exemptions to the Tennessee Public Records Act — November 2022 each relevant exempting provision. 0-7-502. . Tennessee Public Records Act NNOTATED *** CURRENT THROUGH THE 2013 SESSION *** 0. Some seek to expand access, while other proposals would put in place new restrictions. 30, 2018, released a report identifying 538 statutory exceptions to the Tennessee Public Records Act. Reproduction of state records on film. The Tennessee Public Records Act and Exceptions to the Act Tenn. The Tennessee Public Records Act (“TPRA” or “the Act”) is a state law, found at Tenn. instead showed five officers beating him to death even as he attempted to comply with their orders. The 2023 0690-06-02-. 01 PURPOSE AND SCOPE. Public records such as documents, tapes, maps, photographs, and data stored in any format are available for viewing or copying. [5] I. “The Public Records Act has a noble and worthwhile purpose by providing a tool to hold government officials and agencies accountable to the citizens of Tennessee through oversight in government activities”. The starting point for a discussion of the law in this area is the declaration found in T. ). “Public Records” are defined as “all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant Nov 6, 2022 · In Tennessee, state and local governments are governed by the Tennessee Public Records Act (TPRA) located in TCA § 10-7-503 et seq. gov New and Amended Exceptions to the Tennessee Public Records Act Appendix A May 2018 Statutory Exemptions to the Tennessee Public Records Act — August 2020 Jan 30, 2018 · The report doesn’t include other exceptions that may be in Tennessee court rules, federal law, common law or agency rules. comptroller. § 10-7-503, that requires local and state public agencies to make records available for inspection by the public. in connection with the State’s response to the COVID-19 pandemic. 803 (16) which provides a hearsay exception for any (not just property) documents at least twenty years old. Jun 3, 2019 · There are nearly 600 exemptions to the Tennessee Public Records Act, and the list keeps growing. Pursuant to Tenn. Records Open to Public Inspection — Schedule of Reasonable Charges — Costs — Destruction of Public Records 11. § 10-7-503(a)(2)(A) provides: All state, county and municipal records shall at all times, during business hours, which for public hospitals shall be during the business hours of their administrative offices, be open for personal inspection e i charge of such records s II. May 30, 2018 · In addition, Tennessee courts have recognized that federal law can provide exceptions to Tennessee’s Public Records Act by virtue of the Supremacy Clause of the United States Constitution. Nov 30, 2016 · Does not include the device or equipment, including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment, that may have been used to create or store a public record or state record; According to Tennessee’s Public Records Act, certain types of records may be exempt from disclosure, including personal and sensitive information such as social security numbers, medical records, and law enforcement files. As such, we will focus our attention on what TPRA provides and some important exceptions to provided therein. This includes sensitive information like social security numbers, certain law enforcement investigatory records, and other data protected by state or federal law. At a glance, it appears like the Tennessee Public Records Act allows for greater transparency than most, as the law holds a broad definition of what is considered “public. Jun 24, 2022 · All documents made or received by city/town officials and employees related to city/town business are subject to the Tennessee Public Records Act (hereinafter "TPRA"). A number of bills deal with public records. R. When the Tennessee Public Records Act was enacted in 1957, it provided only two statutory exceptions. Aug 14, 2019 · December 21, 2020: ACOG Advisory Report Selection of Higher Education Chief Executives September 3, 2020: New and Amended Exceptions to the Tennessee Public Records Act August 3, 2020: Open Records and Open Meetings Legislative Update August 14, 2019: Open Records and Open Meetings Legislative Update Under the Tennessee Public Records Act, exemptions refer to categories of records or information that are not subject to public disclosure. Records in the possession of public agencies in Tennessee are open to perusal by the public unless they are specifically exempted by statute or case law. Wesley submitted a request under the Tennessee Publi Records Act, Tenn. These exemptions are established to protect certain interests, such as privacy, security, or ongoing investigations. Excessive fees are Mar 12, 2017 · A re-examination of the numerous exemptions to Tennessee’s Public Records Act could help refine state law to make government more accountable to the people. For example, birth and death certificates are restricted from public access for a certain period of time before becoming available. Open Records Act Generally Under the Tennessee open records law, a Tennessee citizen may personally inspect all state, county and municipal records, and all records maintained by the Tennessee Performing Arts Center management corporation at all times during business hours unless the records are declared by state law to be confidential. §10-7-503(a state, Tennessee ess h ess shall h urs, county )(2)(A): New and Amended Exceptions to the Tennessee Public Records Act Appendix A May 2018 Office of Open Records Counsel Created in 2008 Helps citizens and government officials better understand Tennessee’s laws on public records and open meetings. , the content of any communications, transmissions or attachments sent to, or received from the Rutherford County Register of Deeds office email address is a public The following Court Records shall be treated as confidential and shall not be open for inspection by members of the public: (i) Documents expressly excepted from inspection under the Public Records Act, Tennessee Code Annotated section 10-7-504, or otherwise excepted from inspection under state law, Tennessee Code Annotated section 10-7-503(a)(2)(A); Tennessee decisions treat admissibility of ancient deeds, but the proposed exception updates the law to cover other property instruments. Tennessee Public Records Act 10/04/2023 Dear Reader The following document was created from the Municipal Technical Advisory Services website (mtas. The office also created a searchable public database of the statutory exceptions containing new and amended exceptions and has added to the list each year since then. PUBLIC RECORDS PART 5. Some exceptions specifically added to the Act include investigative records of the Tennessee Bureau of Investigation; records of students at public educational institutions; materials in the possession of the office of Attorney General and Reporter that relate to any pending or Dec 17, 2021 · “Petition”). Respondent Tennessee n Resources (“DOHR”) denied the re ivilege and (ii) that the McKinsey repo Jan 20, 2017 · Public Chapter 722 requires every governmental entity subject to the Tennessee Public Records Act to establish a written public records policy by July 1, 2017. Some exemptions apply broadly to entire categories of records, while others are narrowly tailored to specific information. 563 exemptions included in the Tennessee Public Records Act No option to appeal decisions. Nov 30, 2016 · Does not include the device or equipment, including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment, that may have been used to create or store a public record or state record; Feb 23, 2025 · While the TPRA presumes public access, numerous exemptions limit disclosure to protect sensitive information, public safety, and government integrity. The policy must be adopted by the appropriate governing authority, and the OORC model policy will serve as a helpful resource. The Commission must keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. 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