Understanding Georgia's Public Records Exemptions

Learn which types of government information are legally withheld from public view in Georgia and why these protections exist.

By Garret Merkley · Explainer · Jun 19, 2026

Branched from How to Submit a Public Records Request to Fayetteville Georgia City Hall

Quick take

Georgia's Open Records Act ensures public access to government documents, but includes specific exemptions.
These exemptions protect individual privacy, safeguard ongoing law enforcement investigations, and ensure effective government operations.
Common examples of protected information include medical records, active police investigation files, and trade secrets.
Government agencies must legally justify any denial of a public records request by citing a specific exemption.

Georgia's Open Records Act (O.C.G.A. § 50-18-70 et seq.) generally requires state and local government agencies to make their records available to the public. However, the Act also includes a list of specific exemptions that allow or require agencies to withhold certain types of information. These exemptions prevent the disclosure of sensitive data that, if released, could harm individuals, compromise ongoing investigations, or undermine government functions.

Protecting Personal Privacy

Many exemptions are designed to protect the privacy of individuals. This includes personal medical records, sensitive details from personnel records (like home addresses, phone numbers, and Social Security numbers, though some personnel info like salary and job title is public), and certain financial records. The intent here is to balance the public's right to know about government actions with an individual's right to privacy concerning their personal information held by the state.

Safeguarding Law Enforcement and Investigations

Records related to ongoing criminal investigations, intelligence gathering, and certain security matters are frequently exempt. This allows law enforcement agencies to conduct their work effectively without compromising sources, investigative techniques, or the safety of officers and informants. Once an investigation is closed, or after a certain period, some of these records may become disclosable, but while active, they are typically protected.

Ensuring Effective Government Operations and Sensitive Data Protection

Other exemptions protect the inner workings of government and sensitive proprietary information. This can include trade secrets or confidential commercial information submitted to an agency, attorney-client privileged communications, certain deliberative process records (like drafts or working papers that inform policy but aren't final decisions), and critical infrastructure security plans. These exemptions aim to prevent competitive harm, ensure robust legal counsel for agencies, and protect vital public assets from security threats.

Common Exempted Records

Medical records of individuals
Personnel records (with exceptions for public info like salary and job title)
Active law enforcement investigation files and confidential sources
Trade secrets or confidential commercial information submitted to agencies
Records related to ongoing litigation or attorney-client privilege
Certain security plans for public facilities and infrastructure

These exemptions matter because they represent a critical balance between government transparency and the legitimate need for confidentiality. Without them, sensitive personal data could be exposed, criminal investigations could be sabotaged, and proprietary information could be unfairly exploited. When you submit a public records request, an agency must specifically cite one of these exemptions if they deny access to a record, ensuring that denials are based on law, not arbitrary discretion.

Can a government agency deny any public records request it wants?

No. An agency must provide a specific legal exemption from the Georgia Open Records Act (O.C.G.A. § 50-18-72) to justify withholding any record. They cannot deny a request without citing an applicable exemption.

What if I believe an exemption has been wrongly applied to my request?

If you believe an agency has wrongly applied an exemption, you have the right to challenge their decision. This typically involves appealing to the agency head, and if unresolved, you can seek assistance from the Georgia Attorney General's office or pursue legal action in court.

Are all personnel records of government employees exempt from disclosure?

No. While sensitive information like home addresses, phone numbers, and medical records are generally exempt, public information such as an employee's name, job title, salary, and dates of employment are typically subject to public disclosure.

Do these exemptions apply to both state and local government agencies in Georgia?

Yes, the exemptions listed in the Georgia Open Records Act apply to all agencies, departments, commissions, and other entities of state and local government within Georgia.

Is there a comprehensive list of all exemptions somewhere?

Yes, the full list of exemptions can be found in the Georgia Open Records Act, specifically O.C.G.A. § 50-18-72. This statute details each type of record that is protected from public disclosure.

Sources

Georgia Open Records Act (O.C.G.A. § 50-18-70 et seq.)
Georgia Attorney General's Office Open Government Resources