Tennessee public records act exceptions. These are only the ones in the Tennessee Code.
Tennessee public records act exceptions. (ee)[Repealed effective July 1, 2027. Confidential records – Exceptions. 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. In general, city employees’ personnel records and most other city documents are subject to public inspection under the Tennessee Public Records Act. The first section of the statute, Jul 6, 2024 · In her ruling just before midnight on Thursday, Judge Myles determined that the copyright provides an exemption to the Tennessee Public Records Act, allowing the documents to remain sealed. § 10-7-501 et seq. A new legislative Jul 5, 2024 · Metro Nashville faced a lawsuit to release the records under the Tennessee Public Records Act. As of this writing, there are over 700 exceptions to the TPRA. 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. tennessee. Records Open to Public Inspection — Schedule of Reasonable Charges — Costs — Destruction of Public Records Jun 3, 2025 · SCHOOL RECORDS RETENTION SCHEDULE | Manuals and GuidesTo search multiple topics, hold down the CTRL or COMMAND key. See the note below regarding links to statutory provisions in this article. A database of the exceptions is available online at tncot. § 10-7-503 that government records are open to public inspection. Since then, the number of statutory exceptions alone has grown to nearly 600. 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"). Tennessee Coalition for Open Government is a nonpartisan, nonprofit organization that advocates for transparency in government. Jan 20, 2025 · Note: This page covers information specific to Tennessee. Feb 15, 2018 · Significant, but outside the scope of his study, Mumpower noted that the 538 exceptions are by no means all the exceptions to the public records act. Tennessee Public Records Act Procedural Clarification Efective July 1, 2022, Public Chapter 721 clarifies that a governmental entity may require a person making a request to view or make a copy of a public record to present a government-issued photo identification, if the person possesses photo identification, that includes the person’s address. Confidential Records — Exceptions 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. The Tennessee Public Records Act (“TPRA” or “the Act”) is a state law, found at Tenn. This website shares information relative to Tennessee municipal government. For example, birth and death certificates are restricted from public access for a certain period of time before becoming available. Answers to many commonly asked questions can be found in the links below: 2021 Tennessee Code Title 10 - Public Libraries, Archives and Records Chapter 7 - Public Records Part 5 - Miscellaneous Provisions § 10-7-504. Photographic copy deemed original record. However, statutes that make certain public records confidential and exempt from disclosure are found throughout the Tennessee Code. Mumpower State Capitol Nashville, TN 37243-9034 615. See full list on rcfp. Feb 18, 2018 · A new listing of exemptions to the Tennessee Public Records Act reveals that the number has grown to 538, six times more than 30 years ago. PURPOSE: Pursuant to Tenn. (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 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. org Feb 23, 2025 · The Tennessee Public Records Act (TPRA), codified in Tenn. Other state law such as court rules, common law and administrative rules and regulations have been decided by the courts as making government records confidential. For general information concerning access to government records see the Access to Government Records section of this guide. Reproduction of state records on film. 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 training is designed to enhance knowledge about the rights and responsibilities set forth in these laws. The 2023 Labor negotiations Exceptions to the Open Meetings Act Chance meetings and informal assemblages Closed meetings under attorney-client privilege Other exceptions to the Open Meetings Act Tennessee Public Records Act What is a public record Government response to public records request Who is subject to the public records law? I. § 10-7-503, its records are accessible to the public if it is the functional equivalent of a governmental agency. Jun 24, 2022 · In general, city employees’ personnel records and most other city documents are subject to public inspection under the Tennessee Public Records Act. When the Tennessee Public Records Act was enacted in 1957, it provided only two statutory exceptions. The Tennessee Public Records Act allows for most records to be retained, but there are certain exceptions and limitations for specific types of records. 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 14, 2018 · When the Tennessee Public Records Act was first adopted in 1957, it only provided for two such exemptions—medical records of patients in state hospitals, and military records involving national and state security. The policy adopted shall not impose requirements on those requesting records that are more burdensome 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. Sep 10, 2024 · Created in 2008 Helps citizens and government officials better understand Tennessee’s laws on public records and open meetings. Jan 19, 2023 · The 113th Tennessee General Assembly is underway. Certain records may be exempt from disclosure due to privacy concerns or legal restrictions. A public record “includes but is not limited to all Pursuant to Tenn. 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. ) and the Tennessee Open Meetings Act (T. Nov 30, 2016 · § 3; 2013, § 10-7-502. Feb 8, 2018 · Significant, but outside the scope of his study, Mumpower noted that the 538 exceptions are by no means all the exceptions to the public records act. The Tennessee freedom of information act, foia is a law that allows citizens partial or full access to government public records. A public record is defined as “all documents, papers instead showed five officers beating him to death even as he attempted to comply with their orders. 0-7-502. 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: ANALYSIS The Tennessee Public Records Act, Tenn. Some exceptions that affect local government are: Mar 22, 2016 · When the Tennessee Public Records Act was first adopted in 1957, it only provided for two such exemptions—medical records of patients in state hospitals, and military records involving national and state security. 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 A report shows there are 538 exemptions to Tennessee's public records law, about six times as many as there were three decades ago. Aug 26, 2018 · The exemptions have grown to 563, but there is a new committee looking into paring those down. §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 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 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. Frequently asked questions Do I have to provide identification when requesting public records? How quickly does the government have to respond to my records request? Can a government entity require that all public records requests go through a public records request coordinator? Can public meetings be held through conference call or video Jul 2, 2025 · The Tennessee Public Records Act (TPRA), codified at Tenn. MISCELLANEOUS PROVISI . A All busin . tn. These are only the ones in the Tennessee Code. Bill Lee’s office has used a controversial public records exemption to deny over 60 requests from local journalists, residents, and state representatives since 2019, which experts 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. Tenn. Tennessee Public Records Act § 10-7-501 University Counsel T. 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. The two sections of statute that define “public records” also identify who must provide access, and the legislature added another category in 2008 when it succinctly acknowledged a landmark 2002 state Supreme Court decision applying the law to certain private businesses and nonprofit entities. Some exceptions that affect local government are: “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”. comptroller. 01 PURPOSE AND SCOPE. ” The Tennessee Supreme Court held: 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. § 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. 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. Appendix C: New and Amended Exceptions tothe Tennessee Public Records Act 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 Office of Open Records Counsel answers questions and provides information about the Tennessee Public Records Act and Tennessee Open Meetings Act. We cover topics such as how to receive public record requests, how to respond to It's important to note that while the Tennessee Public Records Act grants broad access to governmental records, there are exceptions. Tennessee Public Records Act NNOTATED *** CURRENT THROUGH THE 2013 SESSION *** 0. The Tennessee Public Records Act and Exceptions to the Act Tenn. 10-7-503, presumes that all state, county, and municipal records are open for public inspection unless a legal exemption applies. The Tennessee Public Records Act grants Tennessee citizens the right to access state, county and municipal public records. [5] Office of Open Records Counsel Created in 2008 Helps citizens and government officials better understand Tennessee’s laws on public records and open meetings. Tennessee's public record law (Tenn. Some seek to expand access, while other proposals would put in place new restrictions. Others aren’t uniform. This includes sensitive information like social security numbers, certain law enforcement investigatory records, and other data protected by state or federal law. A “public record” is defined as “all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output 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. 8-44-101 et seq. Statutory Exemptions to the Tennessee Public Records Act — August 2020 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. As such, we will focus our attention on what TPRA provides and some important exceptions to provided therein. A number of bills deal with public records. 1. Under the Tennessee Public Records Act, exemptions refer to categories of records or information that are not subject to public disclosure. § 10-7-503(a)(2)(A), provides that “[a]ll state, county and municipal records” are open for personal inspection by any citizen of Tennessee unless otherwise provided by state law. The Tennessee Public Records Act helps ensure government accountability and transparency by providing Tennessee citizens access to public records. Two broad exemptions to the Tennessee Public Records Act in the bill say: "The department may maintain any information or records collected or Jan 5, 2023 · Tennessee Gov. Any photograph, microphotograph or photographic film of any state, county, or municipal public record is deemed to be an original record for all purposes, including introduction into evidence in all courts or administrative agencies. This list includes links to state public record statues that cover Public Records Acts/Freedom of Information Act Citations, as well as the provisions relevant to legislative exemptions and confidentiality. The starting point for a discussion of the law in this area is the declaration found in T. ] 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. cc/exceptions. 2021 Tennessee Code Title 10 - Public Libraries, Archives and Records Chapter 7 - Public Records Part 5 - Miscellaneous Provisions § 10-7-503. [2] Mar 17, 2025 · A newly-created immigration enforcement office will be largely kept secret after being exempt from state public records laws. Nov 20, 2022 · TPRA Exceptions As we discussed in Part I, courts have broadly interpreted TPRA requiring disclosure of information absent a statutory exception. ), must establish a written public records policy properly adopted by the appropriate governing authority by July 1, 2017. New and Amended Exceptions to the Tennessee Public Records Act Appendix A May 2018 Jun 3, 2019 · There are nearly 600 exemptions to the Tennessee Public Records Act, and the list keeps growing. . If a person does not possess photo Jan 29, 2025 · Under current law, ongoing criminal investigations are exempt from the Public Records Act, along with numerous other exemptions. 232 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 Statutory Exemptions to the Tennessee Public Records Act — November 2022 each relevant exempting provision. Some exemptions are obvious, including Social Security numbers, financial routing codes and medical records of people treated at state or local government hospitals. edu). 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). Jan 30, 2018 · The report doesn’t include other exceptions that may be in Tennessee court rules, federal law, common law or agency rules. gov Disclaimer Comptroller of the Treasury Jason E. 563 exemptions included in the Tennessee Public Records Act No option to appeal decisions. 30, 2018, released a report identifying 538 statutory exceptions to the Tennessee Public Records Act. 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 Sep 30, 2018 · Tennessee Coalition for Open Government recently provided the Open Records Ad Hoc Committee 13 exemptions or categories of exemptions that are interfering with the public's right to know what government is doing. Tennessee Public Records Act 10/04/2023 Dear Reader The following document was created from the Municipal Technical Advisory Services website (mtas. Deborah Fisher, executive director of the Tennessee Coalition for Open Government, said the bill should be changed to make it more narrow, instead of giving the department full confidentiality. § 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. The number of exceptions has grown substantially over the years. 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 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. “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 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. 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 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. Code Ann. Oftentimes, when persons request documents or districts respond to requests, the issue is not an whether an exception applies but rather if the requested documents are public records by 20. If no topics are selected, all topics will be searched. 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. C. These exemptions are established to protect certain interests, such as privacy, security, or ongoing investigations. § 10-7-503(g), every governmental entity subject to the Tennessee Public Records Act (“TPRA”) (Tenn. § 10-7-503(a) (2) (A), allows any Tennessee resident the right to inspect or obtain copies of public records or electronically stored data maintained by the University subject to some exceptions. 2501 www. §10-7-503(a state, Tennessee ess h ess shall h urs, county )(2)(A): Feb 6, 2021 · The Office of Open Records Counsel on Jan. PUBLIC RECORDS PART 5. ). PUBLIC LIBRARIES, AR HIVES AND RECORDS CHAPTER 7. 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. 11. 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. We’ve been around since 2003 helping people with public records and open meetings issues. 0690-06-02-. 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. The Office of Open Records Counsel on Jan. 741. 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. Deborah Fisher is executive director of Tennessee Coalition for Open Government. The Tennessee Public Records Act helps ensure government accountability and transparency by providing Tennessee citizens access to public records. gov Tennessee Public Records Act § 10-7-501 University Counsel T. tion – chedule of reasonable charges – Co 10-7-504. § 10-7-503, that requires local and state public agencies to make records available for inspection by the public. 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 In July 2021, the Ofice released its annual Legislative Update and updated its report on exceptions to the Tennessee Public Records Act to reflect 32 new or amended exceptions passed during the first session of the 112th General Assembly. [2] 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. 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. §§ 10-7-101 to 10-7-702) has a very broad definition of what is "public," but under Tenn 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 THE TENNESSEE DEPARTMENT OF REVENUE Pursuant to Tenn. 2775 To Report Fraud, Waste & Abuse: Submit a report online here or call the toll-free hotline at 1. § 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 Apr 16, 2025 · All 50 states have enacted laws requiring certain government records to be open to the public to increase transparency and public awareness of government decision-making. | Manuals and Guides TENNESSEE’s PUBLIC RECORDS ACT – THE BASICS I. (dd) The records of the Megasite Authority of West Tennessee, created pursuant to the Megasite Authority of West Tennessee Act of 2021, compiled in title 64, chapter 9, are open to public inspection subject to § 64-9-113. 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. ” Yet that broad definition is somewhat Careers Public Records Request Contact Us Important Links Tennessee General Assembly Department of State Department of Treasury TN. How does Tennessee balance the need for transparency with the protection of sensitive information when it comes to exemptions and limitations on public records? Tennessee balances the need for transparency with the protection of sensitive information by following laws and guidelines set forth in the Tennessee Public Records Act. 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. A. 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. The Tennessee Public Records Act, found in Tennessee Code Title 10, Chapter 7, stipulates that records requests "may be submitted in person or by telephone, fax, mail, or email if the governmental entity uses such means of communication to transact official business, or via internet portal if the 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. 800. 10-7-501 et seq. pqyyqascgpeltlqnteyyrugpwhpyfcfjinyrjanaflklwjymg