The Alabama Public Information Act underwent significant revisions effective October 1, 2024. These changes aim to enhance transparency and public access to government records while addressing concerns related to privacy and security. Here's a breakdown of the key modifications:

Expanded Scope of Public Records

The revised law now explicitly defines "public record" to include a broader range of materials, such as:

• Electronic communications: Emails, texts, instant messages, and social media posts related to official government business.
• Audio and video recordings: Recordings of public meetings, interviews, and other official government activities.
• Data bases and data sets: Electronic records containing information collected, maintained, or used by government agencies.

This expansion aims to ensure that the public has access to a more comprehensive set of government records.

Increased Public Access

The revised law strengthens the public's right to inspect and copy public records. It includes provisions that:

• Reduce waiting periods: Government agencies are now required to respond to public record requests within a shorter timeframe, typically 7-10 business days.
• Clarify fees: The law provides clearer guidance on the fees that agencies can charge for copying and inspecting public records, helping to prevent excessive charges.
• Establish appeal procedures: Individuals who are denied access to public records can now appeal the decision to a designated state official.

These changes make it easier for the public to obtain government information and hold officials accountable.

Privacy and Security Protections

While the revised law expands public access, it also includes provisions to protect privacy and security interests. These include:

• Exemptions for sensitive information: Certain types of information, such as personal information, trade secrets, and law enforcement records, may be exempt from disclosure.
• Confidentiality agreements: The law allows for the use of confidentiality agreements when necessary to protect sensitive information.
• Data security requirements: Government agencies are required to implement reasonable security measures to protect public records from unauthorized access, disclosure, alteration, or destruction.

These measures help to balance the public's right to know with the need to protect sensitive information.

Impact of the Changes

The revisions to the Alabama Public Information Act are expected to have a significant impact on transparency and accountability in the state. By expanding the definition of public records, increasing public access, and protecting privacy and security interests, the law aims to promote a more open and responsive government.

It is important for both government officials and the public to understand the revised law and its implications. Government agencies must ensure compliance with the law and adopt policies and procedures to facilitate public access to records. The public should be aware of their rights under the law and how to request public records.

The Alabama Public Information Act serves as a valuable tool for citizens to hold their government accountable and ensure that public officials are acting in the best interests of the people. By understanding and utilizing this law, individuals can play an active role in shaping the future of their state.

Read the full text of Section 36-12-40 of the Code of Alabama.