(e) This article shall not be construed to repeal:
(1) The attorney-client privilege recognized by state law to the
extent that a record pertains to the requesting or giving of legal
advice or the disclosure of facts concerning or pertaining to
pending or potential litigation, settlement, claims,
administrative proceedings, or other judicial actions brought or
to be brought by or against the agency or any officer or employee;
provided, however, attorney-client information may be obtained in
a proceeding under Code Section 50-18-73 to prove justification or
lack thereof in refusing disclosure of documents under this Code
section provided the judge of the court in which said proceeding
is pending shall first determine by an in camera examination that
such disclosure would be relevant on that issue;
(2) The confidentiality of attorney work product; or
(3) State laws making certain tax matters confidential.
(f)(1) As used in this article, the term:
(A) "Computer program" means a set of instructions, statements,
or related data that, in actual or modified form, is capable of
causing a computer or computer system to perform specified
functions.
(B) "Computer software" means one or more computer programs,
existing in any form, or any associated operational procedures,
manuals, or other documentation.
(2) This article shall not be applicable to any computer program
or computer software used or maintained in the course of operation
of a public office or agency.
(g) This Code section shall be interpreted narrowly so as to exclude
from disclosure only that portion of a public record to which an
exclusion is directly applicable. It shall be the duty of the
agency having custody of a record to provide all other portions of a
record for public inspection or copying.
(h) Within the three business days applicable to response to a
request for access to records under this article, the public officer
or agency having control of such record or records, if access to
such record or records is denied in whole or in part, shall specify
in writing the specific legal authority exempting such record or
records from disclosure, by Code section, subsection, and paragraph.
No addition to or amendment of such designation shall be permitted
thereafter or in any proceeding to enforce the terms of this
article; provided, however, that such designation may be amended or
supplemented one time within five days of discovery of an error in
such designation or within five days of the institution of an action
to enforce this article, whichever is sooner; provided, further,
that the right to amend or supplement based upon discovery of an
error may be exercised on only one occasion. In the event that such
designation includes provisions not relevant to the subject matter
of the request, costs and reasonable attorney's fees may be awarded
pursuant to Code Section 50-18-73.