I will set forth the specific code section in its entirety following my
response to this morning's post. I will break it up into four enumerated
parts.
The law prohibits the government from giving this information out. It does
not prohibit anyone from supplying this information who is not a government
employee, agent, official or actor. While the information which this
section seeks to prevent the distribution of where live persons are the
subject of the information, the State of Georgia Archives Department has
effectively stopped giving out any information of this nature.
If this law applied to private persons, could you imagine the plethora of
credit card companies and educational institutions which might force you to
disclose this information, thereby subjecting yourself to criminal
prosecution including fines or incarceration?
We are not a state agency. We are not part of any governmental entity of
which I am aware, thus, this law does not apply to the GenWeb Project or to
any private genealogical information release.
Richard
50-18-72.
(a) Public disclosure shall not be required for records that are:
(1) Specifically required by the federal government to be kept
confidential;
(2) Medical or veterinary records and similar files, the
disclosure of which would be an invasion of personal privacy;
(3) Except as otherwise provided by law, records compiled for law
enforcement or prosecution purposes to the extent that production
of such records would disclose the identity of a confidential
source, disclose confidential investigative or prosecution
material which would endanger the life or physical safety of any
person or persons, or disclose the existence of a confidential
surveillance or investigation;
(4) Records of law enforcement, prosecution, or regulatory
agencies in any pending investigation or prosecution of criminal
or unlawful activity, other than initial police arrest reports and
initial incident reports; provided, however, that an investigation
or prosecution shall no longer be deemed to be pending when all
direct litigation involving said investigation and prosecution has
become final or otherwise terminated;
(4.1) Individual Georgia Uniform Motor Vehicle Accident Reports,
except upon the submission of a written statement of need by the
requesting party, such statement to be provided to the custodian
of records and to set forth the need for the report pursuant to
this Code section; provided, however, that any person or entity
whose name or identifying information is contained in a Georgia
Uniform Motor Vehicle Accident Report shall be entitled, either
personally or through a lawyer or other representative, to receive
a copy of such report; and provided, further, that Georgia Uniform
Motor Vehicle Accident Reports shall not be available in bulk for
inspection or copying by any person absent a written statement
showing the need for each such report pursuant to the requirements
of this Code section. For the purposes of this subsection, the
term "need" means that the natural person or legal entity who is
requesting in person or by representative to inspect or copy the
Georgia Uniform Motor Vehicle Accident Report:
(A) Has a personal, professional, or business connection with a
party to the accident;
(B) Owns or leases an interest in property allegedly or actually
damaged in the accident;
(C) Was allegedly or actually injured by the accident;
(D) Was a witness to the accident;
(E) Is the actual or alleged insurer of a party to the accident
or of property actually or allegedly damaged by the accident;
(F) Is a prosecutor or a publicly employed law enforcement
officer;
(G) Is alleged to be liable to another party as a result of the
accident;
(H) Is an attorney stating that he or she needs the requested
reports as part of a criminal case, or an investigation of a
potential claim involving contentions that a roadway, railroad
crossing, or intersection is unsafe;
(I) Is gathering information as a representative of a news media
organization; or
(J) Is conducting research in the public interest for such
purposes as accident prevention, prevention of injuries or
damages in accidents, determination of fault in an accident or
accidents, or other similar purposes; provided, however, this
subparagraph will apply only to accident reports on accidents
that occurred more than 30 days prior to the request and which
shall have the name, street address, telephone number and
driver's license number redacted;
(5) Records that consist of confidential evaluations submitted to,
or examinations prepared by, a governmental agency and prepared in
connection with the appointment or hiring of a public officer or
employee; and records consisting of material obtained in
investigations related to the suspension, firing, or investigation
of complaints against public officers or employees until ten days
after the same has been presented to the agency or an officer for
action or the investigation is otherwise concluded or terminated,
provided that this paragraph shall not be interpreted to make such
investigatory records privileged;
(6)(A) Real estate appraisals, engineering or feasibility
estimates, or other records made for or by the state or a local
agency relative to the acquisition of real property until such
time as the property has been acquired or the proposed
transaction has been terminated or abandoned; and
(B) Engineers' cost estimates and pending, rejected, or deferred
bids or proposals until such time as the final award of the
contract is made, or the project is terminated or abandoned.
The provisions of this subparagraph shall apply whether the bid
or proposal is received or prepared by the Department of
Transportation pursuant to Article 4 of Chapter 2 of Title 32,
by a county pursuant to Article 3 of Chapter 4 of Title 32, by a
municipality pursuant to Article 4 of Chapter 4 of Title 32, or
by a governmental entity pursuant to Article 2 of Chapter 91 of
Title 36;
(7) Notwithstanding any other provision of this article, an agency
shall not be required to release those portions of records which
would identify persons applying for or under consideration for
employment or appointment as executive head of an agency as that
term is defined in paragraph (1) of subsection (a) of Code Section
50-14-1, or of a unit of the University System of Georgia;
provided, however, that at least 14 calendar days prior to the
meeting at which final action or vote is to be taken on the
position, the agency shall release all documents which came into
its possession with respect to as many as three persons under
consideration whom the agency has determined to be the best
qualified for the position and from among whom the agency intends
to fill the position. Prior to the release of these documents, an
agency may allow such a person to decline being considered further
for the position rather than have documents pertaining to the
person released. In that event, the agency shall release the
documents of the next most qualified person under consideration
who does not decline the position. If an agency has conducted its
hiring or appointment process open to the public, it shall not be
required to delay 14 days to take final action on the position.
The agency shall not be required to release such records with
respect to other applicants or persons under consideration, except
at the request of any such person. Upon request, the hiring
agency shall furnish the number of applicants and the composition
of the list by such factors as race and sex. The agency shall not
be allowed to avoid the provisions of this paragraph by the
employment of a private person or agency to assist with the search
or application process;
----- Original Message -----
From: Barbara Smallwood Stock (by way of Tim Stowell
<tstowell(a)chattanooga.net>) <bstockatlcom.net(a)mindspring.com>
To: <GAGEN-L(a)rootsweb.com>
Sent: Monday, October 22, 2001 1:27 AM
Subject: RE: [GAGEN] RECORDS IN GEORGIA
As I understand the law cited, it refers only to identifying
information
relating to living persons. Perhaps someone at the state archives could
clarify this.
Barbara Smallwood Stock
-----Original Message-----
From: Richard R. Pettys, Jr. [mailto:rpettys@smyrnacable.net]
Sent: Monday, October 15, 2001 5:26 PM
To: GAGEN-L(a)rootsweb.com
Subject: Re: [GAGEN] RECORDS IN GEORGIA
Well, inasmuch as we are not a state agency, it has absolutely zero affect
upon our operation and the information that we either possess or
disseminate. It is not a crime to provide the information, only unlawful
for the State of Georgia to provide the information.
it is further my opinion that this is an unconstitutional act and would
not
be upheld by any court of competent jurisdiction.
So, the short answer is that we have no worries. If you would like the
long
diatribe answer, please email me off the list.
Richard Pettys, Jr.
----- Original Message -----
From: Liz Robertson <twoaunts(a)worldnet.att.net>
To: <GAGEN-L(a)rootsweb.com>
Sent: Monday, October 15, 2001 4:35 PM
Subject: Re: [GAGEN] RECORDS IN GEORGIA
> The below comments were sent to me today and if it was circulated last
year,
> I missed it. What does this mean as far as the records we have on the
> Georgia web pages are concerned?
>
> Liz Robertson
> Haralson Co., Asst. Coordinator
>
> "Georgia Senate Bill 205 last year was modified by one legislator in a
> bit of "midnight madness," without review by any state agencies. In a
> misguided and failed attempt to protect public privacy, the bill now
> bans from public use any record, created at any time, that gives the
> birth surname name of any person's mother. The result of this is that
> Georgia Department of Archives and History has now closed to the public
> its genealogical files. Some Georgia counties are now refusing to allow
> the public from seeing even ancient marriage records.
>
> We all need to write to anyone and everyone in the Georgia legislature
> to have this part of the bill repealed or amended. It really protects no
> one's privacy as any criminal can easily circumvent the law and with no
> fear of being caught. The bill only inconveniences honest citizens like
> yourself from accessing records for legitimate purposes. I agree with
> your wife that information from birth and death certificates should also
> be made available to the general public, in an unrestricted manner,
> through unofficial copies."
>
>
>
>
> ==== GAGEN Mailing List ====
> Confused about Copyrights??? Review USGenWeb's policy on copyrights at:
>
http://www.usgenweb.org/volunteers/copyright.html
>
==== GAGEN Mailing List ====
Got a problem? Contact your RC or ASC at GAGENWEB-L(a)rootsweb.com
==== GAGEN Mailing List ====
Regional Coordinators are there to help County Coordinators. Don't
hesitate to contact them should you have any, any question. To find
info on your region visit
http://www.rootsweb.com/~gagenweb/regional.html