Records

ORS 192.314
Right to inspect public records

  • notice to public body attorney

(1)

Every person has a right to inspect any public record of a public body in this state, except as otherwise expressly provided by ORS 192.338 (Exempt and nonexempt public record to be separated), 192.345 (Public records conditionally exempt from disclosure) and 192.355 (Public records exempt from disclosure).
(2)(a) If a person who is a party to a civil judicial proceeding to which a public body is a party, or who has filed a notice under ORS 30.275 (Notice of claim) (5)(a), asks to inspect or to receive a copy of a public record that the person knows relates to the proceeding or notice, the person must submit the request in writing to the custodian and, at the same time, to the attorney for the public body.

(b)

For purposes of this subsection:

(A)

The attorney for a state agency is the Attorney General in Salem.

(B)

“Person” includes a representative or agent of the person. [Formerly 192.420]

See also annotations under ORS 192.010 and 240.120 in permanent edition.

Notes of Decisions

This statute creates right of access to public records that is not dependent on the requestor’s need or motivation; a public body may not refuse to produce records subject to inspection under this section just because requestor already possesses them; and plaintiff’s possession of the records does not justify trial court’s refusal to declare the records public and subject to disclosure. Smith v. School District No. 45, 63 Or App 685, 666 P2d 1345 (1983), Sup Ct review denied

The public interest in disclosure of public records was not satisfied by “disclosure” of summarizing document, regardless of whether summary satisfied individual need of requesting party. Coos County v. Ore. Dept. of Fish and Wildlife, 86 Or App 168, 739 P2d 47 (1987), Sup Ct review denied

Public body was not required to disclose protected health information contained in tort claim notices because unauthorized disclosure of protected health information is prohibited under public records law. Or. Health & Sci. Univ. v. Oregonian Publ. Co., LLC, 362 Or 68, 403 P3d 732 (2017)

Attorney General Opinions

Background materials concerning agenda matters for city and county governing bodies as public records, (1978) Vol 38, p 1761

Source

Last accessed
Mar. 11, 2023

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