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]

(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)

Atty. Gen. Opinions

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

§§ 192.311 to 192.478

(formerly 192.410 to 192.505)

Notes of Decisions

Failure of legislature to include reference to courts and court records such as those particularly named in ORS 192.005 tells against application of these sections to courts. State ex rel KOIN-TV v. Olsen, 300 Or 392, 711 P2d 966 (1985)

School district's blanket policy exempting public records from disclosure without individualized showing, violates public records law and is therefore unenforceable. Guard Publishing Co. v. Lane County School Dist., 310 Or 32, 791 P2d 854 (1990)

Atty. Gen. Opinions

Financial statements of hospitals as public records, (1974) Vol 36, p 893; criminal records subject to Public Records Law, (1974) Vol 37, p 126; power of county to refuse the right to copy maps, which are public records, with an individual's own equipment and to refuse to supply magnetic tape containing public records, (1979) Vol 39, p 721; Oregon Medical Insurance Pool is fundamentally private-sector body, under virtually total private control, created by state to fulfill public purpose and is not state agency or public body subject to Public Records Law, (1989) Vol 46, p 155; applicability to prison work program records, (1996) Vol 48, p 134; disclosure of personal information obtained from motor vehicle records, (1998) Vol 49, p 127

Law Review Citations

53 OLR 354-363 (1974); 55 OLR 354-359 (1976); 56 OLR 387 (1977)

Chapter 192

Atty. Gen. Opinions

Attorney General's Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; prohibition on disclosing marriage records, (1998) Vol 49, p 21


Source

Last accessed
Jun. 26, 2021