Alabama Public Records Laws

Citations

Code of Alabama, Title 41, Chapter 13 and
Code of Alabama, Title 36, Chapter 12, Article 3 (Section 36-12-40)

• Rights of citizens to inspect and copy public writings; exceptions.
  • http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/36-12-40.htm
• Destruction/Preservation of state records
  • http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/41-13-21.htm
  • http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/41-13-5.htm

Exemptions to Disclosure

Exempted records include:

• Records the disclosure of which presents potential security risks, or danger to public safety or welfare
• Pending criminal investigations
• Sensitive personnel records [e.g. personnel records with identifying information [§ 41-13-7]
• Registration and circulation records in college and university libraries
• Not just public safety but also “records the disclosure of which would otherwise be detrimental to the best interests of the public.” § 36-12-40.

Access Rights

• Burden and expense of copying the writings and taking the copies must be borne by the citizen or his or her agent as provided by law . . . or as required by such reasonable safeguards as the custodian may impose
• Policy in favor of access
• Every citizen

Destruction of Public Records

• § 41-13-5 – “insignificant” records can be destroyed, w/ authorization of Commission