Miss. Code, §§25-61-1, et seq.
Exemptions to Disclosure
The following records are exempt:
- Public interest best served by nondisclosure;
- Archaeological records (see § 39-7-41);
- Attorney work product (see § 25-1-102);
- Environmental self-evaluation reports (see § 49-2-71);
- Records which best serve the public interest by non-public disclosure. Miss. Code Ann. § 25-59-27
- Confidential information §25-61-11.
The following records are not subject to examination or copying:
- Trade secrets and confidential commercial and financial information of a proprietary nature developed by a college or university under contract with a firm, business, partnership, association, corporation, individual or other like entity shall not be subject to inspection, examination, copying or reproduction under this chapter.
- Any person
- In accordance with “reasonable written procedures,” notice of which must be publicly given; if agency lacks written procedures, requestor’s written request must be granted within one working day; in no event can agency authorize itself to respond to request later than 7 working days
- If records cannot be produced within 7 working days, custodian must provide written explanation as to why, and absent mutual agreement, date for production cannot be any later than 14 working days following original request
- Denials must be in writing, contain statement of specific exemptions relied upon, and kept on file for at least 3 years; must be available for inspection and/or copying during regular office hours to any person upon written request
- Fees charged must be reasonable; cannot exceed actual cost; custodians who charge unreasonable fees may be personally liable civilly for up to $100/violation
- Can appeal denial to chancery court; have option of first requesting opinion of Mississippi Ethics Commission on whether access is required; court can move on its own to privately view the records to aid in determination as to whether public or not
Destruction of Public Records
- Must have consent of director
- Must submit lists and schedules of records proposed for disposal
- The Director has 60 days to respond to any request for the destruction of public records.