J385: Communication Law Home Page


 

OREGON PUBLIC RECORDS ACT(1973)

ORS 192.420-192.502

Definitions

Exemptions

Oregon Access: State Records


Every person* has a right to inspect any public record of a public body except as otherwise expressly provided by ORS 192.500.

  • "Person" includes any natural person, corporation, partnership, firm or association.


PUBLIC BODY

EVERY STATE AND LOCAL GOVERNMENT BODY, AGENCY, DEPARTMENT, BOARD, BUREAU, DIVISION, ETC.


PUBLIC RECORD

writing containing information relating to the conduct of the public's business, prepared, owned, used or retained by a public body.


FEES

The "actual cost" of the search, review, copying, and inspection supervision.

 


EXEMPTIONS

Conditional Exemptions

ORS 192.502: Records are exempt conditioned by balancing tests defined in the specific exemption.


ORS192.501: Records are exempt "unless the public interest requires disclosure in this particular instance.


Unconditional Exemptions

E.g. Presentence and Probation Reports, Security Records for transportation of radioactive waste.

Exempt by other state statute

Names and Addresses of private citizens

Department of Motor Vehicle Records

Partial List of Exemptions


192.410. Definitions for ORS 192.410 to 192.505. As used in ORS 192.410 to 192.505: (1) "Custodian" means: (a) The person described in ORS 7.110 for purposes of court records; or (b) A public body mandated, directly or indirectly, to create, maintain, care for or control a public record. "Custodian" does not include a public body that has custody of a public record as an agent of another public body that is the custodian unless the public record is not otherwise available.


(2) "Person" includes any natural person, corporation, partnership, firm or association.


(3) "Public body" includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.


(4) "Public record" includes any writing containing information relating to the conduct of the public's business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.


(5) "State agency" means any state officer, department, board, commission or court created by the Constitution or statutes of this state but does not include the Legislative Assembly or its members, committees, officers or employees insofar as they are exempt under section 9, Article IV of the Oregon Constitution.


(6) "Writing" means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings.

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