§ 36-12-40 — Rights of Citizens to Inspect and Copy Public Writings; Exceptions

Alabama § 36-12-40

• Jurisdiction: Alabama
• Title 36: Public Officers and Employees
• Ch. 12: Maintenance, Use, Etc., of Public Property, Records, Etc
• Art. 3: Inspection and Copying of Records

Text

(a) Every resident has a right to inspect and take a copy of any public record of this state, except as otherwise expressly provided by applicable law. Provided however, registration and circulation records and information concerning the use of the public, public school, or college and university libraries of this state shall be exempted from this section. Provided further, any parent of a minor child shall have the right to inspect the registration and circulation records of any school or public library that pertain to his or her child. Notwithstanding the foregoing, records concerning security plans, procedures, assessments, measures, or systems, and any other records relating to, or having an impact upon, the security or safety of persons, structures, facilities, or other infrastructures, including without limitation information concerning critical infrastructure, as defined at 42 U.S.C. § 5195c(e), and critical energy infrastructure information, as defined at 18 C.F.R. § 388.113(c)(1), the public disclosure of which could reasonably be expected to be detrimental to the public safety or welfare, and records the disclosure of which would otherwise be detrimental to the best interests of the public shall be exempted from this section. Any public officer who receives a request for records that may appear to relate to critical infrastructure or critical energy infrastructure information, shall notify the owner of such infrastructure in writing of the request and provide the owner an opportunity to comment on the request and on the threats to public safety or welfare that could reasonably be expected from public disclosure of the records.
(b) For purposes of this article, the judicial branch of state government and any office identified in Article VI of the Constitution of Alabama of 2022, are exempted from the requirements of Sections 36-12-43 through 36-12-45.

Legislative History

(Code 1923, §2695; Code 1940, T. 41, §145; Acts 1983, No. 83-565, p. 866, §3; Act 2004-487, p. 906, §1; Act 2024-278, §1.)