joan l. lucas – general counsel 325-8131 [email protected]
TRANSCRIPT
Mississippi Public Records Act of 1983 - Mississippi Code Annotated Sections 25-61-1 et seq.
United States Freedom of Information Act of 1966, United States Code Sections 5 U.S.C. 552 et seq.
MSU Policy OP 06.04
Strong public policy that public records are public property and should be available to the public
“Providing access to records is a duty of each public body”
General Rule: EVERYTHING is available to the public
BUT: There are exceptions
What: All records, papers, accounts and any other documentary materials prepared, possessed or retained for use or required to be maintained by a public body
But no obligation to create a record
When: Must respond within 7 days from the date of the request
How much: Hourly rate of lowest paid employee qualified to perform task plus the cost of the materials
Must be:WrittenSignedDated
NOT: Verbal
NOT: E-mail
Trade Secrets
Confidential Commercial Information of a Proprietary Nature
Confidential Financial Information of a Proprietary Nature
Must be developed by a college or university under contract with an individual, business, etc.
Records furnished by a third parties containing trade secrets or proprietary information:Give third party notice of request for opportunity
to obtain court order protecting information from disclosure
If no court order within a reasonable time, information must be produced
Personnel Files
Most academic records
Attorney-client privilege/Attorney work product
Exemption under federal law
“No rule, regulation, order or part of this chapter shall be construed to require a research facility to disclose publicly or to the Institutional Animal Committee during its inspection, trade secrets or commercial or financial information which is privileged or confidential.” 7 U.S.C. § 2143
Note: There are penalties for unlawful disclosure of confidential information of a research facility by IACUC members. 7 U.S.C. § 2157
Federally Funded Projects
OMB Circular – A-110
More limited scope than MS Public Records Act
Provides for public access under certain circumstances to “research data” obtained through grants and other federal assistance.
Applies to:Research data first produced in a project that is
supported with federal fundsAND Cited publicly by a federal agency in support of an
action that has the force and effect of law
“Research data” = recorded factual material commonly accepted in the scientific community as necessary to validate research findings.
NOT: drafts, peer reviews, communications between colleagues, trade secrets, information that should remain confidential until publication, personal identifiers.
1. Contact general counsel immediately
2. Do not communicate with the requesting party
