Joan L. Lucas – General Counsel325-8131

jlucas@legal.msstate.edu

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

Call or E-mail Us Anytime325-8131

mball@legal.msstate.edu