(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.
(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.)
Notes of Decisions
Blankenship v. City of Hoover, 590 So. 2d 245 (Ala. 1991).
· cites it 15× “The plaintiffs contend that Hoover's refusal to allow them "to inspect and copy *247 the documents requested [was] in violation of Alabama's `Open Records Act,' [Ala. Code 1975, § 36-12-40 et seq.]" and that "[s]aid refusal [was] not protected by any exception to disclosure nor…”
Birmingham News Co. v. Muse, 638 So. 2d 853 (Ala. 1994).
· cites it 22× “The issue is whether Auburn's response to the NCAA inquiry is a public writing subject to inspection and copying pursuant to Ala.Code 1975, § 36-12-40. Because the trial court entered a permanent injunction granting the News the relief it requested, the appeal from the earlier…”
McBurney v. Young, 133 S. Ct. 1709 (2013).
“, Ala.Code § 36-12-40 (2012 Cum.Supp.); Ark.”
Pryor v. Reno, 998 F. Supp. 1317 (M.D. Ala. 1998).
· cites it 4× “Alabama Code § 36-12-40, the “Open Records Act,” states, in relevant part: Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute.”
Tennessee Valley Printing Co. v. Health Care Auth. of Lauderdale Cnty., 61 So. 3d 1027 (Ala. 2010).
· cites it 8× “its reporters, Michelle Rupe Eubanks (hereinafter collectively referred to as “the TimesDaily”), appeal from the trial court’s judgment holding that the Health Care Authority of Lauderdale County and the City of Florence d/b/a Coffee Health Group (“the Health Care Authority”) do…”
Ex parte Gentry, 228 So. 3d 1016 (Ala. Civ. App. 2017).
· cites it 3× “Ala. Code 1975, § 36-12-40, grants the public the right to inspect and copy ‘public writings/' which term has been interpreted to include judicial records.”
State v. Martin, 4 So. 3d 1196 (Ala. Crim. App. 2008).
· cites it 3× “Ala.Code 1975, § 36-12-40, grants the public the right to inspect and copy ‘public writings,’ which term has been interpreted to include judicial records.”
Ex Parte State, 985 So. 2d 446 (Ala. 2007).
· cites it 2× “" The Open Records Act, § 36-12-40, Ala.Code 1975, provides: "Every citizen has a right to inspect and take a copy of any public writing of this state, except as otherwise expressly provided by statute.”
Hooper v. City of Montgomery, 482 F. Supp. 2d 1330 (M.D. Ala. 2007).
“Second, Defendants assert that the personnel files of former government employees are not confidential records, but instead are “considered public writings and are subject to disclosure under Alabama’s public records act,” as set out in § 36-12-40 of the Code of Alabama and an…”
Allen v. Barksdale, 32 So. 3d 1264 (Ala. 2009).
· cites it 5× “The request was pursuant to the Alabama Open Records Act, §§ 36-12-40 and -41, Ala.Code 1975. On November 14, 2006, SCHR again requested the reports from DOC.”
Craig v. Selma City Sch. Bd., 801 F. Supp. 585 (S.D. Ala. 1992).
· cites it 2× “In fact, plaintiffs’ counsel charged at the hearing that if the Board had received the report, then the Board would not be an impartial tribunal.”
Off Campus Coll. Bookstore, Inc. v. Univ. of Alabama in Huntsville, 25 So. 3d 423 (Ala. 2009).
· cites it 2× “("Off Campus"), appeals from a judgment of the Madison Circuit Court denying its information request to the University of Alabama in Huntsville ("UAH") made pursuant to the Alabama Open Records Act, § 36-12-40, Ala.Code 1975. We dismiss the appeal based on the lack of…”
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