TITLE 20 EDUCATION

Section 3. Postsecondary Education, 20-3-1 through 20-3-660.

ARTICLE 11 GEORGIA HIGHER EDUCATION SAVINGS PLAN

20-3-642. Records not open to public inspection; duration.

1. The provisions of Article 4 of Chapter 18 of Title 50 notwithstanding, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
   1. Completed savings trust account applications, executed savings trust account agreements, and savings trust account numbers;
   2. All wiring or automated clearing house transfer of funds instructions;
   3. Records of savings trust account transactions and savings trust account analysis statements received or prepared by or for the plan;
   4. All bank account numbers in the possession of the plan and any record or document containing such numbers;
   5. All proprietary computer software in the possession or under the control of the plan; and
   6. All security codes and procedures related to physical, electronic, or other access to any savings trust account or the trust fund, its systems, and its software.
2. For a period from the date of creation of the record until the end of the calendar quarter in which the record is created, the following records, or portions thereof, of the trust fund shall not constitute public records and shall not be open to inspection by the general public:
   1. Investment trade tickets; and
   2. Bank statements.
3. The restrictions of subsections (a) and (b) of this Code section shall not apply to access:
   1. Required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the plan is a party;
   2. In prosecutions or other court actions to which the State of Georgia or the plan is a party;
   3. Given to federal or state regulatory or law enforcement agencies;
   4. Given to any person or entity in connection with a savings trust account to which such person or entity is the account owner or given to any person in connection with a savings trust account of which such person is the beneficiary; or
   5. Given to the board or any member, employee, or contractor thereof for use and public disclosure in the ordinary performance of its duties pursuant to this article.

(Code 1981, §20-3-642, enacted by Ga. L. 2001, p. 76, § 1; Ga. L. 2002, p. 372, § 14; Ga. L. 2002, p. 415, § 20.)