O.C.G.A.

O.C.G.A. § 50-18-101 (2019)

Use of confidential, classified, or restricted records for research; limitations

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Records that by law are confidential, classified, or restricted may be used for research purposes by private researchers providing that:

(1) The researcher is qualified to perform such research;

(2) The research topic is designed to produce a study that would be of potential benefit to the state or its citizens; and

(3) The researcher will agree in writing to protect the confidentiality of the information contained in the records. When the purpose of the confidentiality is to protect the rights of privacy of any person or persons who are named in the records, the researcher must agree not to refer to the persons, either in his notes or in his finished study or in any manner, in such a way that they can be identified. When the purpose of the confidentiality is to protect other information, the researcher must agree not to divulge that information.

(b) The head of the agency that created the records, or his designee, shall determine whether or not the researcher and his research topic meet the qualifications set forth in subsection (a) of this Code section prior to accepting the signed agreement from the researcher and granting permission to use the confidential records.

(c) The use of such confidential records for research shall be considered a privilege and the agreement signed by the researcher shall be binding on him. Researchers who violate the confidentiality of these records shall be punished in the same manner as would government employees or officials found guilty of this offense.

History

Ga. L. 1975, p. 675, § 11.

Annotations

Cross references. - Confidentiality of raw research data, § 24-12-2. OPINIONS OF THE ATTORNEY GENERAL Private researchers allowed access to criminal history records. - Georgia Crime Information Center is permitted to allow private researchers access to crimi-

nal history record information and to impose such conditions on that access as the center deems appropriate. 1975 Op. Att’y Gen. No. U75-78.

RESEARCH REFERENCES Am. Jur. 2d. - 66 Am. Jur. 2d, Records and Recording Laws, §§ 17, 22 et seq. C.J.S. - 76 C.J.S., Records, §§ 44, 48 et seq.

ALR. - Restricting access to judicial records, 175 A.L.R. 1260.