Mississippi Code

Miss. Code Ann. § 25-1-100 (2026)

Certain personnel records exempt from public access requirements; exceptions

✓ current as of July 2026

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(1) Personnel records and applications for employment in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, except those which may be released to the person who made the application or with the prior written consent of the person who made the application, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(2) Test questions and answers in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, which are to be used in employment examinations, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(3) Letters of recommendation in the possession of a public body, as defined by paragraph (a) of Section 25-61-3, respecting any application for employment, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(4) Documents relating to contract authorization under Section 25-9-120 shall not be exempt from the provisions of Mississippi Public Records Act of 1983.

(5) Contracts for personal and professional services that are awarded or executed by any state agency, including, but not limited to, the Department of Information Technology Services and the Department of Transportation, shall not be exempt from the Mississippi Public Records Act of 1983.

Laws, 1983, ch. 424, § 12; Laws, 1994, ch. 401, § 2, eff. 3/15/1994.

Amended by Laws, 2015, ch. 431, HB 825, 3, eff. 7/1/2015.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1989–2026 · leading case: Cellular South, Inc. v. BellSouth Telecomm., Inc., 214 So. 3d 208 (Miss. 2017).

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Cellular South, Inc. v. BellSouth Telecomm., Inc., 214 So. 3d 208 (Miss. 2017). · cites it 38× “Following legislative amendments in 2015 to the Mississippi Public Records Act of 1983 and to Mississippi Code Section 25-1-100, CellularSouth sought production of the proposal and the contract between the Department and BellSouth.”

Mississippi Dep't of Wildlife, Fisheries & Parks v. Mississippi Wildlife Enf't Officers' Ass'n, 740 So. 2d 925 (Miss. 1999). · cites it 15× “The Department first asserts that the requested list of comp time for its public employees is exempt from disclosure under the provisions of Miss.Code Ann. § 25-1-100 which provides that “[personnel, records .”

Herndon v. Mississippi Forestry Comm'n, 67 So. 3d 788 (Miss. Ct. App. 2010). · cites it 8× “See Miss.Code Ann. § 25-1-100 (Rev.2006). [3] However, we need not address this argument as this statute was not the basis for the circuit court's denial of the motion to compel; rather, the circuit judge, in camera, merely reviewed Bond's personnel file and found nothing of…”

Harrison Cnty. Dev. Com'n v. Kinney, 920 So. 2d 497 (Miss. Ct. App. 2006). · cites it 3× “Miss.Code Ann. § 25-1-100(1). [6] Rule 26(d) of M.”

Texas Comptroller of Pub. Accounts v. Attorney Gen. of Texas & the Dallas Morning News, Ltd., 354 S.W.3d 336 (Tex. 2010). “, State Gov't § 10 — 616(h)(2)(I); Miss.Code Ann. § 25-1-100; N.D. Cent.Code § 44-04-I8.”

Ms Dept. of Wildlife v. Wildlife Enf. Off., 740 So. 2d 925 (Miss. 1999). · cites it 16× “The Department first asserts that the requested list of comp time for its public employees is exempt from disclosure under the provisions of Miss.Code Ann. § 25-1-100 which provides that "[p]ersonnel records .”

Am. Civil Liberties Union of Mississippi, Inc. v. Mabus, 719 F. Supp. 1345 (S.D. Miss. 1989). · cites it 2× “Miss.Code Ann. § 25-1-100. Certain judicial records.”

Scruggs v. Bd. of Supervisors Alcorn Cnty. Commissioners, 85 So. 3d 325 (Miss. Ct. App. 2012). · cites it 2× “Scruggs’s request to amend his pleadings, claiming he was entitled to the personnel records of Palmer and Mills, was denied.”

Mississippi Wildlife, Fisheries & Parks v. Wildlife Enf't Officers' Ass'n, Inc. (Miss. 1997). · cites it 16× “The Department first asserts that the requested list of comp time for its public employees is exempt from disclosure under the provisions of Miss. Code Ann. § 25-1-100 which provides that "[p]ersonnel records .”

Albuquerque J. v. Bd. of Educ. of Albuquerque Pub. Schs. (N.M. 2026). “” Miss. Code Ann. § 25-1-100 (2015). 11 {22} While our Legislature similarly could have exempted personnel records or 12 files in their entirety, or even limited the exception to “infractions or matters of 13 opinion” as suggested by APS, it did not.”

United States v. Dale, 155 F.R.D. 149 (S.D. Miss. 1994). · cites it 2× “Rule 501 of the Federal Rules of Evidence provides as follows: Except as otherwise required by the Constitution of the United States or provided by Act of Congress or in rules prescribed by the Supreme Court pursuant to statutory authority, the privilege of a witness, person,…”

— Miss. Code Ann. § 25-1-100(1) — 5 cases

Herndon v. Mississippi Forestry Comm'n, 67 So. 3d 788 (Miss. Ct. App. 2010). “See Miss.Code Ann. § 25-1-100 (Rev.2006). [3] However, we need not address this argument as this statute was not the basis for the circuit court's denial of the motion to compel; rather, the circuit judge, in camera, merely reviewed Bond's personnel file and found nothing of…”

Harrison Cnty. Dev. Com'n v. Kinney, 920 So. 2d 497 (Miss. Ct. App. 2006). “Miss.Code Ann. § 25-1-100(1). [6] Rule 26(d) of M.”

Mississippi Dep't of Wildlife, Fisheries & Parks v. Mississippi Wildlife Enf't Officers' Ass'n, 740 So. 2d 925 (Miss. 1999). “The Department first asserts that the requested list of comp time for its public employees is exempt from disclosure under the provisions of Miss.Code Ann. § 25-1-100 which provides that “[personnel, records .”

Scruggs v. Bd. of Supervisors Alcorn Cnty. Commissioners, 85 So. 3d 325 (Miss. Ct. App. 2012). “Scruggs’s request to amend his pleadings, claiming he was entitled to the personnel records of Palmer and Mills, was denied.”

Ms Dept. of Wildlife v. Wildlife Enf. Off., 740 So. 2d 925 (Miss. 1999). “The Department first asserts that the requested list of comp time for its public employees is exempt from disclosure under the provisions of Miss.Code Ann. § 25-1-100 which provides that "[p]ersonnel records .”

— Miss. Code Ann. § 25-1-100(5) — 1 case

Cellular South, Inc. v. BellSouth Telecomm., Inc., 214 So. 3d 208 (Miss. 2017). “Following legislative amendments in 2015 to the Mississippi Public Records Act of 1983 and to Mississippi Code Section 25-1-100, CellularSouth sought production of the proposal and the contract between the Department and BellSouth.”

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