Mississippi Code
Miss. Code Ann. § 25-61-12 (2026)
Exemption for private information of law enforcement, judicial and prosecutorial personnel; exceptions
✓ current as of July 2026
- (1) The home address, any telephone number of a privately paid account or other private information of any law enforcement officer, criminal investigator, judge or district attorney or the spouse or child of the law enforcement officer, criminal investigator, judge or district attorney shall be exempt from the Mississippi Public Records Act of 1983. This exemption does not apply to any court transcript or recording if given under oath and not otherwise excluded by law.
- (2)
- (a) When in the possession of a law enforcement agency, investigative reports shall be exempt from the provisions of this chapter; however, a law enforcement agency, in its discretion, may choose to make public all or any part of any investigative report.
- (b) Nothing in this chapter shall be construed to prevent any and all public bodies from having among themselves a free flow of information for the purpose of achieving a coordinated and effective detection and investigation of unlawful activity. Where the confidentiality of records covered by this section is being determined in a private hearing before a judge under Section 25-61-13, the public body may redact or separate from the records the identity of confidential informants or the identity of the person or persons under investigation or other information other than the nature of the incident, time, date and location.
- (c) Nothing in this chapter shall be construed to exempt from public disclosure a law enforcement incident report. An incident report shall be a public record. A law enforcement agency may release information in addition to the information contained in the incident report.
- (d) Nothing in this chapter shall be construed to require the disclosure of information that would reveal the identity of the victim.
- (3) Personal information of victims, including victim impact statements and letters of support on behalf of victims that are contained in records on file with the Mississippi Department of Corrections and State Parole Board, shall be exempt from the provisions of this chapter.
- (4) Records of a public hospital board relating to the purchase or sale of medical or other practices or other business operations, and the recruitment of physicians and other health care professionals, shall be exempt from the provisions of this chapter.
Laws, 2006, ch. 440, § 1; Laws, 2008, ch. 392, § 3, eff. 7/1/2008.
Amended by Laws, 2015, ch. 484, SB 2407, 5, eff. 1/1/2016.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 2016–2023 · leading case: Mississippi Dep't of Corr. v. Roderick & Solange MacArthur Just. Ctr., 220 So. 3d 929 (Miss. 2017).
Mississippi Dep't of Corr. v. Roderick & Solange MacArthur Just. Ctr., 220 So. 3d 929 (Miss. 2017). “MDOC acknowledges that, at first glance, the use of the term “investigative report” in Section 25-61-12 would seem to mean that documents that do not directly pertain to “investigation” of crime would not be covered.”
Steven A. DeLoge' v. Desoto Cnty. Sheriff Dep't, 230 So. 3d 1026 (Miss. Ct. App. 2017). “” Miss. Code Ann. § 25-61-12 (2)(a) (Rev. 2010).”
Mississippi Dep't of Audit v. Gulf Publ'g Co., Inc., 235 So. 3d 1452 (Miss. Ct. App. 2016). “18 See Miss. Code Ann. § 25-61-3 (f) (Supp. 2015); Miss.”
Mississippi Dep't of Audit v. Gulf Publ'g Co., Inc., 236 So. 3d 32 (Miss. 2017). “Miss. Code Ann. § 25-61-12 (2)(a) (Supp. 2016).”
D.M. v. Forrest Cnty. Sheriff Dep't (S.D. Miss. 2020). “§ 25-61-12(2). The 1 See Exhibit A to Response, D.”
Joel Wagner a/k/a Frankie Wagner v. Todd Andreacchio & Rae Andreacchio (Miss. 2023). “§ 25-61-12(2)(a) (Rev. 2018) (exempting investigative reports from the provisions of the Mississippi Public Records Act of 1983); Miss.”
— Miss. Code Ann. § 25-61-12(2) — 1 case
D.M. v. Forrest Cnty. Sheriff Dep't (S.D. Miss. 2020). “§ 25-61-12(2). The 1 See Exhibit A to Response, D.”
— Miss. Code Ann. § 25-61-12(2)(a) — 4 cases
Mississippi Dep't of Corr. v. Roderick & Solange MacArthur Just. Ctr., 220 So. 3d 929 (Miss. 2017). “MDOC acknowledges that, at first glance, the use of the term “investigative report” in Section 25-61-12 would seem to mean that documents that do not directly pertain to “investigation” of crime would not be covered.”
Mississippi Dep't of Audit v. Gulf Publ'g Co., Inc., 235 So. 3d 1452 (Miss. Ct. App. 2016). “18 See Miss. Code Ann. § 25-61-3 (f) (Supp. 2015); Miss.”
Mississippi Dep't of Audit v. Gulf Publ'g Co., Inc., 236 So. 3d 32 (Miss. 2017). “Miss. Code Ann. § 25-61-12 (2)(a) (Supp. 2016).”
Joel Wagner a/k/a Frankie Wagner v. Todd Andreacchio & Rae Andreacchio (Miss. 2023). “§ 25-61-12(2)(a) (Rev. 2018) (exempting investigative reports from the provisions of the Mississippi Public Records Act of 1983); Miss.”
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