Mississippi Code
Miss. Code Ann. § 25-61-3 (2026)
Definitions
✓ current as of July 2026
The following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
- (a) "Public body" shall mean any department, bureau, division, council, commission, committee, subcommittee, board, agency and any other entity of the state or a political subdivision thereof, and any municipal corporation and any other entity created by the Constitution or by law, executive order, ordinance or resolution. The term "public body" includes the governing board of a charter school authorized by the Mississippi Charter School Authorizer Board. Within the meaning of this chapter, the term "entity" shall not be construed to include individuals employed by a public body or any appointed or elected public official.
- (b) "Public records" shall mean all books, records, papers, accounts, letters, maps, photographs, films, cards, tapes, recordings or reproductions thereof, and any other documentary materials, regardless of physical form or characteristics, having been used, being in use, or prepared, possessed or retained for use in the conduct, transaction or performance of any business, transaction, work, duty or function of any public body, or required to be maintained by any public body. "Public records" shall not mean "personal information" as defined in Section 25-62-1.
- (c) "Data processing software" means the programs and routines used to employ and control the capabilities of data processing hardware, including, but not limited to, operating systems, compilers, assemblers, utilities, library routines, maintenance routines, applications and computer networking programs.
- (d) "Proprietary software" means data processing software that is obtained under a licensing agreement and is protected by copyright or trade secret laws.
- (e) "Incident report" means a narrative description, if such narrative description exists and if such narrative description does not contain investigative information, of an alleged offense, and at a minimum shall include the name and identification of each person charged with and arrested for the alleged offense, the time, date and location of the alleged offense, and the property involved, to the extent this information is known.
- (f) "Investigative report" means records of a law enforcement agency containing information beyond the scope of the matters contained in an incident report, and generally will include, but not be limited to, the following matters if beyond the scope of the matters contained in an incident report:
- (i) Records that are compiled in the process of detecting and investigating any unlawful activity or alleged unlawful activity, the disclosure of which would harm the investigation which may include crime scene reports and demonstrative evidence;
- (ii) Records that would reveal the identity of informants and/or witnesses;
- (iii) Records that would prematurely release information that would impede the public body's enforcement, investigative or detection efforts;
- (iv) Records that would disclose investigatory techniques and/or results of investigative techniques;
- (v) Records that would deprive a person of a right to a fair trial or an impartial adjudication;
- (vi) Records that would endanger the life or safety of a public official or law enforcement personnel, or confidential informants or witnesses;
- (vii) Records pertaining to quality control or PEER review activities; or
- (viii) Records that would impede or jeopardize a prosecutor's ability to prosecute the alleged offense.
- (g) "Law enforcement agency" means a public body that performs as one (1) of its principal functions activities pertaining to the enforcement of criminal laws, the apprehension and investigation of criminal offenders, or the investigation of criminal activities.
Laws, 1983, ch. 424, § 2; Laws, 1996, ch. 453, § 2; Laws, 2008, ch. 392, § 1, eff. 7/1/2008.
Amended by Laws, 2019, ch. 423, HB 1205,§ 6, eff. 7/1/2019.
Amended by Laws, 2013, ch. 497, HB 369, 34, eff. 7/1/2013.
Notes of Decisions
Cited in 32
cases (4 in the last 5 years), 1985–2023 · 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). “Miss. Code Ann. § 25-61-3 (b) (Rev. 2010).”
Kinney v. S. Mississippi Plan. & Dev. Dist., Inc., 202 So. 3d 187 (Miss. 2016). “” Miss. Code Ann. § 25-61-3 (Rev. 2010). ¶34.”
Buckel v. Chaney, 47 So. 3d 148 (Miss. 2010). “Miss. Code Ann. § 25-61-3 (b) (Rev.2010) (emphasis added).”
Mississippi Dep't of Wildlife, Fisheries & Parks v. Mississippi Wildlife Enf't Officers' Ass'n, 740 So. 2d 925 (Miss. 1999). “§ 25-1-100 (1999), which provides that “certain personnel records” are exempt: (1) Personnel records and applications for employment in the possession of a public body, as defined by paragraph (a) of § 25-61-3, except those which may be released to the person who made the…”
Steven A. DeLoge' v. Desoto Cnty. Sheriff Dep't, 230 So. 3d 1026 (Miss. Ct. App. 2017). “See Miss. Code Ann. § 25-61-3 (a), (b). But the Act provides a specific exemption for investigative reports: “When in the possession of a law enforcement agency, investigative reports shall be exempt from the provisions of this chapter .”
Roberts v. Miss. Rep. Party State Exec. Comm., 465 So. 2d 1050 (Miss. 1985). “Section 25-61-3 provides definitions as follows The following words shall have the meanings ascribed herein unless the contest clearly requires otherwise: (a) "Public body" shall mean any department, bureau, division, council, commission, committee, subcommittee, board, agency…”
Kircher v. State, 753 So. 2d 1017 (Miss. 1999). “Furthermore, any error of the trial judge in allowing the use of the records was harmless in that the Medical Licensure documents are public documents as provided by Miss.Code Ann. § 25-61-3(b)(Supp.1999). ¶ 52.”
Gannett Co. v. Entergy Mississippi, Inc., 940 So. 2d 221 (Miss. 2006). “§ 79-23-1 (1) and (2) address the disclosure of public records and confidential information which are exempt from disclosure: (1) Commercial and financial information of a proprietary nature required to be submitted to a public body, as defined by paragraph (a) of Section…”
Herndon v. Mississippi Forestry Comm'n, 67 So. 3d 788 (Miss. Ct. App. 2010). “[3] Mississippi Code Annotated section 25-1-100(1) states that: "Personnel records and applications for employment in the possession of a public body, as defined by paragraph (a) of § 25-61-3, except those which may be released to the person who made the application or with the…”
Bd. of Trs. of State Institutions of Higher Learning v. Van Slyke, 510 So. 2d 490 (Miss. 1987). “Miss. Code Ann. § 25-61-3 (a) (1972), states that a "public body" includes any governmental entity created by the constitution or laws, executive order, ordinance or resolution; however, said section also provides "the term `entity' shall not be construed to include individuals…”
Miss. State Univ. v. PETA, INC., 992 So. 2d 595 (Miss. 2008). “" See Miss.Code Ann. § 25-61-3(a) (Rev.2006) ("`[p]ublic body' shall mean any department, bureau, division, council, commission, committee, subcommittee, board, agency and any other entity of the state or a political subdivision thereof.”
Harrison Cnty. Dev. Com'n v. Kinney, 920 So. 2d 497 (Miss. Ct. App. 2006). “[5] (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 for those which may be released to the person who made the application or with the prior written consent of the person who made…”
— Miss. Code Ann. § 25-61-3(1) — 1 case
Steven A. DeLoge' v. Desoto Cnty. Sheriff Dep't, 230 So. 3d 1026 (Miss. Ct. App. 2017). “See Miss. Code Ann. § 25-61-3 (a), (b). But the Act provides a specific exemption for investigative reports: “When in the possession of a law enforcement agency, investigative reports shall be exempt from the provisions of this chapter .”
— Miss. Code Ann. § 25-61-3(a) — 5 cases
Miss. State Univ. v. PETA, INC., 992 So. 2d 595 (Miss. 2008). “" See Miss.Code Ann. § 25-61-3(a) (Rev.2006) ("`[p]ublic body' shall mean any department, bureau, division, council, commission, committee, subcommittee, board, agency and any other entity of the state or a political subdivision thereof.”
Mississippi State Univ. v. People for the Ethical Treatment of Animals, Inc., 992 So. 2d 595 (Miss. 2008).
Mississippi Dep't of Audit v. Gulf Publ'g Co., Inc., 235 So. 3d 1452 (Miss. Ct. App. 2016).
Mississippi Dep't of Audit v. Gulf Publ'g Co., Inc., 236 So. 3d 32 (Miss. 2017).
Latoya Lawson v. City of Jackson, Mississippi (Miss. 2022).
— Miss. Code Ann. § 25-61-3(b) — 9 cases
Buckel v. Chaney, 47 So. 3d 148 (Miss. 2010). “Miss. Code Ann. § 25-61-3 (b) (Rev.2010) (emphasis added).”
Mississippi Dep't of Wildlife, Fisheries & Parks v. Mississippi Wildlife Enf't Officers' Ass'n, 740 So. 2d 925 (Miss. 1999). “§ 25-1-100 (1999), which provides that “certain personnel records” are exempt: (1) Personnel records and applications for employment in the possession of a public body, as defined by paragraph (a) of § 25-61-3, except those which may be released to the person who made the…”
Kircher v. State, 753 So. 2d 1017 (Miss. 1999). “Furthermore, any error of the trial judge in allowing the use of the records was harmless in that the Medical Licensure documents are public documents as provided by Miss.Code Ann. § 25-61-3(b)(Supp.1999). ¶ 52.”
Daniel Paul Copple v. State of Mississippi, 196 So. 3d 189 (Miss. Ct. App. 2016).
Miss. State Univ. v. PETA, INC., 992 So. 2d 595 (Miss. 2008). “" See Miss.Code Ann. § 25-61-3(a) (Rev.2006) ("`[p]ublic body' shall mean any department, bureau, division, council, commission, committee, subcommittee, board, agency and any other entity of the state or a political subdivision thereof.”
— Miss. Code Ann. § 25-61-3(e) — 1 case
Mississippi Dep't of Corr. v. Roderick & Solange MacArthur Just. Ctr., 220 So. 3d 929 (Miss. 2017). “Miss. Code Ann. § 25-61-3 (b) (Rev. 2010).”
— Miss. Code Ann. § 25-61-3(f) — 4 cases
Mississippi Dep't of Corr. v. Roderick & Solange MacArthur Just. Ctr., 220 So. 3d 929 (Miss. 2017). “Miss. Code Ann. § 25-61-3 (b) (Rev. 2010).”
Mississippi Dep't of Audit v. Gulf Publ'g Co., Inc., 235 So. 3d 1452 (Miss. Ct. App. 2016).
Omar K Humphrey v. Steve Holts, Chief of Police of the City of Senatobia, & John W. Champion, Dist. Attorney (Miss. Ct. App. 2023).
D.M. v. Forrest Cnty. Sheriff Dep't (S.D. Miss. 2020).
— Miss. Code Ann. § 25-61-3(f)(vi) — 1 case
Mississippi Dep't of Corr. v. Roderick & Solange MacArthur Just. Ctr., 220 So. 3d 929 (Miss. 2017). “Miss. Code Ann. § 25-61-3 (b) (Rev. 2010).”
— Miss. Code Ann. § 25-61-3(g) — 1 case
Mississippi Dep't of Corr. v. Roderick & Solange MacArthur Just. Ctr., 220 So. 3d 929 (Miss. 2017). “Miss. Code Ann. § 25-61-3 (b) (Rev. 2010).”
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