Record use restrictions
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| 1. Select a state |
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Alabama • Alaska • Arizona Arkansas • California • Colorado Connecticut • Delaware • Florida Georgia • Hawaii • Idaho Illinois • Indiana • Iowa Kansas • Kentucky • Louisiana Maine • Maryland • Massachusetts Michigan • Minnesota • Mississippi Missouri • Montana • Nebraska Nevada • New Hampshire New Mexico • New Jersey New York • North Carolina North Dakota • Ohio • Oklahoma Oregon • Pennsylvania • Rhode Island South Carolina • South Dakota Tennessee • Texas • Utah Vermont • Virginia • Washington West Virginia • Wisconsin • Wyoming |
| 2. See also |
Here is a list of restrictions placed on the use of records by state.
Select a state
Here is a list of restrictions on the used of records by state:
Alabama Public Records Law
The official Alabama code does not impose any limitations on the use of records.
Alaska Public Records Act
The APRA doesn't set limits on what can be done with documents provided under the act.
Commercial interests are allowed to use lists they receive under APRA, such as the names and addresses compiled by the Alaska Department of Fish and Game from hunting and fishing licenses, because a 1990 change in APRA provided a statutory definition of "personal information" regarding privacy exemptions and the definition says that names, addresses and listed phone numbers do not fall under the definition of personal information.[1]
- ↑ Cite error: Invalid
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Arizona Public Records Law
Arizona has no restrictions on the use of records outside of statute 39-121 which implies the potential for misuse of public records for commercial purposes.
Arkansas Freedom of Information Act
The Arkansas law does not place limitations on the use of FOIA requests.
California Public Records Act
The CPRA does not regulate the use of records obtained from public agencies.
CPRA, however, does have an "investigatory records exemption" which says that a person who requests the address of an individual who has been arrested, or the current address of the victim of a crime, must declare under penalty of perjury that the request is made for a journalistic, scholarly, political or governmental purpose, or is sought for investigatory purposes by a licensed private investigator. The requester must also declare that the information obtained pursuant to this subsection will not be used directly or indirectly to sell a product or service.[1]
- ↑ Cite error: Invalid
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Colorado Open Records Act
The Colorado Open Records Act does place some restrictions on the use of public records:
- Criminal justice records cannot be used for solicitation of business for monetary gain.[1]
- ↑ Cite error: Invalid
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Connecticut Freedom of Information Act
There is nothing within the law that restricts the use of open records.
Delaware Freedom of Information Act
The Delaware FOIA does not place limits on the use of public records.
Florida Sunshine Law
Going back to 1905, before the law was formalized, Florida courts have held that it is not up to the government to determine the use to which a person might put public documents once copies are received.[1]
- ↑ State ex rel. Davis v. McMillan
Georgia Open Records Act
There is no restriction on how records obtained under the law can be used, once they have been obtained.
Hawaii Uniform Information Practices Act
There is nothing in the UIPA that restricts the use of open records.
Idaho Public Records Act
The only restriction on the use of open records is the creation of mailing or phoning lists.[1]
Illinois Freedom of Information Act
The act explicitly state that "This Act is not intended to cause an unwarranted invasion of personal privacy, nor to allow the requests of a commercial enterprise to unduly burden public resources, or to disrupt the duly‑undertaken work of any public body independent of the fulfillment of any of the fore‑mentioned rights of the people to access to information. "[1] However, the law makes no specific restrictions on ways that public documents can be used once someone has obtained the documents. In addition it does not prevent request being made for commercial purposes.[2]
Indiana Access to Public Records Act
Limits to use can be established by the individuals departments but must certain around the use of information for commercial uses. Exempted from this commercial use clause are news publications, academic research, and non-profit organization activities. Further, certain lists of names and addresses and email addresses cannot be used for political or commercial purposes, specifically government employee lists, conference attendees lists, and lists of students attending public schools.
Iowa Open Records Law
No restrictions on the use of Public records is present in the law.
Kansas Open Records Act
KORA does not permit the use of lists of names and addresses for commercial purposes outside of political and educational opportunities and the use of student lists by university sales offices. [1]
Kentucky Open Records Act
The use of records which were declared for a commercial purpose are strictly limited to only that purpose for which they were declared. Any records without the declaration of a commercial purpose cannot be used for a commercial purpose. [1]
- ↑ Kentucky ORA 61.874
Louisiana Public Records Act
There are no restrictions on what can be done with the public documents once a records requester has them in hand.
Maine Freedom of Access Act
The law does not restrict the use of public records.
Maryland Public Information Act
The use of criminal records for the solicitation of legal services is prohibited by law. [1]
Massachusetts Public Records Act
No restrictions are placed on the use of records.
Michigan Freedom of Information Act
The use to which a person puts public information is not restricted by the law: "The initial as well as future uses of the requested information are irrelevant."
- Mullin v. Detroit Police Dept., a 1984 ruling.
Minnesota Data Practices Act
The only restriction of the use of records is that if a commercial use is intended the government agency may charge an additional fee. [1]
Mississippi Public Records Act
There are no restrictions placed on the use of records.
Missouri Sunshine Law
There is nothing in the Missouri Sunshine Law that restricts the use of records.
Montana Public Records Act
The law does place a limit on the sale of mailing lists for commercial reasons.[1] Other than this, there is not restrictions on the use of records.
Nebraska Public Records Law
Nebraska law place no restrictions on the use of records.
Nevada Open Records Act
There are no restrictions with regard to the use of records.
New Hampshire Right to Know Law
Exempted records may be released to other government agencies for use within only those agencies.[1] Records released as statistical data sets can only be used for research and cannot be distributed to undeclared, non-research personnel. [2]
New Jersey Open Public Records Act
There are no restrictions placed on the used of records.
New Mexico Inspection of Public Records Act
The law does place a restriction on the use of police reports, in that they cannot be used to solicit victims for services. [1]
New York Freedom of Information Law
FOIL places no restrictions on how public records may be used, once they have been obtained.
North Carolina Public Records Law
There are no restrictions placed on the use of records.
North Dakota Open Records Statute
There are no restrictions placed on the used of records.
Ohio Open Records Law
According to statute, there are no restrictions to the use of records nor can intended use play a role in denying a request. [1]
Oklahoma Open Records Act
There is no restriction on the use of records in Oklahoma.
Oregon Public Records Law
Oregon law does not place restrictions on the use of records.
Pennsylvania Right to Know Law
There is not restriction on the use of records, nor can records be denied based on intended use. [1]
Rhode Island Access to Public Records Act
According to APRA §38-2-6, it is illegal to use information obtained from public records to "solicit for commercial purposes, or to obtain a commercial advantage over the party furnishing that information to the public body." People who violate this part of APRA can be criminally charged with up to a $500 fine and/or one year imprisonment, if their violation was knowing and willful.[1]
South Carolina Freedom of Information Act
South Carolina law prohibits the use of police reports, information about disabled individuals and employee information for commercial purposes. [1][2]
South Dakota Sunshine Law
There are no restrictions on the use of records in South Dakota law.
Tennessee Open Records Act
Tennessee law does not restrict the use of records.
Texas Public Information Act
The law says nothing about what can be done with public documents, once they are obtained by a requestor.
Utah Government Records Access and Management Act
There are no restrictions on the use of public records in Utah.
Vermont Public Records Law
Vermont law places no restrictions on the use of public records.
Virginia Freedom of Information Act
The act places no restrictions on the use of records.
Washington Public Records Act
There are no restrictions placed on the use of records.
West Virginia Freedom of Information Act
The law does not restrict the use of open records.
Wisconsin Open Records Law
Somewhat enigmatically, the statute says, "A requester shall comply with any regulations or restrictions upon ... use of information which are specifically prescribed by law." [1]
Wyoming Sunshine Law
There are no restrictions placed on the use of open records.
See also
- State sunshine laws
- Years that state FOIA laws were enacted
- List of who can make public record requests by state
External links
References
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