The number of public information requests fielded by governmental entities across Texas has steadily increased in recent years, and with no signs of slowing down, the need to efficiently handle requests has grown as well. The Office of the Attorney General (“OAG”) recognized this same problem and issued Open Records Decisions to entities that help encourage the prompt release of requested public information and increase the efficiency of the Public Information Act (the “Act”) review process. Entities should pay close attention to these previous determinations to determine what information may be redacted prior to seeking a ruling.

The Open Records Decision most utilized is ORD-684. Issued in 2009, this decision applies to all Texas governmental entities and gives entities the ability to redact numerous pieces of information. The list of information subject to this previous determination consists of the following:

  • Direct deposit authorization form
  • Employment eligibility verification form I-9
  • W-2 and W-4 forms
  • Certified agendas and tapes of closed meetings
  • Fingerprints
  • L-2 and L-3 declarations
  • Motor vehicle record information
  • Access device information
  • Personal e-mail addresses
  • Military discharge records

In addition to ORD-684, the OAG released one other previous determination that is applicable to all entities: ORD-670. ORD-670 applies to personal information of peace officers and gives all governmental bodies covered by the Act permission to withhold the following related to peace officers:

  • Home addresses
  • Home telephone numbers
  • Social security numbers
  • Information that would reveal whether the officer has family members
  • Personal cellular phone/pager numbers (if the individual falls within the scope of article 2.12 of the Code of Criminal Procedure and section 52.212 of the Education Code)

Finally, the OAG will also issue previous determinations that are applicable to individual governmental entities. In order to obtain a previous determination for information not covered by either ORD-670 or 684, an entity must simply request one from the OAG related to a specific category of information for which a listed exception under the Act may apply. The OAG does not have any set rules on what categories of information will or will not be granted a previous determination. Examples of previous determinations granted to requesting entities for specific areas of public information include:

  • Dates of birth of members of the public
  • Information held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime if the release of the information would interfere with the detection, investigation, or prosecution of crime
  • FBI numbers
  • Originating address of a 911 caller

In closing, please note that even if a previous determination permits an entity to redact information, it is still a requirement that the appropriate language is provided to the requestor that explains the process by which the requestor may raise any objections they may have to any redactions made. Ultimately, previous determinations are a convenient way to avoid long wait times for release of information and help maintain positive interactions with requestors when they are able to promptly receive information. It is our hope your entity can take advantage of this procedure, and if you are in need of any advice or counsel on how to apply a previous determination, or on how to request one, we are available to help.

 

Prepared by the offices of Richard Abernathy, this article should not be construed as legal advice related to any specific facts or circumstances. Although this article covers legal subjects, it is intended to educate readers and not to provide advice that will be the basis for action or inaction in any specific circumstance. Viewing these materials does not create an attorney-client relationship between Abernathy, Roeder, Boyd & Hullett, P.C. and the reader or the reader’s institution. For circumstance-specific legal advice, please directly contact a licensed attorney.