Public Records Request: Implications for MSU Employees

1. Public Records Request: Implications for MSU Employees Joan L. Lucas – General Counsel 325-8131 jlucas@legal.msstate.edu

2. Should I Be Concerned with Public Records Request?

3. Public Records Laws • Mississippi Public Records Act of 1983 - Mississippi Code Annotated Sections 25-61-1 et seq. • United States Freedom of Information Act of 1966, United States Code Sections 5 U.S.C. 552 et seq. • MSU Policy OP 06.04

4. Mississippi Public Records Act • Strong public policy that public records are public property and should be available to the public • “Providing access to records is a duty of each public body” • General Rule: EVERYTHING is available to the public • BUT: There are exceptions

5. Mississippi Public Records Act:What ,When and How Much? • What: All records, papers, accounts and any other documentary materials prepared, possessed or retained for use or required to be maintained by a public body • But no obligation to create a record • When: Must respond within 7 days from the date of the request • How much: Hourly rate of lowest paid employee qualified to perform task plus the cost of the materials

6. Mississippi Public Records Act:What is a “Request”? • Must be: • Written • Signed • Dated • NOT: Verbal • NOT: E-mail

7. Mississippi Public Records Act:PROPRIETARY EXEMPTION • Trade Secrets • Confidential Commercial Information of a Proprietary Nature • Confidential Financial Information of a Proprietary Nature

8. Mississippi Public Records Act:PROPRIETARY EXEMPTION • Must be developed by a college or university under contract with an individual, business, etc. • Records furnished by a third parties containing trade secrets or proprietary information: • Give third party notice of request for opportunity to obtain court order protecting information from disclosure • If no court order within a reasonable time, information must be produced

9. Mississippi Public Records Act:Other Exemption • Personnel Files • Most academic records • Attorney-client privilege/Attorney work product • Exemption under federal law

10. Federal Law Exemption:Animal Welfare Act “No rule, regulation, order or part of this chapter shall be construed to require a research facility to disclose publicly or to the Institutional Animal Committee during its inspection, trade secrets or commercial or financial information which is privileged or confidential.” 7 U.S.C. § 2143 Note: There are penalties for unlawful disclosure of confidential information of a research facility by IACUC members. 7 U.S.C. § 2157

11. Federal Freedom of Information Act Federally Funded Projects

12. FEDERAL RECORD REQUEST – Federally Funded Projects • OMB Circular – A-110 • More limited scope than MS Public Records Act • Provides for public access under certain circumstances to “research data” obtained through grants and other federal assistance. • Applies to: • Research data first produced in a project that is supported with federal funds AND • Cited publicly by a federal agency in support of an action that has the force and effect of law

13. FEDERAL RECORD REQUEST – Federally Funded Grants • “Research data” = recorded factual material commonly accepted in the scientific community as necessary to validate research findings. • NOT: drafts, peer reviews, communications between colleagues, trade secrets, information that should remain confidential until publication, personal identifiers.

14. What do I do when I receive a record request? 1. Contact general counsel immediately 2. Do not communicate with the requesting party

15. Questions? • Call or E-mail Us Anytime • 325-8131 • mball@legal.msstate.edu