Kentucky Revised Statute (KRS) 61.870 and the Open Records Act (ORA) define a public record as "all books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency."
KRS 61.878 specifically itemizes a number of exclusions to which public records may be disclosed. Requested records will be provided in accordance with these exclusions and in accordance with the opinions of the Kentucky Attorney General. In part, the following records are exempt from an information request under KRS 61.878 (1)
- Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy (KRS 61.878 (1) (a) ).
- Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations, if the disclosure of the information would harm the agency (KRS 61.878(1)(g)).
- Preliminary drafts, notes and correspondence with private individuals other than correspondence that is intended to give notice of final action of a public agency (KRS 61.878 (1)(h)).
- Preliminary recommendations and preliminary memoranda in which opinions are expressed or policies are formulated or recommended (KRS 61.878 (1)(j)).
Public records or information the disclosure of which is otherwise prohibited by federal law or regulation, and public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by an enactment of the General Assembly (KRS 61.878 (1)(j & k)).
To make an Open Records Request, you must submit a written request to:
Justice and Public Safety Cabinet
Office of General Counsel
125 Holmes Street, 2nd Floor
Frankfort, KY 40601