Public Records

In 2016, a new law went into effect requiring, among other things, that all government entities in Tennessee designate a public records request coordinator. According to the statute, T.C.A. 10-7-503 (a)(1)(B), the coordinator is the "individual within a governmental entity whose role it is to ensure that public records requests are routed to the appropriate records custodian and that requests are fulfilled in accordance with § 10-7-503(a)(2)(B)." But if a citizen makes a request directly to a public records custodian, can the custodian require the requester to first go through the public records request coordinator? For citizens, this can be viewed as a delay, especially if the coordinator is not available [...]

Tennessee law allows government entities to require identification, such as the requester's driver's license, with a public records request. Though state law doesn't mandate this practice, many government entities have adopted it to block having to respond to out-of-state requesters.

Tennessee law requires government to promptly make available public records that are not specifically exempt from disclosure or provide a written basis for the denial.

The definition of a public record is broad in Tennessee. Public records are all records created or received by local or state government pursuant to law or as part of transacting official business. In our workshops, we often ask beginning journalists, "When do you think a government record becomes a public record?" The answer is worth remembering: As soon as it's created or received. Here is the key definition in the statute: “Public record or records” or “state record or records” (i)  Means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or [...]