Oregon Public Records Law

192.410 Definitions for ORS 192.410 to 192.505.
As used in ORS 192.410 to 192.505:

1. "Custodian" means:
   1. The person described in ORS 7.110 for purposes of court records; or
   2. A public body mandated, directly or indirectly, to create, maintain, care for or control a public record. " Custodian" does not include a public body that has custody of a public record as an agent of another public body that is the custodian unless the public record is not otherwise available.
2. "Person" includes any natural person, corporation, partnership, firm or association.
3. "Public body" includes every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.
4. "Public record" includes any writing containing information relating to the conduct of the public's business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.
5. "State agency" means any state officer, department, board, commission or court created by the Constitution or statutes of this state but does not include the Legislative Assembly or its members, committees, officers or employees insofar as they are exempt under section 9, Article IV of the Oregon Constitution.
6. "Writing" means handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings.
   <1973 C.794 S2; 1989 C.377 S1; 1993 C.787 S4>

192.430 Functions of custodian of public records.

1. The custodian of any public records, including public records maintained in machine readable or electronic form, unless otherwise expressly provided by statute, shall furnish proper and reasonable opportunities for inspection and examination of the records in the office of the custodian and reasonable facilities for making memoranda or abstracts therefrom, during the usual business hours, to all persons having occasion to make examination of them. If the public record is maintained in machine readable or electronic form, the custodian shall furnish proper and reasonable opportunity to assure access.
2. The custodian of the records may adopt reasonable rules necessary for the protection of the records and to prevent interference with the regular discharge of duties of the custodian.
   <1973 C.794 S4; 1989 C.546 S1>

1. The custodian of any public record which a person has a right to inspect shall give the person, on demand, a certified copy of it, if the record is of a nature permitting such copying, or shall furnish reasonable opportunity to inspect or copy.
2. If the public record is maintained in a machine readable or electronic form, the custodian shall provide copies of the public record in the form requested, if available. If the public record is not available in the form requested, it shall be made available in the form in which it is maintained.
3. The public body may establish fees reasonably calculated to reimburse it for its actual cost in making such records available including costs for summarizing, compiling or tailoring such record, either in organization or media, to meet the person's request. However, when the records are those filed with the Secretary of State under ORS chapter 79, the fees for furnishing copies, summaries or compilations of such records are those established by the Secretary of State by rule, under ORS chapter 79.
4. The custodian of any public record may furnish copies without charge or at a substantially reduced fee if the custodian determines that the waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public.
5. A person who believes that there has been an unreasonable denial of a fee waiver or fee reduction may petition the Attorney General or the district attorney in the same manner as a person petitions when inspection of a public record is denied under ORS 192.410 to 192.505. The Attorney General, the district attorney and the court have the same authority in instances when a fee waiver or reduction is denied as it has when inspection of a public record is denied.
   <1973 C.794 S5; 1979 C.548 S4; 1989 C.111 S12; 1989 C.377 S 2; 1989 C.546 S2>

1. An individual may submit a written request to a public body not to disclose a specified public record indicating the home address or personal telephone number of the individual. A public body shall not disclose the specified public record if the individual demonstrates to the satisfaction of the public body that the personal safety of the individual or the personal safety of a family member residing with the individual is in danger if the home address or personal telephone number remains available for public inspection.
2. The Attorney General shall adopt rules describing:
   1. The procedures for submitting the written request described in subsection (1) of this section.
   2. The evidence an individual shall provide to the public body to establish that disclosure of the home address or telephone number of the individual would constitute a danger to personal safety. Such evidence may include but is not limited to evidence that the individual or a family member residing with the individual has:
      1. Been a victim of domestic violence;
      2. Obtained an order issued under ORS 133.055;
      3. Contacted a law enforcement officer involving domestic violence or other physical abuse;
      4. Obtained a temporary restraining order or other no contact order to protect the individual from future physical abuse; or
      5. Filed other criminal or civil legal proceedings regarding physical protection.
   3. The procedures for submitting the written notification from the individual that disclosure of the home address or personal telephone number of the individual no longer constitutes a danger to personal safety.
3. A request described in subsection (1) of this section shall remain effective:
   1. Until the public body receives a written request for termination but no later than five years after the date that a public body receives the request; or
   2. In the case of a voter registration record, until the individual must update the individual's voter registration, at which time the individual may apply for another exemption from disclosure.
4. A public body may disclose a home address or personal telephone number of an individual exempt from disclosure under subsection (1) of this section upon court order, on request from any law enforcement agency or with the consent of the individual.
5. A public body shall not be held liable for granting or denying an exemption from disclosure under this section or any other unauthorized release of a home address or personal telephone number granted an exemption from disclosure under this section.
6. This section does not apply to county property and lien records.
   <1993 C.787 S5; 1995 C.742 S12>

1. Subject to ORS 192.480, any person denied the right to inspect or to receive a copy of any public record of a state agency may petition the Attorney General to review the public record to determine if it may be withheld from public inspection. The burden is on the agency to sustain its action. The Attorney General shall issue an order denying or granting the petition, or denying it in part and granting it in part, within seven days from the day the Attorney General receives the petition.
2. If the Attorney General grants the petition and orders the state agency to disclose the record, or if the Attorney General grants the petition in part and orders the state agency to disclose a portion of the record, the state agency shall comply with the order in full within seven days after issuance of the order, unless within the seven-day period it issues a notice of its intention to institute proceedings for injunctive or declaratory relief in the Circuit Court for Marion County. Copies of the notice shall be sent to the Attorney General and by certified mail to the petitioner at the address shown on the petition. The state agency shall institute the proceedings within seven days after it issues its notice of intention to do so. If the Attorney General denies the petition in whole or in part, or if the state agency continues to withhold the record or a part of it notwithstanding an order to disclose by the Attorney General, the person seeking disclosure may institute such proceedings.
3. The Attorney General shall serve as counsel for the state agency in a suit filed under subsection (2) of this section if the suit arises out of a determination by the Attorney General that the public record should not be disclosed, or that a part of the public record should not be disclosed if the state agency has fully complied with the order of the Attorney General requiring disclosure of another part or parts of the public record, and in no other case. In any case in which the Attorney General is prohibited from serving as counsel for the state agency, the agency may retain special counsel.
   <1973 C.794 S6; 1975 C.308 S2>

1. The failure of the Attorney General or district attorney to issue an order under ORS 192.450 or 192.460 denying, granting, or denying in part and granting in part a petition to require disclosure within seven days from the day of receipt of the petition shall be treated as an order denying the petition for the purpose of determining whether a person may institute proceedings for injunctive or declaratory relief under ORS 192.450 or 192.460.
2. The failure of an elected official to deny, grant, or deny in part and grant in part a request to inspect or receive a copy of a public record within seven days from the day of receipt of the request shall be treated as a denial of the request for the purpose of determining whether a person may institute proceedings for injunctive or declaratory relief under ORS 192.450 or 192.460.
   <1975 C.308 S5>

1. A petition to the Attorney General or district attorney requesting the Attorney General or district attorney to order a public record to be made available for inspection or to be produced shall be in substantially the following form, or in a form containing the same information:
   ______________ (date)
   I (we), ____________ (name(s)), the undersigned, request the Attorney General (or District Attorney of ______ County) to order ______ (name of governmental body) and its employees to (make available for inspection) (produce a copy or copies of) the following records:
   1. _____________________________
   (Name or description of record)
   2. _____________________________
   (Name or description of record)
   I (we) asked to inspect and/or copy these records on ______(date) at ______ (address). The request was denied by the following person(s):
   1. _____________________________
   (Name of public officer or employee; title or position, if known)
   2. _____________________________
   (Name of public officer or employee; title or position, if known)
   _____________________________
   (Signature(s)) ______________________________
   This form should be delivered or mailed to the Attorney General's office in Salem, or the district attorney's office in the county courthouse.
2. Promptly upon receipt of such a petition, the Attorney General or district attorney shall notify the public body involved. The public body shall thereupon transmit the public record disclosure of which is sought, or a copy, to the Attorney General, together with a statement of its reasons for believing that the public record should not be disclosed. In an appropriate case, with the consent of the Attorney General, the public body may instead disclose the nature or substance of the public record to the Attorney General.
   <1973 C.794 S10>

1. In any suit filed under ORS 192.450, 192.460, 192.470 or 192.480, the court has jurisdiction to enjoin the public body from withholding records and to order the production of any records improperly withheld from the person seeking disclosure. The court shall determine the matter de novo and the burden is on the public body to sustain its action. The court, on its own motion, may view the documents in controversy in camera before reaching a decision. Any noncompliance with the order of the court may be punished as contempt of court.
2. Except as to causes the court considers of greater importance, proceedings arising under ORS 192.450, 192.460, 192.470 or 192.480 take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way.
3. If a person seeking the right to inspect or to receive a copy of a public record prevails in the suit, the person shall be awarded costs and disbursements and reasonable attorney fees at trial and on appeal. If the person prevails in part, the court may in its discretion award the person costs and disbursements and reasonable attorney fees at trial and on appeal, or an appropriate portion thereof. If the state agency failed to comply with the Attorney General's order in full and did not issue a notice of intention to institute proceedings pursuant to ORS 192.450 (2) within seven days after issuance of the order, or did not institute the proceedings within seven days after issuance of the notice, the petitioner shall be awarded costs of suit at the trial level and reasonable attorney fees regardless of which party instituted the suit and regardless of which party prevailed therein.
   <1973 C.794 S9; 1975 C.308 S3; 1981 C.897 S40>

1. Records less than 75 years old which contain information about the physical or mental health or psychiatric care or treatment of a living individual, if the public disclosure thereof would constitute an unreasonable invasion of privacy. The party seeking disclosure shall have the burden of showing by clear and convincing evidence that the public interest requires disclosure in the particular instance and that public disclosure would not constitute an unreasonable invasion of privacy.
2. Records less than 75 years old which were sealed in compliance with statute or by court order. Such records may be disclosed upon order of a court of competent jurisdiction or as otherwise provided by law.
3. Records of a person who is or has been in the custody or under the lawful supervision of a state agency, a court or a unit of local government, are exempt from disclosure for a period of 25 years after termination of such custody or supervision to the extent that disclosure thereof would interfere with the rehabilitation of the person if the public interest in confidentiality clearly outweighs the public interest in disclosure. Nothing in this subsection, however, shall be construed as prohibiting disclosure of the fact that a person is in custody.
4. Student records required by state or federal law to be exempt from disclosure.
   <1979 C.301 S3>

1. Records of a public body pertaining to litigation to which the public body is a party if the complaint has been filed, or if the complaint has not been filed, if the public body shows that such litigation is reasonably likely to occur. This exemption does not apply to litigation which has been concluded, and nothing in this subsection shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation;
2. Trade secrets. "Trade secrets," as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within an organization and which is used in a business it conducts, having actual or potential commercial value, and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it;
3. Investigatory information compiled for criminal law purposes. The record of an arrest or the report of a crime shall be disclosed unless and only for so long as there is a clear need to delay disclosure in the course of a specific investigation, including the need to protect the complaining party or the victim. Nothing in this subsection shall limit any right constitutionally guaranteed, or granted by statute, to disclosure or discovery in criminal cases. For purposes of this subsection, the record of an arrest or the report of a crime includes, but is not limited to:
   1. The arrested person's name, age, residence, employment, marital status and similar biographical information;
   2. The offense with which the arrested person is charged;
   3. The conditions of release pursuant to ORS 135.230 to 135.290;
   4. The identity of and biographical information concerning both complaining party and victim;
   5. The identity of the investigating and arresting agency and the length of the investigation;
   6. The circumstances of arrest, including time, place, resistance, pursuit and weapons used; and
   7. Such information as may be necessary to enlist public assistance in apprehending fugitives from justice;
4. Test questions, scoring keys, and other data used to administer a licensing examination, employment, academic or other examination or testing procedure before the examination is given and if the examination is to be used again. Records establishing procedures for and instructing persons administering, grading or evaluating an examination or testing procedure are included in this exemption, to the extent that disclosure would create a risk that the result might be affected;
5. Information consisting of production records, sale or purchase records or catch records, or similar business records of a private concern or enterprise, required by law to be submitted to or inspected by a governmental body to allow it to determine fees or assessments payable or to establish production quotas, and the amounts of such fees or assessments payable or paid, to the extent that such information is in a form which would permit identification of the individual concern or enterprise. This exemption does not include records submitted by long term care facilities as defined in ORS 442.015 to the state for purposes of reimbursement of expenses or determining fees for patient care. Nothing in this subsection shall limit the use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceeding;
6. Information relating to the appraisal of real estate prior to its acquisition;
7. The names and signatures of employees who sign authorization cards or petitions for the purpose of requesting representation or decertification elections;
8. Investigatory information relating to any complaint filed under ORS 659.040 or 659.045, until such time as the complaint is resolved under ORS 659.050, or a final administrative determination is made under ORS 659.060;
9. Investigatory information relating to any complaint or charge filed under ORS 243.676 and 663.180;
10. Records, reports and other information received or compiled by the Director of the Department of Consumer and Business Services under ORS 697.732;
11. Information concerning the location of archaeological sites or objects as those terms are defined in ORS 358.905, except if the governing body of an Indian tribe requests the information and the need for the information is related to that Indian tribe's cultural or religious activities. This exemption does not include information relating to a site that is all or part of an existing, commonly known and publicized tourist facility or attraction;
12. A personnel discipline action, or materials or documents supporting that action;
13. Information developed pursuant to ORS 496.004, 496.172 and 498.026 or ORS 496.192 and 564.100, regarding the habitat, location or population of any threatened species or endangered species;
14. Writings prepared by or under the direction of faculty of public educational institutions, in connection with research, until publicly released, copyrighted or patented;
15. Computer programs developed or purchased by or for any public body for its own use. As used in this subsection, " computer program" means a series of instructions or statements which permit the functioning of a computer system in a manner designed to provide storage, retrieval and manipulation of data from such computer system, and any associated documentation and source material that explain how to operate the computer program. " Computer program" does not include:
    1. The original data, including but not limited to numbers, text, voice, graphics and images;
    2. Analyses, compilations and other manipulated forms of the original data produced by use of the program; or
    3. The mathematical and statistical formulas which would be used if the manipulated forms of the original data were to be produced manually;
16. Investigatory information relating to any complaint or charge filed under ORS chapter 654, until a final administrative determination is made or, if a citation is issued, until an employer receives notice of any citation;
17. Specific operational plans in connection with an anticipated threat to individual or public safety for deployment and use of personnel and equipment, prepared and used by a law enforcement agency, if public disclosure thereof would endanger the life or physical safety of a citizen or law enforcement officer or jeopardize the law enforcement activity involved;
18. 1. Audits or audit reports of a telecommunications utility. As used in this paragraph, "audit or audit report of a telecommunications utility" means any external or internal audit or audit report pertaining to a telecommunications utility, as defined in ORS 759.005, or pertaining to a corporation having an affiliated interest, as defined in ORS 759.010, with a telecommunications utility that is intended to make the operations of the entity more efficient, accurate or compliant with applicable rules, procedures or standards, that may include self-criticism and that has been filed by the telecommunications utility or affiliate under compulsion of state law. "Audit or audit report of a telecommunications utility" does not mean an audit of a cost study that would be discoverable in a contested case proceeding and that is not subject to a protective order.
    2. Financial statements. As used in this paragraph, " financial statement" means a financial statement of a nonregulated corporation having an affiliated interest, as defined in ORS 759.010, with a telecommunications utility, as defined in ORS 759.005; and
19. The residence address of an elector if authorized under ORS 247.965 and subject to ORS 247.967.

1. Communications within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to any final agency determination of policy or action. This exemption shall not apply unless the public body shows that in the particular instance the public interest in encouraging frank communication between officials and employees of public bodies clearly outweighs the public interest in disclosure.
2. Information of a personal nature such as but not limited to that kept in a personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. The party seeking disclosure shall have the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy.
3. Information submitted to a public body in confidence and not otherwise required by law to be submitted, where such information should reasonably be considered confidential, the public body has obliged itself in good faith not to disclose the information, and when the public interest would suffer by the disclosure.
4. Information or records of the Department of Corrections, including the State Board of Parole and Post-Prison Supervision, to the extent that disclosure thereof would interfere with the rehabilitation of a person in custody of the department or substantially prejudice or prevent the carrying out of the functions of the department, if the public interest in confidentiality clearly outweighs the public interest in disclosure.
5. Records, reports and other information received or compiled by the Director of the Department of Consumer and Business Services in the administration of ORS chapters 723 and 725 not otherwise required by law to be made public, to the extent that the interests of lending institutions, their officers, employees and customers in preserving the confidentiality of such information outweighs the public interest in disclosure.
6. Reports made to or filed with the court under ORS 137.077 or 137.530.
7. Any public records or information the disclosure of which is prohibited by federal law or regulations.
8. Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential or privileged under Oregon law.
9. Public records or information described in this section, furnished by the public body originally compiling, preparing or receiving them to any other public officer or public body in connection with performance of the duties of the recipient, if the considerations originally giving rise to the confidential or exempt nature of the public records or information remain applicable.
10. Records of the Energy Facility Siting Council concerning the review or approval of security programs pursuant to ORS 469.530.
11. Employee and retiree address, telephone number and other nonfinancial membership records and employee financial records maintained by the Public Employes' Retirement System pursuant to ORS chapter 238 and ORS 238.410.
12. Records submitted by private persons or businesses to the State Treasurer or the Oregon Investment Council relating to proposed acquisition, exchange or liquidation of public investments under ORS chapter 293 may be treated as exempt from disclosure when and only to the extent that disclosure of such records reasonably may be expected to substantially limit the ability of the Oregon Investment Council to effectively compete or negotiate for, solicit or conclude such transactions. Records which relate to concluded transactions are not subject to this exemption.
13. The monthly reports prepared and submitted under ORS 293.761 and 293.766 concerning the Public Employes' Retirement Fund and the Industrial Accident Fund may be uniformly treated as exempt from disclosure for a period of up to 90 days after the end of the calendar quarter.
14. Reports of unclaimed property filed by the holders of such property to the extent permitted by ORS 98.352.
15. The following records, communications and information submitted to the Oregon Economic Development Commission, the Economic Development Department, the State Department of Agriculture, the Oregon Resource and Technology Development Corporation, the Port of Portland or other ports, as defined in ORS 777.005, by applicants for loans or services described in ORS 285.120:
    1. Personal financial statements.
    2. Financial statements of applicants.
    3. Customer lists.
    4. Information of an applicant pertaining to litigation to which the applicant is a party if the complaint has been filed, or if the complaint has not been filed, if the applicant shows that such litigation is reasonably likely to occur; this exemption does not apply to litigation which has been concluded, and nothing in this paragraph shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation.
    5. Production, sales and cost data.
    6. Marketing strategy information that relates to applicant's plan to address specific markets and applicant's strategy regarding specific competitors.
16. Records, reports or returns submitted by private concerns or enterprises required by law to be submitted to or inspected by a governmental body to allow it to determine the amount of any transient lodging tax payable and the amounts of such tax payable or paid, to the extent that such information is in a form which would permit identification of the individual concern or enterprise. Nothing in this subsection shall limit the use which can be made of such information for regulatory purposes or its admissibility in any enforcement proceedings. The public body shall notify the taxpayer of the delinquency immediately by certified mail. However, in the event that the payment or delivery of transient lodging taxes otherwise due to a public body is delinquent by over 60 days, the public body shall disclose, upon the request of any person, the following information:
    1. The identity of the individual concern or enterprise that is delinquent over 60 days in the payment or delivery of the taxes.
    2. The period for which the taxes are delinquent.
    3. The actual, or estimated, amount of the delinquency.
17. All information supplied by a person under ORS 151.430 to 151.491 for the purpose of requesting court-appointed counsel, and all information supplied to the State Court Administrator from whatever source for the purpose of verifying indigency of a person pursuant to ORS 151.430 to 151.491.
18. Workers' compensation claim records of the Department of Consumer and Business Services, except in accordance with rules adopted by the Director of the Department of Consumer and Business Services, in any of the following circumstances:
    1. When necessary for insurers, self-insured employers and third party claim administrators to process workers' compensation claims.
    2. When necessary for the director, other governmental agencies of this state or the United States to carry out their duties, functions or powers.
    3. When the disclosure is made in such a manner that the disclosed information cannot be used to identify any worker who is the subject of a claim.
    4. When a worker or the worker's representative requests review of the worker's claim record.
19. Sensitive business records or financial or commercial information of the Oregon Health Sciences University that is not customarily provided to business competitors.
20. Records of the Oregon Health Sciences University regarding candidates for the position of university president.
21. The records of a library, including circulation records, showing use of specific library material by a named person or consisting of the name of a library patron together with the address or telephone number, or both, of the patron.
    <1987 C.373 S23E; 1987 C.764 S3; 1987 C.898 S27 (ENACTED IN LIEU OF 192.500); 1989 C.6 S17; 1989 C.925 S1; 1991 C.825 S 7; 1993 C.694 S27; 1993 C.817 S1; 1995 C.79 S70; 1995 C.162 S62A; 1995 C.604 S1>

1. A person or agency submitting a report to the Department of Transportation under ORS 810.460 and 810.470 may not release the report or information from the report to any person who intends to use the information for commercial purposes.
2. For purposes of determining intent, the person or agency responsible for deciding whether or not information may be released is entitled to rely on a written certification of intent signed by the person requesting release of the report or information.
3. As used in this section, "commercial purposes" has the meaning given in ORS 802.224.
   <1993 C.224 S3>

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