Public Records Toolkit - Oregon Department of Justice

Oregon’s open government laws promote democracy and transparency. Oregonians have a right to know how their government works and spends money. This toolkit will help you understand and exercise your right to access government information. It also provides links to resources and answers to commonly asked questions about Oregon’s Public Records Law.

Public Records Dashboard: Review the current status of public records requests and public records appeals submitted to the Oregon Department of Justice.
Request Oregon Department of Justice Records: Make a public records request to the Oregon Department of Justice via our online portal.
Appeal a State Agency’s Denial of Your Request for Records(Opens in a new tab/window): If a state agency has denied your request for public records, denied your request for a fee waiver or reduction, or failed to meet processing deadlines, you may ask the Attorney General to order the agency to comply with the Public Records Law.
Public Records Exemptions(Opens in a new tab/window): Oregon law contains over 500 exemptions to the disclosure of public records. The Attorney General maintains a publicly available catalog of these exemptions. This searchable catalog includes, for each exemption the full text, a brief description, the affected agencies, and particularly significant appellate cases and public records orders. The catalog serves only as a guide and does not have any legal effect.
Attorney General’s Public Records and Meetings Manual: The Attorney General publishes and periodically updates a manual to help citizens, state agencies, and local governments better understand and comply with Oregon’s Public Records Law.
Public Records Orders(Opens in a new tab/window): The Attorney General issues Public Records Orders in response to appeals from state agencies’ public records decisions. Those orders are available from the State Law Library.
Oregon Sunshine Committee: The Oregon Sunshine Committee reviews the hundreds of exemptions that can keep government information out of public hands, with the goal of creating a more transparent government.

Oregon Public Records Toolkit FAQs

What is a public record?: With a few exceptions, all government records of any kind are considered public records. A public record is any writing with information about the conduct of public business that is prepared, owned, used or retained by a public body.
Who is subject to Public Records Law?: The law applies to every public body, including every state officer, agency, department, bureau, board, and commission, as well as every county and city governing body, school district, special district, municipal corporation, or any board, department, commission, council or agency thereof.
How do I request a public record?: You must make a public records request to the government agency or official who has or controls the record. You may submit your request in writing, including email. All public bodies in Oregon must publish a written procedure that explains how to make a public records request.
Can a government agency charge citizens for copies of public records?: Public agencies may charge a fee to recover the cost of fulfilling a records request. You may be required to cover the costs of compiling records up front. Fees are sometimes waived or reduced if doing so is in the public interest. You can appeal a public agency’s refusal to waive the fee.
Are all public records subject to disclosure?: Most public records are subject to disclosure, but there are exemptions. Records related to an active criminal investigation are exempt from disclosure until the case is resolved. Confidential communications between government officials and government lawyers are also exempt from disclosure. Public agencies that deny public records requests must show that their denials are consistent with the law. For a list of exemptions and a discussion of their application, visit the Attorney General’s Public Records and Meetings Manual.
What can I do if a government agency denies my request for public records?: If a state agency has denied your request for public records, you may file an appeal to the Oregon Attorney General using the Petition For Public Records Order. Denial by a local government must be appealed to the county District Attorney. If your appeal is denied, you may file a lawsuit challenging the ruling in Circuit Court.
What can I do if my records request is denied by an elected official?: If an elected official denies your request for public records, you cannot appeal to the Attorney General or District Attorney. To challenge the decision, you must file a lawsuit in Circuit Court.
Are medical records subject to the public records law?: Medical records in the custody of public bodies are subject to the Public Records Law. ORS 179.505 addresses the disclosure of medical records maintained by certain publicly operated institutions and programs, such as Oregon State Hospital and the Department of Corrections. Other state or federal laws may also restrict or prohibit disclosure of records to the extent they contain health information. Such information may also be exempt from disclosure under the personal privacy exemption, ORS 192.355(2). Medical records maintained by private physicians or hospitals are not covered by the public records law because they are not in the possession of public bodies. Some guidance on the disclosure of such records may be found in ORS 192.553 to 192.581.
Should a public body redact an individual’s Social Security number (SSN) from records that otherwise are not exempt from disclosure?: We recommend that public bodies should not disclose any SSNs without advice from their legal counsel. Public employees’ SSNs contained in the public employer’s personnel records are exempt from disclosure under ORS 192.355(3), absent clear and convincing evidence of a public interest. And various other exemptions expressly exempt the disclosure of SSNs of certain individuals. SSNs may also be exempt under the personal privacy exemption, ORS 192.355(2). The Oregon Court of Appeals has held that SSNs of a city’s employees were not exempt under the personal privacy exemption. However, the court reached that result without discussion, and the decision came before the express exemption for SSNs of public employees in ORS 192.355(3); before the Oregon Supreme Court had interpreted the personal privacy exemption; and before various federal courts had interpreted the federal version of the personal privacy exemption to apply to SSNs. In addition, the Court of Appeals opinion predated the 1990 amendments to the Social Security Act that prohibit disclosure of SSNs in certain instances.
Is it a crime to tamper with public records?: Yes. Under ORS 162.305(1), a person commits the crime of tampering with public records if, without lawful authority, the person knowingly destroys, mutilates, conceals, removes, makes a false entry in, or falsely alters any public record. Tampering with Oregon State Lottery records is a Class C felony, while tampering with other public records is a Class A misdemeanor.
Who do I petition to review the denial of access to records in the custody of public universities, OHSU, special districts, TriMet, the Port of Portland, or community colleges?: The district attorney of the county in which the public body is located.
How can a public body be expected to determine within five business days of receiving a records request whether or not it is the custodian of the records?: If a public body is unable to determine within five business days whether or not it is the custodian of the requested records, it can notify the requester of this uncertainty. We recommend that a public body responding this way provide the requester with the estimated date by which the public body will be able to provide a substantive update on the request. One of the driving purposes of the deadlines at five and fifteen business days is to keep requesters updated on the progress of their requests.
How can a public body be expected to fulfill all public records requests within 15 business days, given the complexity and scope of some requests?: If a public body is still processing a request after 15 business days, the deadline can be satisfied by providing written notice to the requester of this continued processing and of a reasonable estimated date when the request will be completed. Of course, public bodies complying with the deadline must still complete requests as soon as practicable and without unreasonable delay. In addition, the 15 business-day deadline is tolled while the public body is awaiting payment or clarification from the requester. For public bodies struggling to monitor compliance with the deadline, we recommend sending a reasonable estimated date of completion to the requester as soon as payment is received, or as soon as the public body decides to process the request for no charge.
Is a public body permitted to negotiate the scope of the records request with the requester?: Yes. For broad, complex, or costly requests, we recommend that a public body discuss scope with the requester. These conversations can be particularly constructive when the public body first determines the extent of its responsive records, likely exemptions, and alternatives that will allow the requester to obtain substantive information in a less costly manner. Some possible ways to limit the scope of the request are to agree on search terms, a date range to search, and which public employees’ records to search. Public bodies that have electronic records management systems can offer to limit the scope of the request to specific matters, or to searches within specific matters. While a requester is not obligated to modify the scope of the request, many requesters appreciate the opportunity to figure out ways to get the most informative records in a more timely manner and at a reduced cost.
How much information should be provided by a public body that is denying all or part of a records request?: A public body is generally required to provide the specific statute it is relying on to deny the request. However, it is good practice to also provide a brief description of the exemption. And in certain circumstances a public body may want to provide additional information: for example, if the public body is asserting several exemptions or dealing with a broad records request, it can provide a brief description for each exemption of what records are being withheld. The goal is to provide the requester with enough information to understand why access was denied and to determine whether or not to appeal the denial. Providing the requester with more information than the bare minimum can help avoid disputes over the denial. A public body is also required to direct the requester to the process for appealing the denial.