FALL 2006 NEWSLETTER
GEORGIA FOI ACCESS
GEORGIA FIRST AMENDMENT FOUNDATION

The 42 authors of FOI-harming laws in Georgia in this century; state’s 15th such law since 2000 ends access to the financial information about TransCard users on MARTA

By Tom Bennett

Lilburn, Ga., July 22, 2006 – When a record type is gone, it’s gone, and the 15th law in Georgia this century harming freedom of information access now is on the books, signed by Gov. Sonny Perdue.

It ends my access and yours to six record types. They are the Social Security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information of anyone buying a MARTA TransCard or SmartCard.

You can get a spirited debate about whether citizens and the media need to be able to get this information. Such a debate could fill the hours while waiting for an executive session of a Georgia agency to end, for example. Georgians are conflicted about privacy versus access. But this fact remains now that new ’06 laws have taken effect on July 1: The citizen and reporter access to the millions of lines of data to be found in these seven data types on the computers at MARTA is g-o-n-e.

Four metro Atlanta state representatives co-sponsored House Bill 955. They are Harry Geisinger of Roswell, Jill Chambers of Atlanta, Fran Millar of Dunwoody and Edward Lindsey of Atlanta.

There’s good news: The number of FOI-harming bills has tailed off from three each in what were four years of a privacy blitz, 2001 through 2004, to only two in 2005 and one this year.

GOV. ROY BARNES

-- 2000 --

There were none.

-- 2001 (3) --

Exempt home addresses, home telephone numbers. Social Security numbers, and insurance or medical information about teachers and employees of public schools. Official Code of Georgia Annotated 50-18-72-13.1. That year's House Bill 65. The co-authors were Reps. Tom Murphy of Bremen, Jeanette Jameison of Toccoa and Jimmy Skipper of Americus. Signed by Gov. Roy Barnes.

Exempt individuals' Social Security numbers, mother's birth name, credit card information, debit card information, bank account information, financial data and insurance or medical information, and if technically feasible at reasonable cost, the day and month of birth. However, Social Security numbers and day and month of birth shall not be redacted if the requestor states in writing under oath he or she represented a news media organization, and will use the information in news gathering. This exemption to the exemption for the news media shall not apply to teachers and employees of public schools. Official Code of Georgia Annotated 50-18-72-11.3. That year's Senate Bill 205. The co-authors were Sens. Steve Thompson of Powder Springs, Connie Stokes of Decatur and Charlie Tanksley of Marietta. Signed by Gov. Roy Barnes.

Exempt the names, home and work addresses, home and work telephone numbers and hours of employment of persons participating in carpooling or ridesharing programs. Official Code of Georgia Annotated 50-18-72-14. That year's House Bill 393. The co-authors were Reps. Karla Lea Drenner of Avondale and Jim Martin of Atlanta. Signed by Gov. Roy Barnes.

-- 2002 (3) --

Exempt for 50 years the U.S. Dept. of Defense form 214's filed by veterans with county clerks and intended to support claims for benefits. Official Code of Georgia Annotated 15-6-72. That year's House Bill 1203. The co-authors were Rep. Ken Birdsong of Gordon, Tom Murphy of Bremen, Larry Walker of Perry, Jimmy Skipper of Americus, Calvin Smyre of Columbus and Jack Connell of Augusta. Signed by Gov. Roy Barnes.

Exempt state auditor work papers until a final report is released. Also allows auditor of keep confidential documents he or she determines "are necessary to protect against a security risk." A six-months-old denial of an open-records request may be challenged in Fulton Superior Court. Official Code of Georgia Annotated 50-6-9. That year's House Bill 1285. The author was Rep. Larry Walker of Perry. Signed by Gov. Roy Barnes.

Exempt coroners' and medical examiners’ autopsy photos. A court "may condition any disclosure.. as... necessary." Official Code of Georgia Annotated 45-17-27(8). That year's Senate Bill 110. The co-authors were Sens. Steve Thompson of Powder Springs and Charlie Tanksley of Marietta. Signed by Gov. Roy Barnes.

GOV. SONNY PERDUE

-- 2003(3) --

Exempt the names, addresses and telephone numbers of 911 emergency systems if it is necessary to prevent the disclosure of the identity of a confidential source. Official Code of Georgia Annotated 50-18-72(a)(15). That year's House Bill 246. The co-authors were Reps. Ken Birdsong of Gordon and Curtis Jenkins of Forsyth. Signed by Gov. Sonny Perdue.

Exempt meetings and records that would compromise security against sabotage or criminal or terrorist acts. A court "may condition any disclosure.. as... necessary." Official Code of Georgia Annotated 50-14-3 and 50-18-72(a)(15). That year's Senate Bill 113. The co-authors were Sens. Brian Kemp of Athens, Ross Tolleson of Perry, Sam Zamarippa of Atlanta, Preston Smith of Rome, Randy Hall of Augusta and William Hamrick of Douglasville. Signed by Gov. Sonny Perdue.

Exempt unsolicited proposals from private entities to build mass transportation projects until a commitment agreement has been signed. Official Code of Georgia Annotated 32-2-78. That year's Senate Bill 257. The co-authors were Sens. Tommie Williams of Lyons, Liane Levetan of Atlanta, Brian Kemp of Athens, Charlie Tanksley of Marietta, David Adelman of Decatur and Bill Stephens of Toccoa. Signed by Gov . Sonny Perdue.

-- 2004 (3) --

Exempt recreation-program records identifying the names of children 12 or younger. Official Code of Georgia Annotated 50-18-72(a)(15). That year's House Bill 1358. The co-authors were Reps. Charles Martin of Alpharetta, Mike Boggs of Waycross, Larry Walker of Perry, Tom Campbell of Roswell, Mark Burkhalter of Alpharetta and Lynn Westmoreland of Newnan. Signed by Gov. Sonny Perdue.

Exempt home addresses and phone numbers of Revenue Dept. employees. Official Code of Georgia Annotated 48-1-2(14). That year's House Bill 1437. The co-authors were Reps. Richard Royal of Camilla, Glenn Richardson of Dallas, Larry O'Neal of Warner Robins, Tom Buck of Columbus, Jimmy Skipper of Americus and Jerry Keen of St. Simons Island. Signed by Gov. Sonny Perdue.

Exempt records of farm-water use by individual farms. Official Code of Georgia Annotated 2-6-52. That year's Senate Bill 436. The co-sponsors were Sens. Tommie Williams of Lyons and Jack Hill of Reidsville. Signed by Gov. Sonny Perdue.

-- 2005 (2) --

Exempt records maintained by public post-secondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors. Official Code of Georgia Annotated 50-18-72. That year's House Bill 340. The co-authors were Reps. Bill Hembree of Douglasville, Glenn Richardson of Hiram, Bob Smith of Watkinsville, Vance Smith of Pine Mountain, Richard Royal of Camilla and Johnny Floyd of Cordele. Signed by Gov. Sonny Perdue.

Exempt the home address, home telephone number, Social Security number or insurance or medical information about public employees. Official Code of Georgia Annotated 50-18-72. That year's House Bill 437. The author was Rep. Austin Scott of Tifton. Signed by Gov. Sonny Perdue.

2006 (1)

Exempt financial records or travel history of any individual who is a purchaser of a Metropolitan Atlanta Rapid Transit Authority TransCard or SmartCard or similar fare medium. Such financial records shall include but not be limited to Social Security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information but shall not include the user’s name. Official Code of Georgia Annotated 50-18-72. The year’s House Bill 955. The authors were Rep. Harry Geisinger of Roswell, Jill Chambers of Atlanta, Fran Millar of Dunwoody and Edward Lindsey of Atlanta. Signed by Gov. Sonny Perdue.

Tom Bennett of Lilburn reports on FOI issues for Georgia FOI Access.