1. Joan L. Lucas – General Counsel 325-8131 jlucas@legal.msstate.edu

3. Mississippi Public Records Act of 1983 - Mississippi Code Annotated Sections 25-61-1 et seq. United States Freedom of Information Act of 1966, United States Code Sections 5 U.S.C. 552 et seq. MSU Policy OP 06.04

4. Strong public policy that public records are public property and should be available to the public “Providing access to records is a duty of each public body” General Rule: EVERYTHING is available to the public BUT: There are exceptions

5. What: All records, papers, accounts and any other documentary materials prepared, possessed or retained for use or required to be maintained by a public body  But no obligation to create a record When: Must respond within 7 days from the date of the request How much: Hourly rate of lowest paid employee qualified to perform task plus the cost of the materials

6. Must be: Written Signed Dated NOT: Verbal NOT: E-mail

7. Trade Secrets Confidential Commercial Information of a Proprietary Nature Confidential Financial Information of a Proprietary Nature

8. Must be d eveloped by a college or university under contract with an individual, business, etc. Records furnished by a third parties containing trade secrets or proprietary information: Give third party notice of request for opportunity to obtain court order protecting information from disclosure If no court order within a reasonable time, information must be produced

9. Personnel Files Most academic records Attorney-client privilege/Attorney work product Exemption under federal law

10. “No rule, regulation, order or part of this chapter shall be construed to require a research facility to disclose publicly or to the Institutional Animal Committee during its inspection, trade secrets or commercial or financial information which is privileged or confidential.” 7 U.S.C. § 2143 Note: There are penalties for unlawful disclosure of confidential information of a research facility by IACUC members. 7 U.S.C. § 2157

11. Federally Funded Projects

12. OMB Circular – A-110 More limited scope than MS Public Records Act Provides for public access under certain circumstances to “research data” obtained through grants and other federal assistance. Applies to: Research data first produced in a project that is supported with federal funds AND Cited publicly by a federal agency in support of an action that has the force and effect of law

13. “Research data” = recorded factual material commonly accepted in the scientific community as necessary to validate research findings. NOT: drafts, peer reviews, communications between colleagues, trade secrets, information that should remain confidential until publication, personal identifiers.

14. 1.Contact general counsel immediately 2.Do not communicate with the requesting party

15. Call or E-mail Us Anytime 325-8131 mball@legal.msstate.edu