KY AG Issues Opinion In Open Records Case
From Kentucky Public Radio's Tony McVeigh
The Kentucky Attorney General’s office says private corporations don’t have to respond to state Open Records Act requests, unless the companies are receiving public funds.
James Adkins wanted copies of his cell phone records for January 2006. So, he made an Open Records Act request to AT&T Mobility, which responded, but to the wrong address.
Not hearing from the company, Adkins appealed to the attorney general’s office. But the attorney general’s office says AT&T was not even legally bound to respond to Adkins under the Open Records Act because the company is not a public agency.
State law defines a public agency as any body that derives at least 25-percent of its money from state or local authority funds. In a sworn affidavit, Teresa Blizzard of AT&T Mobility says the company derives zero percent of its funding from public sources.
Therefore, the attorney general’s office says the company is not required either to release or respond to requests for its records under the Open Records Act.