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Georgia Supreme Court Determines Open Records Act Applies to Private Contractors Working for Governments


A recent decision by the Georgia Supreme Court has been lauded as a victory for open government after reversing a lower court’s ruling that a private contractor was exempt from the Georgia Open Records Act. The court unanimously ruled that a private contractor working for a public entity is still subject to the law and must comply with requests for public records they may possess.

The case involved a professor at the Georgia Institute of Technology who also does work for the college through his two companies. A man named Ryan Milliron submitted a records request related to the contractor’s work on behalf of the college for the Defense Advanced Research Projects Agency. The Supreme Court determined that the contractor is considered a custodian of the public records in his possession and is subject to the Open Records Act.

Meredith C. Kincaid, an attorney representing Milliron, expressed satisfaction with the ruling, stating that it reinforces important principles of government accountability. The Georgia First Amendment Foundation also weighed in on the case, arguing that the previous ruling would have negative implications for public access to records in the state.

Sarah Brewerton-Palmer, an attorney for the foundation, called the court’s opinion a welcome confirmation of the state’s commitment to open access to public records. She emphasized the importance of allowing members of the public to seek records directly from government contractors to ensure meaningful oversight and transparency in government operations. The ruling is seen as a significant step in upholding open government principles in Georgia.

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Photo credit georgiarecorder.com

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