Georgia Code
Article 4 - Inspection of Public Records
§ 50-18-72. When Public Disclosure Not Required

(21.1) (A) Records of the Department of Human Services concerning any foster parent or former foster parent that reveal his or her home address, home telephone number, day and month of birth, social security number, insurance or medical information, mother’s birth name, credit card information, debit card information, bank account information, account number, utility account number, password used to access his or her account, financial data or information other than compensation by a government agency, or unlisted telephone number if so designated in a public record or that reveal the identity of his or her immediate family members or dependents.
(25.1) School safety plans prepared pursuant to Code Section 20-2-1185, whether in the possession of a local school system, a local law enforcement agency, a local emergency management agency, the Department of Education, the Georgia Emergency Management and Homeland Security Agency, or any other public entity;
(25.2) Records of a person’s name and driver’s license information collected and maintained for purposes of Code Section 20-2-1127;
(26.1) In addition to the exemption provided by paragraph (26) of this subsection, audio recordings of a 9-1-1 telephone call to a public safety answering point which contain the speech in distress or cries in extremis of a caller who died during the call or the speech or cries of a person who was a minor at the time of the call, except to the following, provided that the person seeking the audio recording of a 9-1-1 telephone call submits a sworn affidavit that attests to the facts necessary to establish eligibility under this paragraph:
(26.2) Audio and video recordings from devices used by law enforcement officers in a place where there is a reasonable expectation of privacy when there is no pending investigation, except to the following, provided that the person seeking the audio or video recording submits a sworn affidavit that attests to the facts necessary to establish eligibility under this paragraph:
(B) For the purposes of this paragraph, the term “foster parent or former foster parent” means individuals who were approved to serve in such capacity by the Division of Family and Children Services of the Department of Human Services or a child-placing agency licensed in accordance with Code Section 49-5-12;
History. Ga. L. 1967, p. 455, § 1; Ga. L. 1970, p. 163, § 1; Code 1981, § 50-18-72 , enacted by Ga. L. 1982, p. 1789, § 1; Ga. L. 1986, p. 1090, § 2; Ga. L. 1987, p. 377, § 1; Ga. L. 1988, p. 13, § 50; Ga. L. 1988, p. 243, § 3; Ga. L. 1989, p. 553, § 2; Ga. L. 1989, p. 827, § 1; Ga. L. 1990, p. 341, § 1; Ga. L. 1992, p. 1061, § 8; Ga. L. 1993, p. 968, § 1; Ga. L. 1993, p. 1336, § 1; Ga. L. 1993, p. 1669, § 1; Ga. L. 1995, p. 704, § 1; Ga. L. 1996, p. 6, § 50; Ga. L. 1997, p. 1052, § 2; Ga. L. 1998, p. 1652, § 1; Ga. L. 1999, p. 552, §§ 4, 4.1; Ga. L. 1999, p. 809, §§ 4, 5; Ga. L. 1999, p. 1222, §§ 1, 2; Ga. L. 2000, p. 136, § 50; Ga. L. 2000, p. 1556, §§ 1, 2; Ga. L. 2001, p. 4, § 50; Ga. L. 2001, p. 327, § 1; Ga. L. 2001, p. 331, § 1; Ga. L. 2001, p. 491, § 1; Ga. L. 2001, p. 820, § 13; Ga. L. 2002, p. 415, § 50; Ga. L. 2003, p. 602, § 1; Ga. L. 2003, p. 880, § 2; Ga. L. 2004, p. 107, § 22; Ga. L. 2004, p. 161, § 15; Ga. L. 2004, p. 341, § 1A; Ga. L. 2004, p. 410, § 9; Ga. L. 2004, p. 770, § 1; Ga. L. 2005, p. 334, § 30-2/HB 501; Ga. L. 2005, p. 558, § 1/HB 437; Ga. L. 2005, p. 595, § 1/SB 121; Ga. L. 2005, p. 660, § 11/HB 470; Ga. L. 2005, p. 1133, § 1/HB 340; Ga. L. 2006, p. 72, § 50/SB 465; Ga. L. 2006, p. 536, § 1/HB 955; Ga. L. 2007, p. 87, § 1/SB 212; Ga. L. 2007, p. 160, § 1/HB 101; Ga. L. 2008, p. 564, § 2/SB 33; Ga. L. 2008, p. 829, § 4/HB 1020; Ga. L. 2009, p. 8, § 50/SB 46; Ga. L. 2009, p. 37, §§ 1, 1.1, 1.2/SB 26; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2009, p. 698, § 7/HB 126; Ga. L. 2010, p. 243, §§ 1, 2/HB 1086; Ga. L. 2010, p. 286, § 23/SB 244; Ga. L. 2010, p. 415, § 2/HB 249; Ga. L. 2010, p. 963, § 2-21/SB 308; Ga. L. 2011, p. 59, §§ 3-1, 1-68/HB 415; Ga. L. 2011, p. 611, § 1/HB 261; Ga. L. 2011, p. 705, § 5-29/HB 214; Ga. L. 2012, p. 211, § 4/SB 402; Ga. L. 2012, p. 218, § 2/HB 397; Ga. L. 2012, p. 775, § 50/HB 942; Ga. L. 2013, p. 141, § 50/HB 79; Ga. L. 2014, p. 418, § 2/HB 828; Ga. L. 2014, p. 451, § 15/HB 776; Ga. L. 2014, p. 692, § 1/HB 449; Ga. L. 2014, p. 742, § 2/HB 845; Ga. L. 2014, p. 866, § 50/SB 340; Ga. L. 2015, p. 805, § 13/HB 492; Ga. L. 2015, p. 943, § 5/HB 366; Ga. L. 2015, p. 1046, § 5/SB 94; Ga. L. 2015, p. 1065, § 2-3/SB 135; Ga. L. 2016, p. 6, § 2/SB 323; Ga. L. 2018, p. 753, § 3/HB 763; Ga. L. 2018, p. 927, § 4-1/HB 906; Ga. L. 2019, p. 302, § 1-2/HB 459; Ga. L. 2020, p. 38, § 9/SB 473; Ga. L. 2020, p. 493, § 50/SB 429; Ga. L. 2020, p. 903, § 2-3/HB 105; Ga. L. 2021, p. 110, § 2/HB 134; Ga. L. 2021, p. 559, § 2/SB 32; Ga. L. 2021, p. 922, § 50/HB 497.
The 2019 amendment, effective July 1, 2019, added paragraph (a)(25.2).
The 2020 amendments. —
The first 2020 amendment, effective July 1, 2020, substituted “Department of Community Affairs” for “Department of Natural Resources” twice in paragraph (a)(14). The second 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “Code Section 35-1-19” for “Code Section 35-1-18” at the end of paragraph (a)(4). The third 2020 amendment, effective August 5, 2020, deleted “or” at the end of paragraph (a)(49); added “; or” at the end of paragraph (a)(50); and inserted paragraph (a)(51). See Editor’s notes for applicability.
The 2021 amendments. —
The first 2021 amendment, effective April 29, 2021, deleted “and” at the end of division (a)(25)(A)(iv); added division (a)(25)(A)(v); and redesignated former division (a)(25)(A)(v) as division (a)(25)(A)(vi). The second 2021 amendment, effective May 6, 2021, in paragraph (a)(21), in the first sentence, inserted “personal mobile or wireless telephone number,” near the beginning, substituted “insurance information” for “insurance or information” near the middle, and substituted “data and information” for “data or information” in the middle; deleted “or” from the end of subparagraph (a)(21)(D); added “or” at the end of subparagraph (a)(21)(E); and added subparagraph (a)(21)(F). The third 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “email” for “e-mail” near the middle of paragraph (a)(19), in the middle of the first sentence of subparagraph (a)(20)(A), in subparagraph (a)(22)(B), and in the middle of the second sentence of paragraph (a)(30); and substituted “internet” for “Internet” in the middle of the first sentence of subparagraph (a)(20)(A).
Cross references.
Privilege against self incrimination, § 24-5-506 .
Confidentiality of records of medical peer review groups, § 31-7-133.
Confidentiality of portions of license applications directed to joint-secretary, § 43-1-2(k) .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2008, paragraph (a)(21), as enacted by Ga. L. 2008, p. 829, § 4, was redesignated as paragraph (a)(22); “or” was deleted at the end of paragraph (a)(20); and “; or” was substituted for a period at the end of paragraph (a)(21).
Pursuant to Code Section 28-9-5, in 2012, “or” was deleted at the end of paragraph (a)(46), “; or” was substituted for a period at the end of paragraph (a)(47), and paragraph (a)(24) as added by Ga. L. 2012, p. 211, § 1/SB 402 was redesignated as paragraph (a)(48).
Pursuant to Code Section 28-9-5, in 2015, paragraph (a)(49), as added by Ga. L. 2015, p. 1065, § 2-3/SB 135, was redesignated as paragraph (a)(50), “or” was deleted at the end of paragraph (a)(48), and “; or” was substituted for the period at the end of paragraph (a)(49).
Pursuant to Code Section 28-9-5, in 2018, a semicolon was substituted for a period at the end of paragraph (a)(12).
Pursuant to Code Section 28-9-5, in 2019, a semicolon was substituted for a period at the end of paragraph (a)(25.2).
Pursuant to Code Section 28-9-5, in 2020, “through its Division of Historic Preservation” was deleted following “Department of Community Affairs” in paragraph (a)(14).
Pursuant to Code Section 28-9-5 and the intent of Ga. L. 2020, p. 38/SB 473, in 2020, the amendment to paragraph (a)(18) by Ga. L. 2020, p. 38, § 9/SB 473 was not given effect.
Editor’s notes.
Ga. L. 1999, p. 809, § 1, not codified by the General Assembly, provides that the social security numbers on driver’s licenses and other pertinent personal identifying information appearing on Georgia Uniform Motor Vehicle Accident Reports is often used for fraudulent purposes and for invading the privacy of individuals; therefore, access to the Georgia Uniform Motor Vehicle Accident Reports should be restricted.
Ga. L. 2004, p. 410, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘State and Local Tax Revision Act of 2004.’ ”
Ga. L. 2004, p. 161, § 16, not codified by the General Assembly, provides that “all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act.”
Ga. L. 2005, p. 595, § 2/SB 121, not codified by the General Assembly, makes paragraph (a)(18) of this Code section applicable to all requests for copies of records or to inspect records filed or submitted on or after May 2, 2005, and that are pending on May 2, 2005.
Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section by that Act shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution.
Ga. L. 2011, p. 59, § 1-1/HB 415, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Jury Composition Reform Act of 2011.’ ”
Ga. L. 2011, p. 59, § 4-1(b)/HB 415, not codified by the General Assembly, provides that the amendment to this Code section by that Act shall apply to open records requests pending on May 3, 2011, or made on and after May 3, 2011.
Ga. L. 2012, p. 211, § 1/SB 402, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Employees’ Retirement System of Georgia Enhanced Investment Authority Act.’ ”
Ga. L. 2012, p. 218, § 18/HB 397, not codified by the General Assembly, provides, in part, that “the provisions of paragraph (47) of subsection (a) of Code Section 50-18-72 as enacted by this Act shall apply to any request for public records made prior to the effective date of this Act. Agencies shall be permitted to assert the provisions of paragraph (47) of subsection (a) of Code Section 50-18-72 as enacted by this Act as a basis for withholding documents covered by that paragraph in any pending or subsequently filed litigation regarding a request that occurred prior to the effective date of this Act.” This Act became effective April 17, 2012.
Ga. L. 2020, p. 903, § 4-1/HB 105, not codified by the General Assembly, provides that the amendment of that Act applies to sales of transportation on or after April 1, 2020.
Ga. L. 2020, p. 903, § 4-1/HB 105, approved by the Governor August 5, 2020, provided that the amendment of this Code section is effective April 1, 2020. See Op. Atty Gen. No. 76-76 for construction of effective date provisions that precede the date of approval by the Governor.
Code Section 47-7-127, referred to in paragraph (33) of subsection (a) of this Code section, was repealed by Ga. L. 2022, p. 287, § 1/HB 1056, effective May 2, 2022.
Law reviews.
For note on 1989 amendment to this Code section, see 6 Ga. St. U. L. Rev. 324 (1989).
For comment, “Confidentiality and Dissemination of Personal Information: An Examination of State Laws Governing Data Protection,” see 41 Emory L.J. 1185 (1992).
For note on 1992 amendment of this Code section, see 9 Ga. St. U.L. Rev. 344 (1992).
For article commenting on the 1997 amendment of this Code section, see 14 Ga. L. Rev. 25 (1997).
For note on 2000 amendment of this Code section, see 17 Ga. St. U. L. Rev. 316 (2000).
For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 328 (2001).
For survey article on local government law, see 59 Mercer L. Rev. 285 (2007).
For survey article on zoning and land use law, see 59 Mercer L. Rev. 493 (2007).
For article, “Must Government Contractors ‘Submit’ to Their Own Destruction?: Georgia’s Trade Secret Disclosure Exemption and United HealthCare of Georgia, Inc. v. Georgia Department of Community Health,” see 60 Mercer L. Rev. 825 (2009).
For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).
For article, “Crimes and Offenses,” see 27 Ga. St. U.L. Rev. 131 (2011).
For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 139 (2012).
For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 79 (2015).
For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 31 (2016).
For annual survey on local government law, see 69 Mercer L. Rev. 205 (2017).
For annual survey on local government law, see 71 Mercer L. Rev. 189 (2019).

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