2015 ORS 192.420¹
Right to inspect public records
  • notice to public body attorney

(1) Every person has a right to inspect any public record of a public body in this state, except as otherwise expressly provided by ORS 192.501 (Public records conditionally exempt from disclosure) to 192.505 (Exempt and nonexempt public record to be separated).

(2)(a) If a person who is a party to a civil judicial proceeding to which a public body is a party, or who has filed a notice under ORS 30.275 (Notice of claim) (5)(a), asks to inspect or to receive a copy of a public record that the person knows relates to the proceeding or notice, the person must submit the request in writing to the custodian and, at the same time, to the attorney for the public body.

(b) For purposes of this subsection:

(A) The attorney for a state agency is the Attorney General in Salem.

(B) "Person" includes a representative or agent of the person. [1973 c.794 §3; 1999 c.574 §1; 2003 c.403 §1]

See also annota­tions under ORS 192.010 and 240.120 in permanent edi­tion.

Notes of Decisions

This statute creates right of access to public records that is not dependent on the requestor's need or motiva­tion; a public body may not refuse to produce records subject to inspec­tion under this sec­tion just because requestor already possesses them; and plaintiff's pos­ses­sion of the records does not justify trial court's refusal to declare the records public and subject to disclosure. Smith v. School District No. 45, 63 Or App 685, 666 P2d 1345 (1983), Sup Ct review denied

The public interest in disclosure of public records was not satisfied by "disclosure" of summarizing docu­ment, regardless of whether summary satisfied individual need of requesting party. Coos County v. Ore. Dept. of Fish and Wildlife, 86 Or App 168, 739 P2d 47 (1987), Sup Ct review denied

Atty. Gen. Opinions

Background ma­te­ri­als concerning agenda matters for city and county governing bodies as public records, (1978) Vol 38, p 1761

Notes of Decisions

Failure of legislature to include reference to courts and court records such as those particularly named in ORS 192.005 (Definitions for ORS 192.005 to 192.170) tells against applica­tion of these sec­tions to courts. State ex rel KOIN-TV v. Olsen, 300 Or 392, 711 P2d 966 (1985)

School district's blanket policy exempting public records from disclosure without individualized showing, violates public records law and is therefore unenforceable. Guard Publishing Co. v. Lane County School Dist., 310 Or 32, 791 P2d 854 (1990)

Atty. Gen. Opinions

Financial state­ments of hospitals as public records, (1974) Vol 36, p 893; crim­i­nal records subject to Public Records Law, (1974) Vol 37, p 126; power of county to refuse the right to copy maps, which are public records, with an individual's own equip­ment and to refuse to supply magnetic tape containing public records, (1979) Vol 39, p 721; Oregon Medical Insurance Pool is funda­mentally private-sector body, under virtually total private control, created by state to fulfill public purpose and is not state agency or public body subject to Public Records Law, (1989) Vol 46, p 155; ap­pli­ca­bil­i­ty to prison work program records, (1996) Vol 48, p 134; disclosure of per­sonal in­for­ma­­tion obtained from motor vehicle records, (1998) Vol 49, p 127

Law Review Cita­tions

53 OLR 354-363 (1974); 55 OLR 354-359 (1976); 56 OLR 387 (1977)

Chapter 192

Atty. Gen. Opinions

Attorney General's Public Meetings and Records Manual, (1973) Vol 36, p 543; public meetings and records manual, (1976) Vol 37, p 1087; pro­hi­bi­­tion on disclosing marriage records, (1998) Vol 49, p 21

  • Swider Medeiros Haver LLP Blog / Martin Medeiros, Nov 30, 2009
    “The so called Web 2.0 . . . has brought great change in our society: the disrup­tion, if not marginaliza­tion, of the tradi­tional print periodicals; a growing importance in intellectual prop­erty; and the rapid efficiency of in­for­ma­­tion flow. But, it also has complexities that must be attended to and not overlooked by its ease of use and entertaining value.”

1 Legislative Counsel Committee, CHAPTER 192—Records; Public Reports and Meetings, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors192.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 192, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano192.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.