A public body may transfer funds to or receive a switch of funds from members of the general public in addition to different public entities. To execute such transfers, the public physique might have information containing info that might allow an individual to access funds maintained in a personal or public account. The legislature chose to handle that risk by giving public bodies immunity against any ensuing misappropriation claims. In addition, in adopting the UTSA, the legislature didn’t amend the existing conditional exemption for trade secrets, despite clearly being aware of the UTSA’s interaction with Public Records Law.
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Oregon courts interpret exemptions narrowly,as does the Attorney General. In addition, a public physique that denies a information request has the burden of proving that the data is exempt from disclosure. “Actual cost” additionally may include the cost of time spent by the general public physique’s lawyer reviewing and redacting, although the cost of the attorney’s time spent figuring out the application of the Public Records Law just isn’t recoverable. The statutory proper to inspect public data encompasses a right to look at unique information, and inspection of originals ordinarily ought to be allowed if requested. But the proper to examine doesn’t embody a proper to flick through file cabinets, file folders, or digital recordsdata,and a public body might undertake administrative measures to supervise unique document evaluation. Furthermore, the proper to look at original information does not require a public body to permit inspection of an unique record that contains some data that is exempt from disclosure.In such a case, a public body acts reasonably if it furnishes a duplicate of the original, with the exempt material redacted.
Determining whether the general public curiosity requires disclosure of a selected record is a two-step process. If a public body asserts an exemption that’s finally rejected by the courts, the public body may be required to pay the requester’s litigation costs and attorney charges, in addition to its own costs.
And finally, on the time the UTSA was adopted, the Public Records Law did not comprise the “catchall” exemption contained in ORS 192.355. Instead, the Public Records Law included an enumerated list of particular statutes providing for some type of confidentiality. Once a records request is received for any information that has been labeled as commerce secret, the public physique should notify the entity and request factual data, and authorized argument the place acceptable, that supports the assertion of the commerce secret exemption. Once the required info is obtained, the general public body will then be ready to correctly decide whether to claim the exemption. Before looking for formal review of a denial, it may be worthwhile for a dissatisfied requester to hunt a call at the next degree throughout the public physique. This will increase the probability of a favorable determination with out the necessity to search review, and should encourage the agency to obtain authorized recommendation concerning disclosure of the records at issue. If the request was denied by an area public body, but not an elected official, the requester might petition the district attorney within the county the place the general public physique is located for an order compelling disclosure of the information.
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In most instances it should be possible to finish the response inside ten enterprise days. However, in some cases extra time—even considerably extra time—could also be required. Records needn’t have been prepared originally by the public body to qualify as public data. If data ready outdoors the federal government comprise “data relating to the conduct of the public’s enterprise,” and are “owned, used or retained” by the general public body, the records are inside the scope of the Public Records Law. For instance, data obtained by a public physique from personal events in the course of fulfilling its statutory duties are public data if owned, used, or retained by the general public physique.And data created by and in the possession of a personal contractor are public data if the public body owns the information by contract.