Records Not Constituting Public Records

  1. Law
  2. Georgia Code
  3. State Government
  4. Office of State Treasurer
  5. Records Not Constituting Public Records

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  1. The following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
    1. Participant account balances in the local government investment pool;
    2. All wiring or Automated Clearing House transfer of funds instructions;
    3. Account analysis statements received or prepared by the staff of the Office of the State Treasurer;
    4. All bank account numbers in the possession of the Office of the State Treasurer and any record or document containing such numbers;
    5. All proprietary computer software in the possession or under the control of the Office of the State Treasurer; and
    6. All security codes and procedures related to physical, electronic, or other access to the Office of the State Treasurer, its systems, and its software.
  2. For a period from the opening of bank accounts until such time as those bank accounts are closed, the local government investment pool resolutions which pertain to the opening and maintenance of bank accounts shall not constitute public records and shall not be open to inspection by the general public.
  3. For a period from the date of creation of the record until the end of the calendar quarter in which the record is created, the following records, or portions thereof, shall not constitute public records and shall not be open to inspection by the general public:
    1. Investment trade tickets; and
    2. Bank statements of the Office of the State Treasurer.
  4. For a period from the date of creation of the record until 30 days after adoption, bank fee payment schedules shall not constitute public records and shall not be open to inspection by the general public.
  5. The restrictions of subsections (a), (b), (c), and (d) of this Code section shall not apply to access:
    1. Required by law, including disclosures required by subpoena or other legal process of a court or administrative agency having competent jurisdiction in legal proceedings where the State of Georgia or the Office of the State Treasurer is a party;
    2. In prosecutions or other court actions to which the State of Georgia or the Office of the State Treasurer is a party;
    3. Given to federal or state regulatory or law enforcement agencies;
    4. Given to any person or entity in connection with its account in the local government investment pool managed by the Office of the State Treasurer pursuant to Chapter 83 of Title 36, the "Local Government Investment Pool Act"; or
    5. Given to the Governor, the Attorney General and the Department of Law, the Office of Planning and Budget, officers of the General Assembly, the legislative budget offices, the state accounting officer and the State Accounting Office, the state auditor and the Department of Audits and Accounts, or the State Depository Board for use and public disclosure in the ordinary performance of those officers' and offices' duties.

(Code 1981, §50-5A-11, enacted by Ga. L. 1997, p. 569, § 1; Ga. L. 2005, p. 694, § 4/HB 293; Ga. L. 2010, p. 863, § 1/SB 296.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2002, "Department of Audits and Accounts" was substituted for "Department of Audits" in paragraph (e)(5).


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