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Legal Definitions - public record
Definition of public record
A public record refers to information, documents, files, or data that a governmental entity is legally obligated to create, maintain, and make available for public inspection. These records serve to ensure transparency in government operations, allowing citizens to understand how their public institutions function and make decisions. While the specific rules for access and any associated fees can vary by jurisdiction, the fundamental principle is that these records are generally open to the public.
Example 1: City Council Meeting Minutes
Imagine a local resident who wants to understand how their city council voted on a new ordinance affecting local businesses. The official minutes of city council meetings, which detail discussions, motions, and voting records, are considered public records. The city government is legally required to keep these minutes, and they must be made available to any citizen who wishes to review them, illustrating the government's actions and decisions for public scrutiny.
Example 2: Birth Certificates
Consider an individual who needs an official document to prove their date and place of birth for a passport application. A birth certificate, issued and maintained by a state's vital statistics office, is a public record. The government is legally mandated to record births, and while access to these sensitive personal records is often restricted to the individual, their immediate family, or those with a legal need, the record itself is a government-maintained document that falls under the umbrella of public records.
Example 3: Police Incident Reports
Suppose a journalist is investigating crime trends in a particular neighborhood and requests information on reported incidents from the local police department. Reports filed by law enforcement agencies detailing specific incidents, such as a theft or an accident, are generally considered public records. While sensitive details, names of victims, or information pertaining to ongoing investigations might be redacted (blacked out) to protect privacy or ensure justice, the core information about the incident itself is maintained by the police department and is typically accessible to the public, demonstrating governmental accountability in law enforcement.
Simple Definition
A public record refers to information, documents, or files that a governmental body is legally required to maintain and make accessible to the public. These records are generally open for public view under laws like the Freedom of Information Act (FOIA) and state-specific regulations, though fees may be charged for obtaining them.