To clarify the extent of the law, GRAMA defines a “record.” The definition of a record is broad. It includes documentary materials—books, letters, documents, papers, and plans, as well as photographs, recordings and electronic data. GRAMA states that a record is information that is “prepared, owned, received, or retained” by government. It also must be reproducible. Format is not a factor; content, not format, is what is important in determining a record.
63G-2-103 Definitions.. . . . (22) (a) "Record" means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics:
- (i) that is prepared, owned, received, or retained by a governmental entity or political subdivision; and
- (ii) where all of the information in the original is reproducible by photocopy or other mechanical or electronic means
Record does not mean, 63G-2-103(22)(b)
GRAMA further clarifies the extent of the law by defining what a record is not. It lists such examples as copyrighted material, proprietary software, junk mail or commercial publications, collections in public libraries, and more. It reaffirms that information not related to government business or not “prepared or received” in an official capacity is not a record.
. . . .(22) (b) "Record" does not mean:
(i) a personal note or personal communication prepared or received by an employee or officer of a governmental entity:
- (A) in a capacity other than the employee's or officer's governmental capacity; or
- (B) that is unrelated to the conduct of the public's business;
(ii) a temporary draft or similar material prepared for the originator's personal use or prepared by the originator for the personal use of an individual for whom the originator is working;
(iii) material that is legally owned by an individual in the individual's private capacity . . . .
(ix) a daily calendar or other personal note prepared by the originator for the originator's personal use or for the personal use of an individual for whom the originator is working;
Public records, 63G-2-103(21)
public record is a record that is not private, controlled, or protected and that is not exempt from disclosure; therefore, all records are public unless expressly restricted by law.