A. What records are subject to the Kansas Open Records Act (KORA)?
1. Are all records subject to the KORA?
No. Only public records are subject to the KORA.
2. What is a public record?
Public records are records made, maintained, created or possessed by a public agency - that is to say some branch of the state or local government. See section B for a discussion on what groups are public agencies.
3. Are records possessed by a private person, group or company subject to the KORA?
No. Records solely possessed by private entities, persons or groups are not subject to the KORA.
4. Is the Freedom of Information Act (FOIA) the same as the KORA?
No. The FOIA is the federal law that applies to records possessed by agencies and branches of the federal government. The FOIA and the KORA are different laws that have similar provisions, but are not exactly the same.
5. What is the purpose of the KORA?
To allow the public to see or get copies of public records. It is the public policy of Kansas that "public records shall be open for inspection by any person unless otherwise provided, and this act shall be liberally construed and applied to promote such policy." K.S.A. 45-216(a). See also Cypress Media, Inc. v. City of Overland Park, 268 Kan. 407, Syl. ¶ 3 (2000). "The burden of proving an exemption from disclosure is on the agency not disclosing the information." State Dept. of SRS v. Public Employee Relations Board, 249 Kan. 163, 170 (1991).
6. Does the KORA give the media or press greater access rights then the general public?
No. The KORA does not create any special or enhanced rights for any member of the media or the general public.
7. Does the KORA cover only paper documents?
No. The KORA can cover any information that is possessed by a public agency and is in recorded form. The KORA applies to any recorded information regardless of form or characteristics."
8. Does the KORA cover computerized data possessed by a public agency?
Yes. Computerized data possessed by a public agency is a "public record."
9. Does the KORA require that a public agency give the public complete access to a computerized data system?
No.
10. Does the KORA require that a public agency create a record in order to answer questions or requests for information?
No. The KORA applies to public records possessed by a public agency at the time the request is made. It does not require that a public agency do research for you, create a record it does not already possess, or write out their response to your questions.
11. Does the KORA apply to public records that may exist in the future?
No. Records not yet in existence are not subject to KORA; a prospective or standing request for "records as they become available" is not enforceable. If you want to see public records that may be created in the future, you need to make your request after the records have been created or exist.
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