H. When can public records be closed - access or copies denied?
1. May public records be closed - can access or copies be denied?
Yes. But only if some law, or court order/rule, provides for such confidentiality or closure.
2. What kinds of closure laws exist?
There are two types of closure laws - mandatory and discretionary. There are literally hundreds of laws (state and federal) that allow or require closure of specific types of records or information.
3. Who must know if some law closes a public record?
The public agency possessing the public record has the burden of providing a citation to the law(s) that allow or require specific records to be closed. If you want to know the law(s) that the record custodian is relying upon in denying access/copies, make a request for a written citation to the law(s). Under K.S.A. 45-218, that citation must be provided if a record request is denied.
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