Judges: RICHARD P. IEYOUB
Filed Date: 6/3/1992
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Smith:
You have requested an opinion from this office concerning the application of the Louisiana Public Records Law, LSA-R.S.
Generally, a public record is any information, regardless of form, which was used, prepared by, possessed or retained by a public body "for use in the conduct, transaction, or performance of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state, or by or under the authority of any ordinance, regulation, mandate, or order of any public body or concerning the receipt or payment of money." LSA-R.S.
One of the specific exceptions to the requirements of the Public Records Law is contained in LSA-R.S.
(16) To the following records of a board or institution of higher learning, in accordance with rules and regulations promulgated by the Board of Trustees for State Colleges and Universities, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, and the Board of Supervisors of Southern University and Agricultural and Mechanical College, or their successors, in conjunction with the Board of Regents, for programs and institutions under their supervision and management, unless access to the records is specifically required by state or federal statute or is ordered by a court under rules of discovery:
(a) Trade secrets and commercial or financial information obtained from a person, firm, or corporation, pertaining to research or to the commercialization of technology, including any such information designated as confidential by such person, firm or corporation, but not including any such information relating to the identity of principals, officers, or individuals and entities directly or indirectly owning or controlling an entity other than a publicly held entity, or the identity of principals, officers or individuals and entities directly owning or controlling five percent or more of a publicly held entity.
(b) Data, records, or information produced or collected by or for faculty or staff of state institutions of higher learning in the conduct of or as a result of, study or research on commercial, scientific or technical subjects of a patentable or licensable nature, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, until such data, records or information have been publicly released, published, or patented.
The above statute would permit the appropriate board, in conjunction with the Board of Regents, to enact rules and regulations limiting access to the records referenced therein "unless access to the records is specifically required by state or federal statute or is ordered by a court under rules of discovery." Records referenced in subsection (a) above include "commercial . . . information obtained from a person . . . pertaining to research . . . including any such information designated as confidential by such person. . .". LSA-R.S.
The above quoted subsection (b) excepts certain data from the Public Records Act, "until such data records or information have been publicly released, published or patented." Nevertheless, certain exceptions exist to the requirement of public access to the raw data that forms the basis of published reports. For example, if a person has a reasonable expectation of privacy in certain information, it might be exempt from the public records doctrine. Webb v. City of Shreveport,
In sum, any information obtained by the Florida Parishes Social Science Research Center under LSA-R.S.
Respectfully Submitted
RICHARD P. IEYOUB Attorney General
BY: JAMES C. HRDLICKA Assistant Attorney General
RPI/JCH:vrr