Maryland Public Information Act Manual
MarylandPublic Information ActManualOffice of the Attorney GeneralBrian E. FroshAttorney GeneralFifteenth Edition2020
MARYLAND PUBLIC INFORMATION ACT MANUALOFFICE OF THEMARYLAND ATTORNEY GENERALBRIAN E. FROSHATTORNEY GENERAL200 Saint Paul PlaceBaltimore, Maryland 21202Fifteenth Edition2020
PREFACEhe Maryland Public Information Act is based on the enduring principle thatpublic knowledge of government activities is critical to the functioning of ademocratic society; that a Government of the people, by the people, and for thepeople must be open to the people. Members of the public need and deserve completeinformation as they make the decisions and form the opinions that determine our futurepath, and the Act ensures that those needs are met fairly and expeditiously while protectingimportant privacy rights and other public policy goals.TAs Attorney General, I am committed to open access to information, and to promoting aconsistent application of the Act throughout State and local government. The Office of theAttorney General has long worked toward ensuring the correct implementation of the Act,and I am continuing and expanding on that tradition.This manual is designed to be a resource for a range of users, from members of the publicand the media who request information, to the government officials who have theresponsibility to implement the Act’s requirements.The 15th edition of this manual, like those that precede it, is the work of many talented andcommitted individuals from the Office of the Attorney General. Special credit goes toformer Deputy Attorney General, later Judge, Dennis M. Sweeney for preparing the firstseveral editions, and to former Assistant Attorneys General Jack Schwartz and Robert N.McDonald (now Judge McDonald), as well as to Assistant Attorney General Adam D.Snyder, who assumed responsibility for subsequent editions. This most recent edition hasbeen produced under the supervision of Patrick B. Hughes, the current Chief Counsel forOpinions & Advice. Deborah P. Spence deserves thanks for preparing and finalizing themanuscript.I also wish to thank the local government officials, the Public Access Ombudsman,members of the private bar, and representatives of the media and open-governmentadvocacy groups for their many constructive suggestions about how best to implement thePIA.In addition to being available in printed version, the Manual is on-line at http://www.oag.state.md.us/Opengov/pia.htm.Please let me know if you have suggestions for further refinements.Brian E. FroshAttorney GeneralNovember 2020
Table of ContentsTABLE OF CONTENTSPageChapter 1: Scope and Agency ResponsibilitiesA. Origin . 1-11. Relation to Common Law . 1-12. Relation to Public Records Statutes of Other Jurisdictions . 1-2B. Scope of the PIA . 1-21. Public Agencies and Officials Covered . 1-22. Records Covered . 1-5C. Role of the Custodian and Official Custodian . 1-8Chapter 2: Right of Access to RecordsA. Right to Inspect Records . 2-1B. Governmental Agency’s Access to Records . 2-4C. Scope of Search . 2-5Chapter 3: Exceptions to DisclosureA. Exceptions Based on Other Sources of Law . 3-21. State Statutes . 3-22. Federal Statutes . 3-33. Court Rules. 3-44. Privileges . 3-55. Local Ordinances and Agency Regulations . 3-7B. Required Denials Specific Records . 3-81. Adoption and Welfare Records . 3-92. Library Circulation Records. 3-103. Letters of Reference . 3-104. Personnel Records . 3-105. Retirement Records . 3-156. Student Records . 3-157. Police Reports Sought for Marketing Legal Services . 3-168. Arrest Warrants . 3-179. Motor Vehicle Administration Records . 3-1710. RBC Records Filed With Insurance Commissioner . 3-1711. Miscellaneous Records. 3-18C. Required Denials Specific Information . 3-191. Medical, Psychological, and Sociological Data . 3-192. Home Addresses and Phone Numbers of Public Employees. 3-20iv
Table of ContentsD.E.F.G.H.3. Occupational and Professional Licensing Records . 3-214. Trade Secrets; Confidential Business and Financial Information. 3-235. Records of an Individual Person’s Finances . 3-286. Records Containing Investigatory Procurement Information . 3-297. Names and Addresses of Senior Center Enrollees . 3-308 Distribution Lists. 3-319. Miscellaneous Information . 3-31Discretionary Exceptions . 3-321. Inter- and Intra-Agency Memoranda and Letters . 3-332. Testing Data . 3-383. Research Projects . 3-384. Inventions Owned by Higher Education Institutions . 3-385. Certain Proprietary Information Owned by the Maryland TechnologyDevelopment Corporation or Senior Higher Education Institutions. 3-386. Real Estate Appraisals. 3-397. Location of Plants, Animals, or Property . 3-398. Investigatory Records. 3-399. Records Relating to Public Security . 3-4410. Competitive Position of the Port . 3-4711. Global Campus – Competitive Services . 3-4712. Public Institutions of Higher Education – Personal Information . 3-4813. Records of Certain 911 Communications . 3-48Special Court Orders Preventing Disclosure Where NoException Applies . 3-49Inspection of “Any Part” of the Record that Is Not Exempt . 3-51Relationship of Exceptions to Discovery . 3-52Reverse PIA Actions. 3-54Chapter 4: Request ProceduresA. Written Request . 4-1B. Submitting the Request . 4-2C. Time for Response . 4-3D. Inspection . 4-5E. Records Not in Custodian’s Custody or Control . 4-5F. Written Denial . 4-5G. Judicial Records . 4-6Chapter 5: Judicial Review and Alternative Dispute ResolutionsA. Judicial Enforcement . 5-11. Limitations. 5-1v
Table of Contents2.Procedural Issues . 5-2Venue. 5-2Answer. 5-2Expedited hearing . 5-2Intervention . 5-23.Agency Burden . 5-2B. Alternative Dispute Resolution . 5-41. Public Access Ombudsman . 5-42. State Public Information Act Compliance Board. 5-6C. Dispute Resolution for Judicial Records . 5-8Chapter 6: CopiesA. Right to Copies . 6-1B. Format . 6-1C. Format of Copies of Electronic Records . 6-2D. Judicial Records . 6-4Chapter 7: FeesA. Search and Preparation Fees . 7-1B. Reasonable Fees for Copies . 7-4C. Flat Fees . 7-4D. Waiver of Fees . 7-5E. Fees for Judicial Records . 7-9Chapter 8: Penalties for NoncomplianceA. Liability of Agency . 8-1B. Liability of Persons Who Violate the Act . 8-21. Criminal Penalties . 8-22. Disciplinary Action . 8-33. Unlawful Disclosure or Use of Personal Records . 8-34. Disclosure of Certain Information to the Attorney General. 8-4Chapter 9: Research Access . 9-1Chapter 10: Judicial Records . 10-1Chapter 11: The Right to Correction or Amendment of Public RecordsA. Agency Responsibility . 11-1vi
Table of ContentsB. Enforcement . 11-1C. Regulations . 11-2Chapter 12: Restrictions on the Creation and Collection of Personal Records . 12-1APPENDICESA.B.C.D.E.F.G.H.I.J.Sample Request Letter . A-1Sample 10-Day Letter (or E-Mail) . B-1Sample Denial Letter . C-1Sample Indigency Affidavit . D-1Text of Public Information Act . E-1Model Regulations on Public Information Act .F-1List of Attorney General Opinions . G-1Responding to Requests Under the Maryland Public Act: A Suggested Process. H-1Access to Government Records Under the Public Information Act . I-1List of State, County, and Municipal PIA Contacts . J-1vii
Chapter 1:Scope and Agency ResponsibilitiesA.OriginMaryland’s Public Information Act (“PIA”), Title 4 of the General ProvisionsArticle (“GP”), grants the public a broad right of access to records that are in thepossession of State and local government agencies. It has been a part of the AnnotatedCode of Maryland since its enactment as Chapter 698 of the Laws of Maryland 1970and is similar in purpose to the federal Freedom of Information Act (“FOIA”), 5 U.S.C.§ 552, and the public information and open records acts of other states. The text of thePIA is reproduced in Appendix E.The basic mandate of the PIA is to enable people to have access to governmentrecords without unnecessary cost or delay. Custodians of records are to provide suchaccess unless the requested records fall within one of the exceptions in the statute.1.Relation to Common LawPublic information statutes such as the PIA expand the limited common lawright of the public in some jurisdictions to inspect certain government records.Originally, the right to inspect public records in Maryland was very limited undercommon law, even as to court records. See, e.g., Belt v. Prince George’s CountyAbstract Co., 73 Md. 289 (1890) (while title company was entitled pursuant to itscharter to have access to certain court records, it must pay fees required by law). A1956 Attorney General’s opinion noted that the Court of Appeals had held that recordscould not be inspected “out of mere curiosity.” 41 Opinions of the Attorney General113 (1956); see also Fayette Co. v. Martin, 130 S.W.2d 838, 843 (Ky. 1939) (“[A]tcommon law, every person is entitled to the inspection, either personally or by hisagent, of public records . . . provided he has an interest therein which is such as wouldenable him to maintain or defend an action for which the document or record soughtcan furnish evidence or necessary information.”).
Maryland Public Information Act Manual (15th ed., November 2020)1-2More recently, the Court of Appeals recognized that the “common law principleof openness” concerning court proceedings is not limited to the trial itself, but extendsgenerally to court proceedings and documents. Baltimore Sun Co. v. Mayor and CityCouncil, 359 Md. 653 (2000); see also Nixon v. Warner Communications, Inc., 435 U.S.589, 597-99 (1978); 76 C.J.S. Records § 63 (1994).The two main liberalizations of most modern public information laws, includingMaryland’s, are the abrogation of a personal “legal interest” requirement to obtainaccess to records and the expansion of the types of records that are available for publicinspection. In passing the PIA, the Legislature sought to accord wide-ranging access topublic information concerning the operation of government. See GP § 4-103; Irelandv. Shearin, 417 Md. 401, 408 (2010).2.Relation to Public Records Statutes of Other JurisdictionsIn many circumstances, FOIA, other states’ public information acts, and casesdecided under those laws are persuasive in interpreting the PIA. Maryland’s originalact was very similar to those of Wyoming and Colorado and one of those laws was likelyused as a model. The United States Department of Justice publishes an extensive guideto FOIA titled United States Department of Justice Guide to the Freedom ofInformation Act, available on-line, mation-act-0. The leading treatise on FOIA also contains a chapter on state laws.2 James T. O’Reilly, Federal Information Disclosure Ch. 27 (3d ed. 2000). For a reviewof state public information acts, see Braverman and Heppler, A Practical Review ofState Open Records Laws, 49 Geo. Wash. L. Rev. 720 (1981). The Reporters Committeefor Freedom of the Press has published a summary of each state’s public records lawstitled Open Government Guide, available on-line at http://www.rcfp.org/ogg/index.php.B.Scope of the PIA1.Public Agencies and Officials CoveredThe PIA covers virtually all public agencies or officials in the State. It includesall branches of State government—legislative, judicial, and executive. As explainedmore fully in Chapter 10, however, the Judiciary has adopted its own rules to governaccess to judicial records in the custody of judicial agencies, judicial personnel, andspecial judicial units. More specifically, in recent amendments to its judicial records
Maryland Public Information Act Manual (15th ed., November 2020)1-3rules, the Court of Appeals has clarified that those rules, though they often rely onprocedures borrowed from the PIA and have some exemptions from disclosure similarto those in the PIA, are the exclusive method for obtaining access to judicial records.See Md. Rule 16-901(a) (“Except as expressly provided or limited by other Rules, theRules in this Chapter govern public access to judicial records . . . that are in the custodyof a judicial agency, judicial personnel, or a special judicial unit”); Rule 16-921(providing that the judicial access rules generally “constitute the exclusive proceduresfor requesting inspection of judicial records”); Rule 16-931 (providing that the judicialaccess rules “constitute the exclusive methods of resolving disputes regarding access tojudicial records”).On the local level, the PIA covers all counties, cities, towns, school districts, andspecial districts. See GP § 4-101(
Code of Maryland since its enactment as Chapter 698 of the Laws of Maryland 1970 and is similar in purpose to the federal Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and the public information and open records acts of other states.
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