State government; public disclosure not required relative to inspection of public records; include certain documents from Department of Natural Resources
The amendment to Code Section 50-18-72 reflects a significant shift in how public records, particularly those held by the DNR, are managed. By indicating that specific records may not be disclosed when they relate to historic resources, the legislation aims to safeguard these resources from potential dangers that could arise from public access. This could affect various stakeholders, including researchers, conservationists, and the general public, by limiting the availability of certain documents that were previously accessible.
House Bill 165 aims to amend existing legislation regarding the transparency of public records maintained by the Department of Natural Resources (DNR) in Georgia. Specifically, the bill seeks to exempt certain records related to historic resources from mandatory public disclosure if their release may pose a substantial risk of harm, theft, or destruction. This creates a balance between the public's right to access information and the need to protect sensitive resources from potential threats.
The sentiment around HB 165 appears to be largely supportive among those who understand the risks associated with disclosing information about historic resources. Proponents argue that protecting these resources from potential harm is a responsible decision, especially in light of rising concerns around preservation efforts. However, there may be concerns from transparency advocates who believe that limiting access to public records could undermine public accountability and the core democratic principle of openness in government.
Notable points of contention may arise concerning how broadly the DNR interprets what constitutes a 'substantial risk' to historic resources. Critics might argue that this provision could be misused to withhold information that is essential for public knowledge and oversight. There is also the apprehension that this could lead to potential abuses in transparency laws, where critical documentation about state resources could remain hidden from public scrutiny under the guise of protection.