Attorney General Opinions
Relating to County Government

2005 Records

The proper test to determine whether material is a public record is whether it was made or received pursuant to law or ordinance or in connection with a government agency’s transaction of official business. Recordings of 911 calls and recordings of law enforcement radio transmissions are public records as a general rule, but not all public records are open to inspection. The statutory and common law exceptions to the availability of public records must be examined to determine whether 911 tapes and recordings of law enforcement radio transmissions are open to public inspection. They would not be open to public inspection when they are relevant to an active criminal case. Opinion No. 05-155 (October 13, 2005).

Whether an e-mail is subject to public inspection depends first on whether the e-mail is a public record within the meaning of the Public Records Act. The Tennessee Supreme Court has determined that a public record is one made or received in connection with the transaction of official business by any governmental entity. Public records are subject to public inspection unless otherwise provided by law. Thus, it depends on the nature of the e-mail as to whether it is subject to public disclosure. Opinion No. 05-099 (June 20, 2005).