Attorney General Opinions
Relating to County Government

2016 Records

To the extent a local government’s social media account is made “pursuant to law or ordinance or in connection with the transaction of official business,” that account and any comments posted on the account constitute public records subject to inspection under the Tennessee Public Records Act (TPRA). The TPRA does not address whether comments posted on a social media account would be subject to removal or censorship, it only provides a right of inspection. A custodian of a public record, or the custodian’s designee, must promptly make available for inspection any public records not specifically exempt from disclosure. T.C.A. § 10-7-503(a)(2)(B). If it is not practicable for the record to be produced promptly, the custodian must respond within 7 business days by: (1) making the record available to the requestor, (2) denying the request in writing, stating the basis for denial, or (3) providing a completed records request response form developed by the office of open records counsel stating the time reasonably necessary to produce the record or information. A Tennessee citizen who has been denied a public records request or has not received a timely response in accordance with the law may file suit under T.C.A. § 10-7-505. The person may also ask the state’s office of open records counsel for assistance, which may include informal mediation and resolution of issues concerning the open records laws. Op. Tenn. Att’y Gen. 16-47 (December 22, 2016).