Tuesday, November 8, 2016

A private entity is not subject to Open Records Act

A public agency is required to follow the Open Records Act, but private entities are not subject to the Act’s requirements.

On Oct. 6, 2016 Attorney General Andy Beshear issued an opinion in the appeal of In re: Johnny Phillips/Correct Care Solutions, LLC, 16-ORD-219.

Johnny Phillips, an inmate at the Green River Correctional Complex, sent an Open Records request on Aug. 14 to Correct Care Solutions requesting medical records.

On Aug. 18, Correct Care Solutions responded to Phillips and requested that he resubmit his request and provide more information. Phillips appealed.

Beshear held, citing 15-ORD-161, that Correct Care Solutions is not a public agency and is therefore not required to abide by the Open Records Act. Because it does not have to follow the act, it was no violation.

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