Information Related to COVID-19
As you may
already be aware, Governor Larry Hogan has mandated that all non-essential
personnel are required to telework. As
such, the researching, pulling and preparing of some records responsive
to PIA requests will be delayed due to limited access to State
Know that we will continue to do our best to produce records and be
responsive to PIA requests with the resources we have available. We
ask for your patience during this state of emergency.
The Maryland State Police shall permit the inspection of records by requestors who are:
A public record is defined as the original or copy of any documentary material in any form created or received by an agency in connection with the transaction of public business. Included in this definition are written materials, books, photographs, photocopies, firms, microfilms, records, tapes, computerized records, maps, drawings and other materials.
No. The PIA attempts to balance the public’s right to access government records with other policies that respect the privacy or confidentiality of certain information.
For example, the PIA mandates denial of inspection of public records that are confidential under
federal law, other state statutes, court
rules, or various common law privileges
such as attorney-client privilege and executive privilege. Md. Code Ann.
General Provisions (“GP”) § 4-301 The
PIA itself also protects certain records from disclosure (for example, firearm
records, GP §4-325 , personnel records,GP § 4-311 and retirement records GP § 4-312 ). In
addition, some information contained in public records must remain confidential
(for example, an individual’s medical or psychological information, GP § 4-329,
and confidential commercial information and trade secrets,GP § 4-335).
Other records may be withheld if the agency decides that
disclosure of those records would be “contrary to the public interest, GP § 4-343.
Examples of records subject to
discretionary disclosure include investigatory records, GP §4-351,information
related to academic, licensing, and employment examinations, GP § 4-345, and documents of a pre-decisional and
deliberative nature, GP § 4-344.
In some cases yes, the PIA grants a “person in interest” a right to access some records that are otherwise not available to the public under the PIA. A person in interest is usually the person who is the subject of the record.
A notice must be provided in writing or by email within ten working days of receipt of the request. The notice must tell the applicant how much time it will take to produce the record, the reason for the delay, and an “estimate of the range of fees” that might be involved in producing the record.
Yes, the PIA allows an agency to charge a “reasonable fee” for copies of public records. An agency may also charge a reasonable fee for searching for a public record – a charge that may include the time required for locating and reviewing the record. The first two hours of search time are free, but an extensive search may prove time-consuming and therefore expensive. Thus, it is in both your interest and the agency’s interest to ensure that a PIA request clearly and accurately describes the records sought. Actual fee schedules may be found in agency regulations. Agencies may choose to waive fees in particular cases. A fee Schedule can be located under COMAR 29.01.02.13.
If an agency denies all or part of your request, it must provide you with a written explanation that includes the reason for the denial, the legal authority justifying the denial, and your appeal rights.
The Office of the Attorney General publishes a detailed legal analysis of the PIA in the Maryland Public Information Act Manual. The Manual also includes the text of the PIA and a sample request letter to help you make a PIA request. The Manual is available for purchase for $10 by sending a check to the Office of Attorney General, Opinions and Advice Division, 200 St. Paul Place, Baltimore, Maryland 21202. The manual is also available without charge on the Attorney General’s website:
8. How do I submit a PIA request?
A PIA request can be submitted through the Public Information Requests form given below. All fields are required. After submission of your form, you will receive an email confirmation that your request has been received.
1201 Reisterstown Road, Pikesville, MD 21208
(410) 653.4200 | (800) 525.5555 | (410) 486.0677 (TDD)