The Oklahoma Bar Journal October 2026

contains the name or any other identifier of the occupants of any residential structure. 20 As an example of records that may be withheld in whole or released with redactions, a public body may treat certain personnel- related materials as confidential, including records generated in connection with internal person nel investigations and information whose disclosure would constitute a clearly unwarranted invasion of personal privacy. 21 However, the discretion is not unlimited and must be balanced against the pur pose of the ORA as the relevant case law explains. 22 Police and law enforcement records must be analyzed under the act’s separate law enforcement provisions and framework. “Law enforcement agency” is specifically defined by statute. 23 Certain police records may be withheld under specific exemptions provided in the ORA. For example, law enforce ment agencies may deny access to records if disclosure would interfere with an investigation, endanger individuals, or violate confidentiality provisions. 24

provided and how they should be provided to achieve the goals of transparency and efficiency. EXEMPTIONS TO THE ORA The ORA divides records into three categories of openness: open records, records required by law to be kept confidential and not disclosed, and records that may be redacted or kept confi dential by the public body. 15 As a general default rule, when an open records request is made, the record should be made available pursuant to the ORA unless an exemption applies. 16 Public bodies also have incentive to be more transparent and efficient by put ting open records online to avoid large numbers of requests for the same documents. Any public body which makes the requested records available on the internet meets the obligation of providing prompt, reasonable access under the ORA. 17 If a request is denied by a public body, the burden is on the government entity denying the request to establish why an exemption applies. 18 The ORA does not apply to records “specifically required by law to be kept confidential,” including records protected by state evidentiary privileges such as attorney-client privilege, work product immunity from discov ery, and identity-of-informer privileges. 19 Some other com monly used exemptions specifi cally required by law to be kept confidential for public bodies that provide utility services are personal email addresses, credit information, credit card numbers, telephone numbers, social security numbers, bank account informa tion for individual customers, and any portion of any record that

NEW DEPOSIT REQUIREMENT AND FEES A public body expends valuable time and resources searching for requested documents under the ORA, and a deposit requirement for large requests helps ensure that time spent searching and respond ing is not wasted. Public bodies have, in the past, dealt with large, open-ended requests involving thousands of pages of responsive documents that are compiled but never picked up. When a requester does not pick up or review the records, staff time and taxpayer dollars are misused. The purpose of the ORA is also frustrated when the records are not reviewed, because no one is exercising the inherent right to be “fully informed about their government.” 25 The new deposit requirement under Senate Bill 535, effective in 2025, provides that “a public body may require advance payment of the estimated fees authorized under this section when the esti mated cost exceeds Seventy-five Dollars ($75.00) or if the requestor has outstanding fees from previ ous requests. Any portion of an

The ORA divides records into three categories of openness: open records, records required by law to be kept confidential and not disclosed, and records that may be redacted or kept confidential by the public body. 15

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

32 | OCTOBER 2026

THE OKLAHOMA BAR JOURNAL