Request By:
Mr. John W. Palmore
University Counsel
Eastern Kentucky University
Richmond, Kentucky 40475
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
Mr. C. M. DePree, Jr. has appealed to the Attorney General in accordance with KRS 61.880 the denial of the inspection of certain records by Eastern Kentucky University. The records in question are Mr. DePree's cost accounting examination, the two highest scored papers in the class, two intermittent scored papers and the two lowest scored papers.
Last week we gave Mr. DePree an informal opinion by telephone, and this written opinion will confirm that communication.
This office has consistently held that examination papers and test scores are exempt from public inspection under the Open Records Law, KRS 61.870-61.884, under the specific provision of KRS 61.878(1)(a) which reads as follows:
"Public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy."
This exemption applies even to records which relate to the requester or in which the requester is mentioned by name, KRS 61.884.
It is therefore the opinion of the Attorney General that the above named records were properly withheld from public inspection and from inspection from Mr. DePree under the Open Records Law.
A copy of this opinion is being sent to Mr. DePree as directed by KRS 61.880(2).