Request By:
Mr. Bill Mardis
Assistant Managing Editor
The Commonwealth-Journal
102 North Maple Street
Somerset, Kentucky 42501
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Carl Miller, Assistant Attorney General
You have requested an opinion of the Attorney General on the following question:
"Does a notation 'Do Not Publish' beside an otherwise public record in a county courthouse prohibit a newspaper from publishing the material?"
The Kentucky Open Records Law, KRS 61.870-61.884, provides that all public records shall be open for inspection by any person unless they are exempt by KRS 61.878 or some other statute. "Public Records" are defined as all books, papers, maps, photographs, cards, tapes, discs, recordings or other documentary materials regardless of physical form or characteristics, which are prepared, owned, used, in the possession of or retained by a public agency. A notation "Do Not Publish" on a public record would have no effect on the right to inspect, copy and publish the information in the record.
One class of records which are exempt under KRS 61.878 are "public records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy. KRS 61.878(1)(a).
It is our opinion that the kind of information which is covered by this exemption is information in which the public has no legitimate interest whatsoever. The exemption does not include records which memorialize official action even though the action affects individuals. Records of marriage, divorce and transfer of property are not protected by any right of privacy. On the other hand, adoption records are made confidential by statute, KRS 199.570, and kept sealed by the court. There are no administrative records kept by a county clerk which are exempt from public inspection, and any notation "Do Not Publish" placed on the record by the county clerk or any other person would be meaningless.