Opinion
Opinion By: Albert B. Chandler III, Attorney General; Amye L. Bensenhaver, Assistant Attorney General
Open Records Decision
This question having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that PNC Bank is not a public agency for purposes of the Open Records Act, and therefore cannot be said to have violated the Act in the disposition of Anthony Mattingly's April 4, 2001, request for records relating to the unauthorized use of Mr. Mattingly's stolen credit card. We believe that OAG 79-325 and 92-ORD-1388, copies of which are attached hereto and incorporated by reference, are controlling. Records of PNC Bank are not public records, and are not subject to statutory regulation under the Open Records Act.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceedings.