LibGuides: Accessing Public Records in Ohio: Ohio Laws

Ohio Revised Code

Oh. Rev. Code Sec. 111.42
Secretary of State’s Address Confidentiality Program records are exempt from public records law.
Oh. Rev. Code Sec. 149.11
"Public office" means any state agency, public institution, political subdivision, or other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government.
"Public record" means any document regardless of physical form including an electronic record, created or received by or coming under the jurisdiction of any public office, which serves to document the activities of the office.
Oh. Rev. Code Sec. 149.43
Defines "public records" as records kept by any public office. Describes the process of requesting public records. Also enumerates many exemptions to the public records law. Ch. 3 of the Ohio Sunshine Law Manual, available at https://www.ohioattorneygeneral.gov/Files/Publications-Files/Publications-for-Legal/Sunshine-Law-Publications/2020-Sunshine-Manual_WEB.aspx provides a good discussion of the exemptions.
Police disciplinary records are public records.
Oh. Rev. Code Sec. 149.45
No internet access to social security numbers by public agencies. Social security numbers, and other personal information are also exempt from public records law.
Oh. Rev. Code Sec. 313.10(D)
Allows journalists only to inspect, but not copy, coroner's records.
Oh. Rev. Code Sec. 2151.142 (D)
Journalists may request the residential address of public children service agency employee, private child placing agency employee, juvenile court employee, law enforcement agency employees.
Oh. Rev. Code Sec. 2710.03
Except as otherwise provided in section 2710.05 of the Revised Code, a mediation communication is privileged and exempt under the public records law.
Oh. Rev. Code Chapter 2731
Writs of Mandamus
Oh. Rev. Code Sec. 2743.75
Ohio Court of Claims procedure claims alleging denial of access to public records.
Oh. Rev. Code Sec. 4123.88(D)
Journalists may inspect or copy workers’ compensation initial filings.
Oh. Rev. Code Sec. 5101.29
Agency records relating to foster care givers and children housed in foster care are exempt from public records laws.

Cases

State ex rel Cincinnati Enquirer v. Bloom (2024)
Ruled unconstitutional the part of ORC 2121.356 which seals every ruling that a child is not unruly. Says there must be an individualized determination instead.

State ex rel.Cincinnati Enquirer v. Wilson (2024)
Ohio Supreme Court says the cost of the Governor's security detail is not a public record.
State ex rel. Harm Reduction Ohio v. OneOhio Recovery Found., (2023)
Considering totality of factors, nonprofit foundation established to allocate Ohio’s share of settlement proceeds of national opioid litigation is functional equivalent of a public office for purposes of Public Records Act
State ex rel. WTOL Television, L.L.C. v. Cedar Fair, L.P., 2023-Ohio-4593.
Police department Cedar Point acts as functional equivalent of a public institution and therefore must respond to public records requests related to those duties—Respondents failed to meet their burden to show that requested documents are exempt from disclosure.

WCPO-TV v. Oh. Dept. of Health, 6/2/22
The Ohio 10th District Court of Appeals sided with WCPO in its core complaint against the Ohio Department of Health, ruling that health officials violated public records law when they refused to release the number of COVID-19 deaths at a Cincinnati nursing home.

New Legislation

House Bill 567 (2022)
Requires, within 18 months, that the civil docket of common pleas courts shall be accessible online, does not include domestic or juvenile courts.
House Bill 343 (4/6/23)
New law provides that victims and their families can request (request being the key word) that their names and other identifying information be redacted before the record is released to the public.