Public records are documents or pieces of information that are not considered confidential and are maintained by government agencies. These records are typically accessible to the public and can include a wide range of documents such as court records, property deeds, marriage licenses, and government meeting minutes. However, not all documents held by government agencies are considered public records. Here are some examples of what is not considered a public record:

1. Personal Medical Records

• Medical records, including those held by government-run hospitals or clinics, are not public records. These documents contain sensitive personal health information protected by laws such as the Health Insurance Portability and Accountability Act (HIPAA) in the United States. Access to these records is restricted to the patient, authorized healthcare providers, and individuals with the patient's explicit consent.

2. Private Communications

• Emails, text messages, or other forms of private communication between government employees or officials are generally not considered public records unless they pertain to official government business. Personal communications, even if conducted on government devices, are typically exempt from public disclosure.

3. Classified or Sensitive Government Information

• Documents classified for national security reasons, such as military secrets, intelligence reports, or diplomatic communications, are not public records. These materials are restricted to protect the safety and interests of the nation.

4. Juvenile Court Records

• Records related to juvenile court proceedings are often sealed to protect the privacy of minors. These records are not accessible to the public and are typically only available to authorized parties, such as the juvenile, their legal guardians, and court officials.

5. Adoption Records

• Adoption records, including birth certificates and court documents, are generally confidential and not considered public records. Access to these records is often restricted to protect the privacy of the individuals involved, including birth parents, adoptive parents, and the adopted child.

6. Social Security Numbers and Tax Records

• Personal information such as Social Security numbers and individual tax records are not public records. These documents are protected by privacy laws, such as the Internal Revenue Code in the U.S., which prohibits the disclosure of taxpayer information without consent.

7. Law Enforcement Investigative Files

• Active law enforcement investigative files, including evidence, witness statements, and suspect information, are not public records. Releasing such information could compromise ongoing investigations or endanger individuals involved.

8. Employee Personnel Files

• Personnel files of government employees, including performance evaluations, disciplinary records, and salary information, are generally not considered public records. While some basic employment information (e.g., job title and salary range) may be public, detailed personnel records are protected to safeguard employee privacy.

9. Trade Secrets and Proprietary Information

• Information submitted to government agencies by private companies that qualifies as trade secrets or proprietary information is not a public record. Disclosure of such information could harm the competitive position of the business.

10. Certain Educational Records

• Student records, such as grades, transcripts, and disciplinary records, are not public records. These documents are protected under laws like the Family Educational Rights and Privacy Act (FERPA) in the U.S., which restricts access to educational records without student or parental consent.

11. Attorney-Client Privileged Communications

• Communications between government attorneys and their clients that fall under attorney-client privilege are not public records. This privilege protects confidential communications made for the purpose of seeking or providing legal advice.

12. Certain Legislative Drafts and Deliberative Materials

• Drafts of legislation, internal memos, and other deliberative materials created by lawmakers or government agencies are often exempt from public disclosure. These materials are considered part of the decision-making process and are protected to encourage open and honest discussions.

13. Records Pertaining to Ongoing Litigation

• Documents related to ongoing litigation, such as attorney work product or settlement negotiations, are not public records until the case is resolved. Premature disclosure could prejudice the legal process.

14. Certain Financial Records

• While some financial records of government agencies are public, certain financial information, such as individual bank account details or credit card numbers, is not considered a public record.

15. Records Protected by Specific Privacy Laws

• Some records are exempt from public disclosure due to specific privacy laws. For example, records related to victims of certain crimes (e.g., sexual assault) may be sealed to protect their privacy and dignity.

Conclusion

Public records are an essential tool for transparency and accountability in government, but not all information held by government agencies is subject to public disclosure. Privacy, security, and legal considerations often necessitate the protection of certain types of records. Understanding what is not a public record helps ensure that sensitive information remains confidential while still upholding the principles of open government.