Attorney General opinion, 2012-22, 12/13/2012

              The Honorable Ron Justice
State Senator, District 23
OFFICE OF ATTORNEY GENERAL
STATE OF OKLAHOMA
ATTORNEY GENERAL OPINION
2012-22
2300 N. Lincoln Blvd., Room 423
Oklahoma City, Oklahoma 73105
The Honorable Jim Halligan
State Senator, District 21
2300 N. Lincoln Blvd., Room 425
Oklahoma City, Oklahoma 73105
Dear Senator Justice and Senator Halligan:
December 13, 2012
The office has received your request for an official Attorney General Opinion in which you ask, in
effect, the following questions:
1. Is an arrestee's mug shot that is taken and retained by a law
enforcement agency an open record?
2. If the mug shot is an open record, is that record subject to disclosure to
the media or any citizen upon request?
3. Does disclosure of the mug shot by a law enforcement agency constitute
an invasion of privacy of the arrestee regardless of whether a
determination of guilt was made?
4. If it is determined that the mug shot is an open record and subject to
disclosure, is a law enforcement agency required to provide a copy ofthe
record electronically or is allowing access to the hard copy ofthe record
for mechanical reproduction by a photocopier in compliance with the
law even if the agency retains an electronic copy?
313 N.E. 21ST STREET • OKLAHOMA CITY, OK 73105 • (40.5) 521-3921. FAX: (40.5) 521-6246
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