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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
ft \.1 recycled paper
Object Description
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| Title | 2012-22 ocr 1 |
| Full text | 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 ft \.1 recycled paper |
| Date created | 2012-12-18 |
| Date modified | 2012-12-18 |
