1. Accident reports.

Traffic accident reports are specifically exempted from the ORA under Ky. Rev. Stat. 189.635(5), which provides that “[a]ll accident reports filed with the Department of Kentucky State Police … shall not be considered open records under Ky. Rev. Stat. 61.872 to 61.884 and shall remain confidential …” However, Ky. Rev. Stat. 189.635(8) permits such reports to be made available to news-gathering organizations “solely for the purpose of publishing or broadcasting news.” Ky. Rev. Stat. 189.635(8) contains other limitations on use of the reports by news-gathering organizations.

The news-gathering organization shall not use or distribute the report, or knowingly allow its use or distribution, for a commercial purpose other than the news-gathering organization's publication or broadcasting of the information in the report. A newspaper, periodical, or radio or television station shall not be held to have used or knowingly allowed the use of the report for a commercial purpose merely because of its publication or broadcast.

Id.