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Alabama Attorney General opinions have indicated or opined that the following material in a personnel file would not generally be open: psychological evaluations, family history, religious affiliation or political opinions or activities, Op. Att’y Gen. Ala. No. 88-00079 (Dec. 16, 1987); marital status, medical history, confidential recommendations for employment, and drug or alcohol testing results, Op. Att’y Gen. Ala. No. 96-00003, 1995 Ala. AG LEXIS 59 (Oct. 4, 1995); Op. Att'y Gen. Ala. No. 2001-269, 2001 Ala. AG LEXIS 165 (Aug. 29, 2001).

Information about employees that is gathered from employers by the Director of Unemployment Compensation is held confidential except as necessary for the proper presentation of the contest of an unemployment claim. Ala. Code § 25-4-116 (2000).

The Alabama Court of Civil Appeals has held that state agencies must allow inspection of nonidentifying hiring and training records.  Graham v. Ala. State Employees Ass’n, 991 So. 2d 710 (Ala. Civ. App. 2007)(requiring the Alabama State Personnel Department to produce records related to the hiring and training of administrative law judges).

The Alabama Attorney General has stated that employee time sheets are public records subject to inspection under the Public Records Law.  Certain sensitive information contained in the time sheets, such as doctor’s excuses, time off for medical reasons, or personal vacation time is confidential. In addition, other information that may be contained in the records requested, such as medical history, confidential recommendations for employment, drug or alcohol testing results, home addresses, telephone numbers, Social Security numbers, and marital status of public employees, are not public records and are not subject to disclosure. The custodian of records responding to these requests for public records should ensure that the aforementioned sensitive personnel information is redacted from any publicly disclosed records. Op. Att'y Gen. Ala. No. 2008-073, 2008 Ala. AG LEXIS 43 (Apr. 21, 2008).

H2-B visa information is subject to disclosure under the Alabama Public Records Law. Southern Poverty Law Ctr. v. Kennedy CV 06-787 (Cir. Cit. of Montgomery County Sept. 26, 2006).

Accident reports (Alabama Uniform Traffic Reports) are available to the public at a fee of $15.00 per report. Ala. Code § 32-2-8 (Supp. 2005).

The following proof-of-financial-responsibility accident reports are confidential by statutory provision:

a. Motor vehicle accident reports made by persons involved in the accidents or by garages, except that the Director of Public Safety may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies being present at such accident. Ala. Code § 32-10-11 (1999).

b. Watercourse vessel accident reports made by persons involved in the accidents, except that the Department of Conservation and Natural Resources may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies being present at such accident. Ala. Code § 33-5-25(c) (Supp. 2010).

As of April 21, 2010, an audio recording of a 911 telephone call may not be released to the public absent a court order finding that the right of the public to the release of the recording outweighs the privacy interests of the individual who made the 911 call or any person involved in the facts or circumstances relating to the 911 call. Ala. Code § 11-98-12 (Supp. 2010).

There is authority for closure of the following records pertaining to active investigations:

(1) Records regarding pending criminal investigations. Stone v. Consolidated Publishing Co., 404 So. 2d 678, 681 (Ala. 1981) (establishing a precatory, not mandatory, exclusion).

(2) Information regarding witness identification and reports from such witnesses, at the discretion of the Police Department. Birmingham News Co. v. Deutcsh, CV 85-504-132 JDC (Cir. Ct. of Jefferson County, Ala., Equity Div., Aug. 19, 1986) (consent order).

(3) Search warrants, arrest warrants, supporting affidavits and depositions, until the search warrant or arrest warrant is executed and returned. 197 Op. Att’y Gen. Ala. 13 (Oct. 10, 1984).

(4) Prison incident reports with information regarding a pending criminal investigation. Allen v. Barksdale, 32 So. 3d 1264 (Ala. 2009).

(5) Autopsy reports that relate to a pending investigation. Op. Att'y Gen. Ala. No. 2007-015, 2006 Ala. AG LEXIS 142 (Dec. 4, 2006).

(6) National Fire Incident Reporting Systems forms that relate to a pending investigation. Op. Att'y Gen. Ala. No. 2006-134, 2006 Ala. AG LEXIS 97 (Aug. 17, 2006).

There is authority for public access to the following records of active investigations:

(1) Complaint reports, including the front side of incident/offense reports subject to the right of the sheriff to withhold or redact certain information on a case-by-case basis depending on the nature of the case, the status of the investigation, whether the victim would be subject to threats or intimidation, or when public disclosure would hinder the investigation. Washington County Publications v. Wheat, No. CV-99-94 (Cir. Ct. of Washington County, Ala., May 1, 2000); Op. Att’y Gen. Ala. No. 2000-197, 2000 Ala. AG LEXIS 112 (July 19, 2000); Op. Att’y Gen. Ala. No. 2000-004, 1999 Ala. AG LEXIS 89 (Oct. 7, 1999).  See also Birmingham News Co. v. Watkins, No. 38389 (Cir. Ct. of Jefferson County, Ala., Oct. 30, 1974) (based on First Amendment, not Alabama’s Public Records Law, with discretion for police department to withhold portions of reports or entire reports if and as necessary to prevent “actual interference” with law enforcement).

(2) Search and arrest warrants, with supporting affidavits and depositions, after a search warrant or arrest warrant is executed and returned. 197 Op. Att’y Gen. Ala. 13 (Oct. 10, 1984); see also Op. Att'y Gen. Ala. No. 2008-030, 2007 Ala. AG LEXIS 97 (Dec. 28, 2007).