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Alabama's Public Records Law contains two general and two specific exemptions.

Alabama's exemptions are not patterned on the federal Freedom of Information Act.

1. Accountants

a. Accountants: All records prepared by a CPA or public accountant in the performance of a practice monitoring program or peer review conducted by the Board of Public Accountancy, except pursuant to court proceedings, Board investigations, or ethical investigations conducted by private professional organizations. Ala. Code § 34-1-21 (Supp. 2005) (confidential records).

b. Board of Public Accountancy: Any records, information, or writings obtained or kept by the Board of Public Accountancy in connection with a practice review program or obtained or kept by the Board in connection with a disciplinary investigation, except pursuant to a disciplinary investigation, court order or litigation involving the Board. Ala. Code § 34-1-3(o) (Supp. 2005) (confidential records).

2. Agriculture

a. Agricultural cooperative marketing associations: Annual reports filed with the Alabama Commissioner of Agriculture and Industries. Ala. Code § 2-10-28 (1999) (confidential records). Report of investigation of associations by the Alabama Commissioner of Agriculture and Industries. Ala. Code § 2-10-29 (1999) (confidential records).

b. Livestock market annual permit applications: Information on applications filed with the Alabama Commissioner of Agriculture and Industries regarding the amount or volume of business conducted. Ala. Code § 2-15-62(e) (Supp. 2005) (confidential records).

c. Meat and poultry inspections: Annual reports, answers, and information gathered or received by the Alabama Commissioner of Agriculture and Industries during inspections, for those engaged in intrastate commerce, unless used in a judicial proceeding to enforce this statute. Ala. Code § 2-17-24(a)(2) (1999) (confidential records).

d. Milk-processing establishments: Information received by the Alabama Commissioner of Agriculture and Industries in examination of records of establishments. Ala. Code § 2-13-92 (1999) (confidential records).

e. Investigative Reports: investigate reports of the Commissioner of the Department of Agriculture. Ala. Code § 2-2-6 (Supp. 2010)

e. Seeds: Records of receipts, sales and deliveries of seed sold in Alabama, for auditing by the Alabama Department of Agriculture and Industries. Ala. Code § 2-26-10(d) (1999) (confidential records).

3. Attorneys and Judges

a. Attorney discipline: Subpoenas issued in connection with a confidential proceeding under the Alabama Rules of Disciplinary Procedure for attorneys. Alabama Rules of Disciplinary Procedure 17(a) (confidential records).

b. Attorney discipline: The affidavit required of an attorney who is disbarred by consent under Alabama's disciplinary rules, except upon order of the Disciplinary Board of the Alabama State Bar. Alabama Rules of Disciplinary Procedure 23(c) (confidential records).

c. Attorney discipline: Information contained in any file inventoried pursuant to the appointment of a trustee or supervising lawyer by the Disciplinary Board or Disciplinary Commission of the Alabama State Bar to protect the interests of a lawyer and the lawyer's clients, unless the client to whom the file relates consents. Alabama Rules of Disciplinary Procedure 29(b) (confidential records).

d. Attorney discipline: All disciplinary proceedings of the Alabama State Bar until the respondent pleads guilty or the Disciplinary Commission makes a finding of guilty, except (1) petitions for reinstatement, (2) proceedings for transfer to disability inactive status, (3) proceedings for interim suspension, (4) character and fitness appeal, (5) all matters regarding surrender of license or public probation, or (6) if the respondent makes the matter public or requests that it be made public. Alabama Rules of Disciplinary Procedure 30(a) (confidential records).

e. Attorney specialization: The files and records of certifying agencies concerning lawyers certified or seeking certification, except as directed by the board. Alabama State Bar Rules of Specialization 5(5.03) (confidential records).

f. Attorneys: Communications with clients. Ala. Code § 12-21-161 (1995) (confidential records); see also Advertiser Co. v. Auburn Univ., 17 Media L. Rep. (BNA) 1907, 1910-11 (Cir. Ct. of Lee County, Ala., Mar. 29, 1990) (recognizing attorney-client privilege of Alabama Code § 12-21-161 (1995) as ground for nondisclosure of public record, but finding privilege waived by prior disclosure); Ala. Code § 34-3-20 (2002) (attorney's duty to maintain client confidentiality). But see Ala. Code § 36-25A-7(a)(3) (Supp. 2005) (Alabama Open Meetings Act) (allowing executive session to be convened for discussions between governmental body and its attorney regarding pending litigation or imminent litigation, but requiring executive session to be concluded and open meeting to be convened if governmental body begins to deliberate about what action to take based on advice of attorney).

g. Client Security Fund: The result of an investigation under the Alabama State Bar Security Fund Rules regarding an application for reimbursement, together with all evidence in connection therewith, until the Client Security Fund Committee authorizes reimbursement. Alabama Client Security Fund Rules III(B)(i) (confidential records).

h. Client Security Fund: Applications, proceedings, and reports involving applications for reimbursement under the Alabama State Bar Client Security Fund Rules, until the Client Security Fund Committee authorizes reimbursement of the claimant, unless the lawyer whose alleged conduct gave rise to the claim requests that the matter be made public. Alabama Client Security Fund Rules X(A), (B) (confidential records).

i. Contract counsel and/or public defender for defense of indigents: Attorney-client communications. Ala. Code §§ 15-12-28, -44 (1995) (confidential records).

j. Judicial Inquiry Commission: All proceedings, including records, except the filing of a complaint by the Commission with the Court of the Judiciary. Ala. Const. of 1901, amend. 328, § 6.17 (confidential records).

k. Judicial Inquiry Commission: All proceedings, except the filing of a complaint by the Commission with the Court of the Judiciary. Alabama Judicial Inquiry Commission Rule 5 (confidential records).

4. Banking

a. Bank acquisitions: Records regarding applications filed with the State Superintendent of Banks for acquisition of banks by majority of voting shares. Ala. Code § 5-5A-44(b) (1996) (confidential records).

b. Banking Department Bureau of Loans: Records, reports and other data submitted by any licensee to the Supervisor of the State Bureau of Loans and the reporting of all investigations. Ala. Code § 5-2A-80 (1996) (confidential records).

c. Bank examinations: Reports and records of examinations by the State Superintendent of Banks, the State Banking Board, or any bank examiner or other state employee; records reflecting action of the bank taken pursuant thereto; and records and minutes of the State Banking Board that relate to a bank or several specific banks. Ala. Code §§ 5-3A-3, -11 (1996) (confidential records).

d. Foreign banks: Records regarding examination and investigation of foreign banks by the State Superintendent of Banks, unless the Superintendent deems that publication will serve the public advantage. Ala. Code § 5-13B-105(a) (1996) (confidential records).

e. Savings and loan associations: Confidential comments by examiner or auditor in reports to the State Savings and Loan Commissioner regarding associations. Ala. Code § 5-16-36(b) (1996) (confidential records).

5. Computer Services

a. Alabama Supercomputer Authority: Data collected, stored, processed, or disseminated through utilization of the supercomputer system pursuant to sections 41-10-390 through 41-10-406 of the Alabama Code. Ala. Code § 41-10-399(b) (2000) (confidential records).

b. Computer-based court information maintained by the Administrative Office of Courts ("AOC"): Records sealed, exempted, or restricted by law or rule, except by court order; juvenile matters; adoption matters; mental proceeding matters; personnel matters; criminal matters involving sexual offenses committed on a minor under age 18; and data "made to order" rather than in current retrievable format, unless the Administrative Director of Courts ("ADC") determines that the requested "made to order" information possesses significant potential for enhancement of the judicial system. Alabama Rules of Judicial Administration 33 appendix (UJS Computer Data Dissemination Requests — Procedures).

c. Criminal Justice Information Center: Records and information that identify an individual about whom information pertains, except on a "need to know" or "right to know" basis. Ala. Code § 41-9-642 (2000). See generally Ala. Code §§ 41-9-594 (2000) and 41-9-620 et seq. (2000). See also Ex parte Alabama Criminal Justice Information Center Commission, 572 So. 2d 487, 489 (Ala. Civ. App. 1990) ("The ACJIC is not an agency for public access. Its purpose is to provide law enforcement and other governmental agencies with highly confidential information concerning certain crimes and criminals. The ACJIC Enabling Act disallows public use of the information and requires the Commission to 'ensure that adequate safeguards are incorporated so that data available through this system is used only by properly authorized persons and agencies.'").

6. Conservation and Environmental Control

a. Air pollution control: Records, reports and information required by the Alabama Department of Environmental Management under this chapter, upon a satisfactory showing that disclosure would divulge production or sales figures or unique methods, processes, or production, trade secrets, or other competitive information. Ala. Code § 22-28-20(a) (1997) (confidential records).

b. Fees for disposal of hazardous waste: Fee report of any operator submitted to the Alabama Department of Revenue; reports and information secured by the Alabama Department of Revenue for the purpose of determining fees. Ala. Code § 22-30B-15(a), (c) (1997) (confidential records).

c. Forever Wild Land Trust Board: Confidential information, where necessary. Ala. Const. of 1901, amend. 543, § 5(k)(1) (confidential records).

d. Hazardous wastes management: Records, reports and information required by the Alabama Department of Environmental Management under this chapter, upon a satisfactory showing that disclosure would divulge production or sales figures or unique methods, processes, or production, trade secrets, or other competitive information. Ala. Code § 22-30-18 (1997) (confidential records).

e. Hazardous wastes management: Any records, reports, or information obtained by a duly designated officer, employee or representative of the Environmental Management Department from any person under this section, to the extent required by sections 22-30-9 and 22-30-18 concerning trade secrets and confidentiality. Ala. Code § 22-30-19(d) (1997) (confidential records).

f. Underground tank and wellhead protection: Records, reports and information required by the Alabama Department of Environmental Management under this chapter, upon a satisfactory showing that disclosure would divulge production or sales figures or unique methods, processes, or production, trade secrets, or other competitive information. Ala. Code § 22-36-8 (1997) (confidential records).

g. Water pollution control: Records, reports and information (other than effluent data) required by the Alabama Department of Environmental Management under this chapter, upon a satisfactory showing that disclosure would divulge production or sales figures or unique methods, processes, or production, trade secrets, or other competitive information. Ala. Code § 22-22-9(c) (1997) (confidential records).

7. Courts

a. Civil court mediation: All sessions (and records of sessions), unless the parties and mediator consent otherwise. Alabama Civil Court Mediation Rules 10 (confidential records).

b. Civil court mediation: All information disclosed in the course of mediation, including oral documentary or electronic information. Alabama Civil Court Mediation Rules 11 (confidential records).

c. Civil court mediation: There shall be no record made of the mediation proceedings. Alabama Civil Court Mediation Rules 12 (confidential records).

d. Grand jury: Evidence, exhibits, information. Ala. Code §§ 12-16-215, -216 (1995) (confidential records). But see Burnham Broad. Co. v. City of Mobile, CV 92-2752 (Cir. Ct. of Mobile County, Ala., Aug. 4, 1992) (public records remain public records even if same records are also made exhibits before grand jury).

e. Juror lists: Names drawn for grand and petit juries. Ala. Code § 12-16-70 (Supp. 2005) (confidential records).

f. Master jury box: Names drawn by county jury commissions for juror qualification. Ala. Code § 12-16-59(a) (1995) (confidential records).

8. Criminal Procedure

a. 911 Audio Recordings: 911 audio recordings are not subject to public disclosure 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).

Criminal procedure: Portions of records disclosing the identity of confidential informants. Ala. R. Crim. P. 3.9(a) (confidential records).

b. Criminal procedure: Unexecuted search warrants. Ala. R. Crim. P. 3.14 (confidential records).

c. Criminal procedure: Reports of court-appointed mental health professionals made pursuant to Rule 11.3 regarding mental health examinations of the defendant. Ala. R. Crim. P. 11.5(a) (confidential records).

d. Criminal procedure: Grand jury information and documents. Ala. R. Crim. P. 12.3(c)(4)(iii) (confidential records). But see Burnham Broad. Co. v. Mobile, CV 92-2752 (Cir. Ct. of Mobile County, Ala., Aug. 4, 1992) (public records remain public records even if same records are submitted to grand jury).

e. Criminal procedure: Reports by mental health experts who have personally examined the defendant or any evidence in the case, and the results of any mental examinations, scientific tests, experiments or comparisons, including all written reports or statements made by mental health experts in connection with the case, unless otherwise ordered by the court. Ala. R. Crim. P. 25.5(a) (confidential records).

f. Criminal procedure: Presentence reports, diagnostic evaluation reports, and physical and mental health examination reports. Ala. R. Crim. P. 26.5(c) (confidential records). But see Ala. Code § 13A-5-47(b) (1994) (presentence "report and any evidence submitted in connection with it shall be made part of the record in the case").

g. Director of Forensic Sciences: DNA records collected and maintained for the purpose of the identification of criminal suspects or offenders. Ala. Code §§ 36-18-27, -28 (2001) (confidential records).

h. Pardons, paroles and probation: State prisoner files, except for entry by each member of the State Board of Pardons and Paroles of reasons for favoring a pardon, parole, remission of fine or forfeiture, or restoration of civil and political rights. Ala. Code § 15-22-36(b) (Supp. 2005) (confidential records); see also Ex parte Ala. Bd. of Pardons & Paroles, 814 So. 2d 870 (Ala. 2001) (holding that section 15-22-36(b) "clearly and unambiguously establishes an absolute privilege that the Board is legally bound to obey and the circuit court is under a duty to uphold" and vacating circuit court's order to produced privileged records).

i. Pardons, paroles and probation: Reports, records and data assembled by probation officer regarding cases referred to the officer by any court or by the State Board of Pardons and Paroles and referred to the court, except upon order of the court to which this information is referred. Ala. Code § 15-22-53(b) (1995) (confidential records).

j. State crime victim counselors: Communications with crime victims. Ala. Code § 15-23-42 (1995).

k. State Crime Victims Compensation Commission: Investigative reports and information obtained from law enforcement officers and agencies by the Commission. Ala. Code § 15-23-5(4) (1995) (confidential records).

l. State crime victims petition hearing: Court file information regarding crime victim that reveals address, telephone number, place of employment, and other related information about the victim, including in some circumstances the victim's name. Ala. Code § 15-23-69 (1995) (confidential records).

9. Domestic Abuse

a. Domestic violence facilities: Information received by facilities, the circuit court, any district attorney or the district attorney's employees, or by authorized persons employed by or volunteering services to a facility, through files, reports, inspection or otherwise, except to safeguard the identity of individuals and facilities. Ala. Code § 30-6-8 (Supp. 2005) (confidential records).

b. Protection from abuse: The home and business address and telephone number of a plaintiff asserting a claim under the Alabama Protection from Abuse Act, the home and business address and telephone number of any member of the plaintiff's family or household, or an address that would reveal the confidential location of a shelter for victims of domestic violence as defined in section 30-6-1. Ala. Code § 30-5-5(e)(1) (Supp. 2010) (confidential records).

10. Elections

a. Voter registration: Applications and written answers, except with written consent of the person who filed the answers or pursuant to order of a court of competent jurisdiction in a proper proceeding. Ala. Code § 17-3-52 (2006) (confidential records). But see Op. Att'y Gen. Ala., No. 2005-185, 2005 Ala. AG LEXIS 150 (Aug. 23, 2005) (concluding that "[t]he boards of registrars and probate judges may provide only the names and precincts of registered voters to persons or entities," but that political parties are "entitled to obtain all voter registration information in the possession of the boards of registrars or probate judges, except for social security numbers.")

11. Energy Department

a. Alabama Department of Energy: Information of a proprietary nature. Ala. Code § 41-6A-4(8) (2000) (confidential records).

b. Alabama Department of Energy: Abstracts of proposals for energy-related grants sent to the department for information and coordination purposes. Ala. Code § 41-6A-7 (2000) (confidential records).

c. Alabama Department of Energy: Proprietary information acquired under the provisions of this chapter. Ala. Code § 41-6A-11 (2000) (confidential records).

12. Fire Marshal

a. State Fire Marshal: In the discretion of the Fire Marshal, any testimony taken in an investigation under the provisions of this chapter. Ala. Code § 36-19-25 (2001) (confidential records).

b. State Fire Marshal: Any information furnished pursuant to this article, until such time as its release is required pursuant to a criminal or civil proceeding. Ala. Code § 36-19-43(b) (2001) (confidential records).

13. Geologists

a. Geologists: Individual test scores and applications for licensing under the Alabama Professional Geologists Licensing Act and material relating thereto, including letters of reference relating to the application. Ala. Code § 34-41-15(c) (2002) (confidential records).

14. Government

a. Code of Ethics: A complaint filed pursuant to this chapter and all other information and documents. Ala. Code §§ 36-25-1(7), -4(b) (Supp. 2010) (confidential records).

b. Governor: All reports, advice, counsel or recommendations of the governor's councillor. Ala. Code § 36-13-13(b) (2001) (confidential records).

c. Legislative reference service: All requests for assistance and the contents thereof, any communications regarding such requests, any materials related to such requests, and any work product related to or arising from such request, until waived in whole or in part. Ala. Code § 29-7-6(c)(1) (2003) (confidential records); see also Bassett v. Newton, 658 So. 2d 398 (Ala. 1995) (when constitutionally required notice of intent to pass general law applying to only one municipality was given, information concerning the bill and its contents were released and the statutory confidentiality of a legislator's request for assistance from LRS in drafting the bill was waived) (§ 29-7-6 was revised after this decision was released to limit the holding of the case.).

15. Handicapped Persons

a. Interpreters for speech/hearing defective persons: Information gathered by interpreters, equal with attorney-client privilege, unless the speech/hearing defective person wants disclosure of such information. Ala. Code § 12-21-131(i) (1995) (confidential records).

16. Health Care

a. Bill of Rights for Persons with Developmental Disabilities and Traumatic Brain Injury: Personal, financial and medical records. Ala. Code § 38-9C-4(9) (Supp. 2005) (confidential records).

b. Commissioner of Mental Health: Information that could identify a reported or reporting person under the commission's authority to receive data for research. Ala. Code § 22-50-61(b) (Supp. 2010) (confidential records).

c. Dentists, chiropractors, and physicians' utilization and quality control committees, peer review committees, and professional standards review committees: Records and proceedings. Ala. Code § 6-5-333(d) (1993) (confidential records).

d. Health Care Service Utilization Review Act: Medical records. Ala. Code § 27-3A-2(5) (1998) (confidential records).

e. Health Care Service Utilization Review Act: Individual medical records. Ala. Code § 27-3A-5(a)(7) (1998) (confidential records).

f. Health maintenance organizations: Trade secrets and privileged or confidential commercial or financial information that appears on applications, filings and reports required by this chapter; documents and other evidence required to be submitted to the State Commissioner of Insurance or State Health Officer in connection with enforcement of this chapter; and any examination or investigation report, at the discretion of the State Commissioner of Insurance or State Health Officer, so long as deemed necessary to protect the person examined from unwarranted injury or to be in the public interest. Ala. Code § 27-21A-24 (1998) (confidential records).

g. Health maintenance organizations: Any data or information pertaining to the diagnosis, treatment or health of any enrollee or applicant obtained from such person or from any provider by any HMO, except to the extent necessary to carry out the purposes of this chapter, or with the express consent of the enrollee or applicant, or pursuant to court order, or in the event of a claim or litigation between such person and the HMO wherein such data or information is pertinent. Ala. Code § 27-21A-25 (1998) (confidential records).

h. Hospital records: Subpoenaed, certified records procured by a litigant, unless and until ordered published by the court trying the case at the time of the trial. Ala. Code § 12-21-6(a) (1995) (confidential records).

i. Hospitals and other health care facilities: Materials regarding accreditation, quality assurance, and credentialing. Ala. Code § 22-21-8(b) (1997) (confidential records).

j. Hospitals and other health care facilities: Information regarding health care facilities received by the State Board of Health other than by inspection, except in a proceeding involving the question of licensure or revocation of license. Ala. Code § 22-21-30 (1997) (confidential records).

k. Impaired Professionals' Committee: All information and documents furnished to or produced by the Alabama Impaired Professionals' Committee and any findings, recommendations, etc; all records and proceedings of such committee (regarding impairment of dentists, dental hygienists and pharmacists), except for records made in the regular course of business of an individual. Ala. Code § 34-38-6 (2002) (confidential records).

l. Licensed professional counselors and certified counselor associates: Communications with clients, the same as attorney-client privilege of confidentiality. Ala. R. Ev. 503; see also Ala. Code § 34-8A-21 (2002) (confidential records).

m. Licensed psychologists and psychiatrists: Communications with clients, the same as attorney-client privilege of confidentiality. Ala. Code § 34-26-2 (2002) (confidential records); see also Ex parte Rudder, 507 So. 2d 411, 412, 416 (Ala. 1987) (applying statutory psychiatrist-client privilege, Ala. Code § 34-26-2, to deny media access to psychiatric records of patient for use in libel case; "[i]nformation recognized as privileged is not available to the public").

n. Medicaid program: Records that reveal names of recipients of benefits. Ala. Code § 22-6-9(b) (1997) (confidential records).

o. Medical liability insurers for Alabama physicians and health care providers: Reports rendered to respective state licensing agencies pursuant to the requirements of this section; any and all information and documents produced by the respective state licensing boards as a result of any investigation of the subject matter of the reports; and all records, reports and other documents of the licensing board, except that any such records otherwise public from the original sources are not to be construed as confidential merely because they were presented to or considered by the licensing board. Ala. Code § 27-26-5(c) (1998) (confidential records).

p. Mental health direct care providers: Any criminal history background information requested and secured under this article. Ala. Code § 22-50-91 (Supp. 2010) (confidential records).

q. Mental Health Consumers' Rights Act: All information in the consumer's mental health, medical and financial records. Ala. Code § 22-56-4(b)(6) ( 1997) (confidential records).

r. Notifiable diseases: Medical and statistical information and reports required by this chapter. Ala. Code § 22-11A-2 (1997) (confidential records).

s. Notifiable diseases: Required reports to county and state health officers regarding tuberculosis. Ala. Code § 22-11A-9 (1997) (confidential records).

t. Notifiable diseases: Required reports to county and state health officers regarding sexually transmitted diseases, except in "proceedings to compel the examination, testing, commitment, or quarantine of any person or upon the written consent of the patient." Ala. Code § 22-11A-14(e) (1997) (confidential records).

u. Notifiable diseases: Medical records regarding persons infected with sexually transmitted diseases, except in commitment proceedings or with written consent of the patient. Ala. Code § 22-11A-22 (1997) (confidential records); see also State Dep't of Public Health v. Wells, 562 So. 2d 1315 (Ala. Civ. App. 1989) (exception to confidentiality of test results for inmate compelled to submit to testing did not apply to HIV test results conducted with cooperation by and at request of inmate being tested).

v. Notifiable diseases: Any information required pursuant to this chapter. Ala. Code § 22-11A-38(j) (1997) (confidential records).

w. Notifiable diseases: Medical test results regarding HIV infection or a specific sickness or medical condition derived from such infection. Ala. Code § 22-11A-54 (1997) (confidential records).

x. Notifiable diseases: Pleadings and court documents regarding appeal by infected health care worker from decision of trial court regarding notifiable disease. Ala. Code § 22-11A-64(h), (i) (1997) (confidential records).

y. Notifiable diseases: Information collected during investigation of an infected health care worker. Ala. Code § 22-11A-68(b) (1997) (confidential records).

z. Notifiable diseases: Records and documents related to the investigation and review of any infected health care worker. Ala. Code § 22-11A-69(a) (1997) (confidential records).

aa. Nurses: All records of a licensee who successfully completes the disciplinary alternative program of the State Board of Nursing for impaired nurses. Ala. Code § 34-21-25(j)(6) (Supp. 2010) (confidential records).

bb. Physicians, practitioners of healing arts: Complaints regarding physicians or osteopaths submitted for hearing before the State Medical Licensure Commission or the State Board of Medical Examiners. Ala. Code § 34-24-361(i) (2010) (confidential records); see also Op. Att'y Gen. Ala. No. 2002-089, 2001 Ala. AG LEXIS 265 (Dec. 10, 2001) (distinguishing "absolutely privileged" from "confidential" and holding that administrative complaints are public records).

cc. Physicians, practitioners of healing arts: All information and documents furnished to or produced by the Alabama Impaired Physicians Committee and any finding, recommendation, etc. of such committee; all records and proceedings of such committee; but documents made in the regular course of business of a health care provider or hospital or available from original sources are not immune from discovery or use in a civil proceeding "merely because they were presented or considered during the proceedings of the Alabama impaired physicians committee." Ala. Code § 34-24-404 (2002) (confidential records).

dd. Residential Health Care Recipient Ombudsman: Information regarding a complaint resolution proceeding. Ala. Code § 22-5A-6(d) (1997) (confidential records).

ee. Statewide Cancer Registry: Information gathered for cancer registry. Ala. Code § 22-13-33(a), (d) (Supp. 2005) (confidential records).

ff. Vital statistics: Birth and death records, until 125 years after the date of birth or 25 years after the date of death, when such records become nonrestricted public records. Ala. Code § 22-9A-21(f) (1997) (confidential records).

17. Horse and Greyhound Racing

a. Horse and greyhound racing commissions: Financial, net worth, and other confidential information submitted to the commission by licensee or operator; information from investigations by commission or received from other law enforcement agencies, if necessary or desirable. Ala. Code § 11-65-10(10) (1994) (confidential records).

b. Horse and greyhound racing facility license application: Information on application regarding confidential financial information, percentage of ownership, and the information protected in section 11-65-10. Ala. Code § 11-65-15 (1994) (confidential records).

c. Horse and greyhound racing operator's license application: Information on application regarding confidential financial information, percentage of ownership, and the information protected in section 11-65-10. Ala. Code § 11-65-18 (1994) (confidential records).

18. Insurance

a. Life and Disability Insurance Guaranty Association: The request to the Association Board for examination of a member insured for impairment or insolvency, until the release of the examination report to the public. Ala. Code § 27-44-12 (1998) (confidential records).

b. Insurance holding company systems: Upon request of the person filing a statement for approval of merger or other acquisition of control of an insurance holding company system, the identity of the lender that is the source of consideration to be used in effecting the merger or other acquisition. Ala. Code § 27-29-3(b)(2) (1998) (confidential records).

c. Insurance holding company systems: All information and documents obtained by or disclosed to the State Commissioner of Insurance or any other person in the course of an examination or investigation made pursuant to section 27-29-6 (1998) (examination of books and records of insurer to ascertain financial condition or legality of conduct) and all information reported pursuant to section 27-29-4 (1998) (registration of insurers that are members of insurance holding company systems). Ala. Code § 27-29-7 (1998) (confidential records).

d. State Disclosure of Material Transactions Act: All reports obtained by or disclosed to the State Commissioner of Insurance pursuant to this section, unless prior written consent of insurer to which the report pertains is obtained. Ala. Code § 27-2A-2(d) (1998) (confidential records).

e. State Risk-based Capital for Insurers Act: All RBC reports, to the extent the information therein is not required to be set forth in a publicly available annual statement schedule, and RBC plans, including the results or report of any examination or analysis of an insurer performed pursuant hereto and any corrective order issued by the State Commissioner of Insurance pursuant to examination or analysis, with respect to a domestic insurer or foreign insurer which are filed with the Commissioner, unless disclosed by the Commissioner pursuant to enforcement actions taken by the Commissioner pursuant to the chapter or any other provision of the insurance laws of this State. Ala. Code § 27-2B-9(a) (1998) (confidential records).

19. Juveniles

a. Adoption of children: All records regarding subsidized adoption. Ala. Code § 26-10-28 (1992) (confidential records).

b. Adoption of children: All records regarding adoption, except upon order of court for good cause shown. Ala. Code § 26-10A-31(c) (Supp. 2005) (confidential records).

c. Alabama Adoption Code: The original birth certificate and the evidence of adoption, after the new birth certificate has been issued. Ala. Code § 26-10A-32 (Supp. 2005) (confidential records).

d. Alabama Uniform Parentage Act: Information that could jeopardize the disclosure of identifying information of the child or other individual, such as addresses, telephone numbers, places of employment, Social Security numbers, and the child’s day-care facility and school. Ala. Code § 26-17-105 (2009). (confidential records).

e. Child care: Records regarding admission, progress, health, and discharge of children at child-care facilities. Ala. Code § 38-7-7(a)(7) (1992) (confidential records).

f. Child care: Records regarding children and facts learned about children and their relatives by child care facilities and the State Department of Human Resources. Ala. Code § 38-7-13 (1992) (confidential records); see also Birmingham News Co. v. Hornsby, CV 94-103 TH (Cir. Ct. of Montgomery County, Ala., Mar. 18, 1994) (access to copies of administrative hearing officer's final report regarding child abuse/neglect investigative hearing denied because of jeopardy to statutory provisions for confidentiality).

g. Child care position applicants: All information, including any criminal conviction record, procured by the State Department of Human Resources or an approved agency pursuant to this chapter. Ala. Code § 26-1-4(a) (1992) (confidential records).

h. Child custody and support proceedings: If the court so orders, the address of the child (whether or not visitation is allowed) or the address of the victim of family or domestic violence. Ala. Code § 30-3-135(c) (1998) (confidential records).

i. Crime records of employees supervising children: All reports, records and statements required to be made by this chapter. Ala. Code § 38-13-8 (Supp. 2005) (confidential records).

j. Delinquent, in need of supervision, and dependent children: Juvenile legal files and social, medical, psychiatric, and psychological records, including reports of preliminary inquiries and predisposition studies, and court records regarding such children. Ala. Code § 12-15-133 (Supp. 2010) (confidential records).

k. Education of exceptional children: Records of case history, classification and placement of exceptional children. Ala. Code § 16-39-8 (2001) (confidential records).

l. Juvenile appellate procedure: Identity (in appellate opinions, the style of the case, motions and briefs) of juveniles who have been the subject of a proceeding in the juvenile court system, persons granted youthful offender status, victims of child abuse, and victims of a sex offense. Ala. R. App. P.52 (confidential records).

m. Juvenile law enforcement: Records, unless a charge of delinquency is transferred for criminal adult prosecution or the court orders in the interest of the child or national security. Ala. Code §§ 12-15-134 (Supp. 2010) (confidential records).

n. Juvenile procedure: Summons or other notice, except in a proceeding to terminate parental rights. Alabama Rules of Juvenile Procedure 13(A) (confidential records).

o. Juvenile procedure: Any information that discloses the identity of the parties or is detrimental to the interests of a child or the work of the juvenile court. Alabama Rules of Juvenile Procedure 18 (confidential records).

p. Legitimation of children: The names and addresses on the putative father registry, except upon order of court for good cause shown. Ala. Code § 26-10C-1(f), (h) (Supp. 2005) (confidential records).

q. Parental consent to performing abortion: In all pleadings or court documents, the minor shall be identified by initials only. Ala. Code § 26-21-4(i) (1992) (confidential records).

r. Parental consent to performing abortion: Records and information involving court proceedings conducted pursuant to section 26-21-4 (procedure for waiver of consent requirement to perform abortion on an unemancipated minor). Ala. Code § 26-21-8(a) (1992) (confidential records).

s. Reporting of child abuse or neglect: The reports and records of child abuse and neglect, except as permitted for specific purposes to authorized persons under this section. Ala. Code § 26-14-8(c) (Supp. 2005) (confidential records); see also Birmingham News Co. v. Hornsby, CV 94-103 TH (Cir. Ct. of Montgomery County, Ala., Mar. 18, 1994) (access to final decisions of administrative hearing officer in child abuse/neglect investigative hearing denied because of jeopardy to statutory provisions for confidentiality).

t. Victims of sexual abuse or exploitation under age 18: Court records regarding such individuals. Ala. Code § 15-1-2(b) (1995) (confidential records).

u. Youth Services Department: Information concerning any youth for whom the department provides social services or care in accordance with the provisions of this chapter. Ala. Code § 44-1-39(a) (1991) (confidential records).

v. Youthful offenders: Fingerprints, photographs and other records of person adjudged to be youthful offender, unless the court, in its discretion, permits inspection of these records. Ala. Code §§ 15-19-7(b) (1995) (confidential records); Clerk of Municipal Court of Cordova v. Lynn, 702 So. 2d 166 (Ala. Civ. App. 1997) (names of defendants adjudicated as youthful offenders are not subject to disclosure absent good cause).

20. Library Services

a. Alabama Public Library Service: Records regarding public library use by an individual. Ala. Code § 41-8-10 (2000) (confidential records).

21. Mining

a. Surface coal mining and reclamation: Records, reports or information required to be submitted to the regulatory authority by a licensee or permittee under this chapter that, upon verified representation, would reveal certain production or financial data, unique processes, or other anti-competitive information. Ala. Code § 9-16-100 (2001) (confidential records).

b. Surface coal mining and reclamation permits: Information on application for permit pertaining to the analysis of the chemical and physical properties of the coal, unless potentially toxic. Ala. Code § 9-16-83(b)(16) (2001) (confidential records).

c. Surface coal mining and reclamation permits: Information submitted for permits as confidential trade secrets or privileged commercial or financial information that relates to the competitive rights of the person or entity intended to explore the described area. Ala. Code § 9-16-87(b) (2001) (confidential records).

d. Surface coal mining reclamation plan: Information submitted with a mining application and reclamation plan pertaining to analysis of the chemical and physical properties of the coal (unless potentially toxic) and, upon verified representation, any report, record, or information the disclosure of which would reveal certain production or financial data, unique processes, or other anti-competitive information. Ala. Code § 9-16-84(a)(12) (2001) (confidential records).

22. Motor Vehicles and Traffic

a. Motor vehicle accidents: All proof-of-financial- responsibility accident reports made by persons involved in accidents or by garages, except that the Director of the State Department 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) (confidential records). Also, reports and data compiled or collected for identifying, evaluating, or planning safety for potential accident sites, or hazardous roadway conditions. Ex parte Ala. Dep't of Transp., No. 1980486 (Ala. Sup. Ct., December 17, 1999).

b. Motor vehicle licenses and registration: Reports or records received or made by the Driver License Medical Advisory Board or any of its members or by the Director's office pursuant to this division for the purpose of assisting the director in determining whether a person meets the medical, physical, or mental standards to be licensed as a driver, except in a proceeding under section 32-5A-195 (drivers license cancellation, suspension, or revocation). Ala. Code § 32-6-43 (1999) (confidential records).

23. Navigation and Vessels

a. Navigation and watercourse registration and operation of vehicles: All confidential reports and accident reports. Ala. Code § 33-5-7 (2002) (confidential records).

b. Navigation and watercourse registration and operation of vessels: All accident reports made by operators of vessels involved in accidents, except that the State 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) (confidential records).

24. Public Welfare

a. State Department of Human Resources: Case records of recipients of public welfare, applicants, payments and services, confidential information concerning children and their families, etc. Ala. Code § 38-2-6(8) (Supp. 2005) (confidential records); see also Birmingham News Co. v. Hornsby, CV 94-103 TH (Cir. Ct. of Montgomery County, Ala., Mar. 18, 1994) (access to copies of administrative hearing officer's final reports in child abuse/neglect investigative hearing denied because of jeopardy to statutory provisions for confidentiality).

b. State Department of Human Resources: Public welfare case records, cancelled public welfare checks, etc. Ala. Code § 38-2-12(b) (1992) (confidential records).

c. State protection of aged or disabled adults: Any record of the State Department of Human Resources or other agency pertaining to an aged or disabled adult pursuant to this chapter. Ala. Code § 38-9-6(e) (Supp. 2005) (confidential records).

d. State public welfare: Any records pertaining to adoptions or to children placed in foster homes for adoption or for other purposes. Ala. Code § 38-1-4 (1992) (confidential records).

25. Railroads

a. Railroad preservation: Confidential information supplied to the State Highway Department by railroads as necessary to the planning process. Ala. Code § 37-10-5(c) (1992) (confidential records); see also Ex parte Ala. Dep't of Transp., 757 So. 2d 371 (Ala. 1999).

26. Real Estate Appraisers

a. Real estate appraisers: Residence addresses of real estate appraisers on file with the State Board of Real Estate Appraisers. Ala. Code § 34-27A-16(c) (2002) (confidential records).

27. Taxation

a. Alabama Taxpayers' Bill of Rights: In records of appeals of state tax rulings to an administrative law judge, information received from the Internal Revenue Service that is restricted by law or agreement, and as otherwise ordered by the administrative law judge. Ala. Code § 40-2A-9(m) (2003) (confidential records).

b. Alabama Taxpayers' Bill of Rights: Tax returns, information and records, unless the taxpayer gives written permission. Ala. Code § 40-2A-10 (2003) (confidential records).

c. Alabama Taxpayers' Bill of Rights and Uniform Revenue Procedures Act: Taxpayer assistance officers shall have full access to State Revenue Department's records subject to confidentiality restrictions of this chapter. Ala. Code § 40-2A-4(b)(1) (2003) (confidential records); see also Brown v. State, 740 F. Supp. 819, 822-23 (N.D. Ala. 1990) (regarding introduction of evidence regarding trial judge's tax returns into public court record without consent of trial judge; referring to predecessor confidentiality statutes).

d. Alabama Taxpayers' Bill of Rights and Uniform Revenue Procedures Act: Upon written request of the taxpayer, trade secrets and other confidential information contained in revenue rulings issued by the State Revenue Department. Ala. Code § 40-2A-5(d) (2003) (confidential records).

e. Drugs and controlled substances excise tax: Information and documents obtained pursuant to this chapter, except in connection with a proceeding involving taxes due under this chapter, unless such information is independently obtained. Ala. Code § 40-17A-13(a) (2003) (confidential records).

f. Income taxes: Information obtained by a claimant agency from the State Department of Revenue in accordance with the provisions of this article. Ala. Code § 40-18-107(b) (2003) (setoff debt collection by Alabama Commission on Higher Education regarding student loans and by Alabama Department of Pensions and Securities regarding public assistance programs) (confidential records).

g. Multistate Tax Compact: Information obtained by an interstate audit pursuant to this article. Ala. Code § 40-27-1, art. VIII(6) (2003) (confidential records).

h. Providers of medical services privilege tax: Information and documents secured from pharmaceutical providers pursuant to this article. Ala. Code § 40-26B-5(b) (2003) (confidential records).

i. Providers of medical services privilege tax: Information and documents secured from nursing facilities pursuant to this article. Ala. Code § 40-26B-24(b) (2003) (confidential records).

j. Tax Incentive Reform Act of 1992: The agreement of a private user of industrial development property or of a major addition to same, as required by this section, unless consent by the private user is given in writing. Ala. Code § 40-9B-6(c) (2003) (confidential records).

28. Veterinarians

a. Veterinarians: The records of meetings of Alabama State Board of Veterinary Medical Examiners closed "to prepare, approve, or grade examinations or to deliberate qualifications of a proceeding to discipline a licensed veterinarian." Ala. Code § 34-29-66(b)(6), (8) (2002) (confidential records).

b. Veterinarians: Information received by the Alabama State Board of Veterinary Medical Examiners through inspections and investigations, except in a proceeding involving the question of license. Ala. Code § 34-29-68 (2002) (confidential records).

29. Workers' Compensation

a. Unemployment compensation: Information on covered persons regarding employment, wages, hours, unemployment, and related matters, except to the extent necessary for proper presentation of the contest of a claim. Ala. Code § 25-4-116 (2000) (confidential records).

b. Workers' compensation: Records and information related to the functioning of this article, except to the extent necessary for the proper presentation of the contest of a claim. Ala. Code § 25-5-294(a) (2000) (confidential records). Also, all information, interviews, reports, statements, memoranda and test results, written or otherwise, received by the employer through a substance abuse testing program, except with written consent by the person tested, when release of information is compelled by a state agency or court of competent jurisdiction, or when deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. Ala. Code § 25-5-339(a), (b), (c) (2000) (confidential records).

Other records that are open to the public by specific law, case law or attorney general opinion:

1. Aeronautics

a. Civil Air Patrol: current lists of license tags in each county issued to amateur radio operators licensed by the Civil Air Patrol. Ala. Code § 32-6-92 (1999) (public records).

b. State Department of Aeronautics: records regarding rules and regulations for licensing certain open-to-the-public airports. 1 Ala. Admin. Code r. 60-X-1-.03 (Supp. March 31, 1991) (public records).

2. Agriculture

a. Alabama Agricultural and Conservation Development Commission: all records of the Commission. Ala. Code § 9-8A-3(e) (2001) (public records).

3. Conservation and Natural Resources

a. State Department of Conservation and Natural Resources: all records, except confidential reports and accident reports for vessels. Ala. Code § 33-5-7 (2002) (public records).

4. Courts

a. Circuit court register's office: records of the office, when not in use by the register. Ala. Code § 12-17-119 (1995) (public records).

b. County juror commissions: master list of jurors. Ala. Code § 12-16-57(c) (1995) (public record).

c. County Probate Judge's Office: records "regarding license plates issued for state vehicles other than unmarked state vehicles that are used for investigative or surveillance work in law enforcement." Birmingham News Co. v. Hobbie, 12 Media L. Rep. (BNA) 1687, 1688 (Cir. Ct. of Montgomery County, Ala., Dec. 20, 1985); see also Ala. Code § 12-13-50 (1995) ("The records of the office [of probate judge] must be free for the examination of all persons when not in use by the judge, whether such persons are interested in such records or not.") (public records).

5. Criminal Procedure

a. Sheriff's office: records of prisoners, execution or order of sale of property, and sales of property. Ala. Code § 36-22-13 (2001) (public records); pistol licenses. TV Alabama Inc. v. Woodward, No. CV-9707688 (Cir. Ct. of Jefferson County, Alabama, Dec. 17, 1997); the front side of incident/offense reports. Washington County Publications v. Wheat, No. CV-99-94 (Cir. Ct. of Washington County, Alabama, May 1, 2000).

b. State Department of Corrections: inmate work release rosters, including the inmate's name, the specific location of the inmate, the inmate's place of employment, and the crime for which the inmate is incarcerated. 200 Op. Att'y Gen. Ala. 25 (Aug. 20, 1985) (public records).

6. Environmental Control

a. State Air Pollution Control Act: records, reports and information gathered pursuant to agency authority, except for trade secrets. Ala. Code § 22-28-20(a) (1997) (public records).

b. State Hazard Waste Management Act: records, reports and information gathered pursuant to agency authority, except for trade secrets. Ala. Code § 22-30-18 (1997) (public records).

c. State Underground Storage Tank and Wellhead Protection Act: records, reports and information gathered pursuant to agency authority, except for trade secrets. Ala. Code § 22-36-8 (1997) (public records).

d. Water Pollution Control Commission: records and reports gathered pursuant to agency authority, except for trade secret, profit, production and sales information. Ala. Code § 22-22-9(c) (1997) (public records).

7. Fire Marshal

a. Alabama Fire Fighters' Personnel Standards and Education Commission: bylaws and regulations. Ala. Code § 36-32-6 (2001) (public records).

b. State Fire Marshal: records of all fires occurring in the state, except that testimony taken in a fire investigation may be withheld at the Marshal's discretion. Ala. Code § 36-19-25 (2001) (public records).

8. Government, Local

a. Board of adjustment: minutes of proceedings, including the vote of each member upon each question, and records of examinations and other actions. Ala. Code § 11-52-80(b) (1994) (public records).

b. Board of commissioners in city commission form of government: a record of the proceedings of every meeting. Ala. Code §§ 11-44-22, -82, -126 (1989) (public records).

c. City council in mayor-council form of government: a record of the proceedings of every meeting. Ala. Code §§ 11-44C-28 and -44E-51 (1989) and -44B-6(f) (Supp. 2005) (public records).

d. City council in council-manager form of government: a journal of proceedings of every meeting. Ala. Code §§ 11-43A-24 (1989) and -86, -90 (Supp. 2005) (public records).

e. Municipal planning commissions: record of resolutions, transactions, findings and determinations. Ala. Code § 11-52-4 (1994) (public records).

9. Government, State

a. Administrative procedure: contested cases: the recording or stenographic notes of oral proceedings or the transcription thereof, except in cases where private hearings are authorized by law, or where the proceedings are ordered sealed by order of court or are required to be sealed by statute. Ala. Code § 41-22-12(h) (2000) (public records).

b. Alabama Housing Finance Authority Board of Directors: all records of the Board. Ala. Code § 24-1A-4 (2000) (public records); see also Op. Att'y Gen. Ala. No. 2001-063 (Jan. 5, 2001).

c. Beautification Board of the State of Alabama: a record of the proceedings. Ala. Code § 41-9-494 (2000) (public records).

d. State Ethics Commission: reports and statements filed with commission shall be available during regular business hours and online via the internet. Ala. Code § 36-25-4(a)(5) (2001) (public records).

10. Health Care

a. Alabama Board of Examiners of Counseling: records, orders and judgments. 4 Ala. Admin. Code r. 255-X-1-.07 (Supp. June 30, 2003) (public records).

b. Alabama Medicaid Agency: uniform cost reports filed by providers with the Agency. 184 Op. Att'y Gen. Ala. 27 (Aug. 25, 1981) (public records).

c. State Nursing Board: names of nurses whose licenses have been revoked. 167 Op. Att'y Gen. Ala. 28 (May 4, 1997) (based upon statutory provisions that have been revised and replaced by Alabama Code § 34-21-25 (2002), but arguably still good law for this point); see Ala. Code § 34-21-25 (j)(6) (2002) ("The records of a licensee who fails to comply with the program agreement or who leaves the state prior to the successful completion of the program shall not be deemed confidential.") (public records).

11. Highway Department

a. State Highway Department: files and records, including plans and specifications. Ala. Code § 23-1-34 (2000) (public records).

12. Railroads

a. Northeast Mississippi-Northwest Alabama Railroad Authority Compact Board of Directors: records of the Authority and the Board. Ala. Code § 37-11A-1 art. IV (1992) (public records).

13. Veterinarians

a. Alabama State Board of Veterinary Medical Examiners: complete and accurate records of all meetings, except the records of closed meetings to prepare, approve, administer or grade examinations or to deliberate qualifications of a proceeding to discipline a licensed veterinarian. Ala. Code § 34-29-66(b)(8) (2002) (public records).