4. Can an individual request records on behalf of a third party or organization?

There is no express prohibition on proxy requestors in the Public Records Law, and the notion records can be requested for any purposes implies that proxy requests should not be prohibited.

There is no limitation under the Act prohibiting individuals from making requests on behalf of third parties or organizations.

There appears to be no case law or statutory provision directly addressing this issue.

Any person, firm, corporation, or other entity may request records under the statute and sue to enforce compliance with its provisions. O.C.G.A. § 50-18-73(a). The extent to which the requester, e.g., a lawyer, may be acting on behalf of a third party has no bearing on the requester’s standing to make the request; nor does the third party’s identity or purpose. Smith v. Northside Hosp., 347 Ga. App. 700, 705, 820 S.E.2d 758, 764 (2018).

The law does not prevent an individual from requesting records on behalf of a third party or organization.

Any individual or business entity that has been authorized to act on behalf of a resident of Kentucky can request records on that resident’s behalf.  Ky. Rev. Stat. 61.870(10)(f).

Yes, but only the requestor has standing the challenge a denial of access.

The Act does not require any explanation of the purpose of the request and therefore it is clear an individual can request records on behalf of a third party or organization.

The Act does not limit access based on the purpose for which the documents are sought, nor does it restrict future use of the information received.

“Any person may inspect or copy any public record of a public agency.”  1 V.S.A. § 316(a). There is no limitation on or definition of the term “person.” Neither the motivation of the requester nor her or his use of the information or documents creates any restrictions. Shlansky v. City of Burlington, 2010 VT 90, ¶ 11, 13 A.3d 1075, 1080-81 (Vt. 2010); Finberg v. Murnane, 159 Vt. 431, 437, 623 A.2d 979, 983 (Vt. 1992). However, if records are sought by a party for use in a pending or ongoing litigation, they will likely be exempt from disclosure as “relevant to litigation” under 1 V.S.A. § 317(c)(14). See Wesco Inc. v. Sorrell, 2004 VT 102, ¶ 17, 865 A.2d 350, 356 (Vt. 2004).

The Act places no limitation on this activity. The remedial provisions of the Act recognize that a person may request public records through an attorney in a representative capacity.  See Va. Code Ann. § 2.2-3713.A.

Nothing in the statutes or case law prevents an individual from requesting records on behalf of a third party or organization. See Wis. Stat. § 19.35(1)(am).