Whether records held by a private entity concerning discussions with a government entity are considered public or private records depends on various factors, including the nature of the records, the context of the discussions, and applicable state laws.
In general, records held by private entities are not automatically considered public records, even if they involve discussions with a government entity. Private entities are not subject to public records laws in the same way government agencies are. However, there are situations where records held by private entities may become subject to public disclosure:
- Contractual Agreements: If the private entity has entered into a contractual agreement with a government agency that includes provisions for public access to certain records, those records may be subject to disclosure.
- Government Oversight or Regulation: In some cases, certain private entities may be subject to government oversight or regulation, and records related to such oversight may be subject to public access.
- Public-Private Partnerships: In arrangements where a private entity collaborates with a government agency in a public-private partnership, the records related to that collaboration may be subject to public records laws.
It’s essential to consult the specific public records laws of the jurisdiction in question to understand the rules and exemptions that apply. Legal definitions and regulations can vary, so seeking legal advice or contacting the relevant public records custodian or government agency can provide more accurate information based on the specific circumstances.