Open Records Decision No. 396
August 15, 1983

	Re:  Whether financial records on operation of jail commissary are available 
under the Open Records Act

Honorable Joe Max Taylor
Sheriff
Galveston County Courthouse
715-19th Street
Galveston, Texas  77550

Dear Sheriff Taylor:

	You have requested our decision under the Open Records Act, article 6252-17a, 
V.T.C.S., as to the disclosability of financial records relating to inmate trust accounts.  
We conclude that such records are excepted in part by a common law right of privacy 
under section 3(a)(1).

	The information at issue here consists of the names of inmates, the sums 
deposited to their trust accounts, and their financial transactions with the commissary of 
the Galveston County Jail.  In Open Records Decision No. 373 (1983), we held that 
background financial information about individuals who transact business with a public 
body may ordinarily be withheld by a common law right of privacy.  On the other hand, 
in Open Records Decision No. 385 we said that information in the accounts receivable of 
a public hospital -- including the names of patients and the amount of money owed -- is 
not excepted from disclosure by a common law right of privacy.  The distinction was 
based largely on the public's legitimate concern about direct information relating to a 
public body's debtors and creditors.

	In the present instance, we believe that distinction means that the public is 
ordinarily entitled to information regarding an individual inmate's transactions with the 
jail commissary, since such matters involve the “receipt or expenditure of public . . . 
funds by governmental bodies.”  V.T.C.S. art. 6252-17a, §6(3).  In particular instances, 
the identity of certain products may be withheld to protect a common law right of 
privacy, e.g., certain medications or publications.  Information about the sums deposited 
to inmate accounts, and the total amount an inmate has on deposit at any particular time, 
does not, however, relate to the receipt or expenditure of public funds.  With regard to 
those funds, the sheriff acts merely in the capacity of trustee for the inmates.  As a result, 
we do not believe that there is sufficient legitimate public concern with regard to such 
information to overcome the inmate's right of common law privacy about his financial 
affairs under section 3(a)(1).  As you suggest, such material may be likened to 
information about an individual's personal bank records, and, under the standard of Open 
Records Decision No. 373, should be deemed to constitute background financial 
information.

	You also contend that the information at issue is excepted from disclosure by 
section 3(a)(8), the law enforcement exception, and by section 3(a)(11), the inter-agency 
memorandum exception.  In our opinion, that material which we have found to be 
disclosable under section 3(a)(1) -- information regarding individual inmates' financial 
transactions with the jail commissary -- is not excepted under either section 3(a)(8) or 
section 3(a)(11).

Very truly yours,

Jim Mattox
Attorney General of Texas

Tom Green
First Assistant Attorney General

David R. Richards
Executive Assistant Attorney General

Prepared by Rick Gilpin
Assistant Attorney General

APPROVED:
OPINION COMMITTEE

Rick Gilpin, Acting Chairman
Susan Garrison
Jim Moellinger
Nancy Sutton