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SB 2389

AN ACT RELATING TO PUBLIC RECORDS -- ACCESS TO PUBLIC RECORDS

2026 Regular Session Introduced by Bob Britto and 8 co-sponsors

Overhauls Rhode Island's public records law to broaden access (arrest logs, body cam footage) while tightening exemptions, penalties, and rules to curb vexatious requests.

05/21/2026 Committee recommended measure be held for further study
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Bill Summary · SB 2389

Summary of SB 2389 (Rhode Island; 2026)

Purpose and intent

  • This act overhauls Rhode Island’s Access to Public Records law (Chapter 38-2) to clarify exemptions, tighten penalties for violations, and expand public access in several areas. It aims to balance the public’s right to information with privacy and security concerns, while also addressing “vexatious” or obstructive request behavior.

Key provisions and changes

  • Broad updates to public records framework (38-2-1 to 38-2-15):

    • Reaffirms public access as a core principle and supports privacy protections where disclosure would be an unwarranted invasion of personal privacy.
    • Restates and expands the list of records that may be non-public, including personnel records, confidential business information, law enforcement records, tax returns, and other sensitive materials. Notable clarifications include:
    • Public disclosure requirements for certain employee remuneration data on public works projects (names, salaries, job titles, etc.) but with privacy protections for home addresses of peace officers.
    • Clear treatment of pension records as open for public inspection (with privacy exclusions for medical information and designated beneficiaries).
    • Specific exemptions for police investigative records, confidential sources, and law enforcement techniques (with conditions for redaction and public release of final reports).

  • Arrest logs and police data (38-2-3.2, 38-2-3.16):

    • Arrest data: Required public availability of certain arrest information (name, address, date, charge, etc.) within 48 hours (72 hours if weekend/holiday) for arrests within the prior 30 days.
    • Police body-worn camera footage: All footage subject to this act; final or redacted forms must be released within 30 days unless an extension is granted for ongoing investigations.

  • Access procedures and costs (38-2-3.2; 38-2-4):

    • Public bodies must respond to requests within 10 business days, with possible extensions up to 20 additional business days for voluminous or complex requests, upon written justification.
    • Public records must be accessible in multiple formats (print, electronic, etc.) and costs for copying, search, and retrieval are defined (e.g., 0.15 per page for paper copies; up to $15/hour for search/retrieval with the first two hours exempted from charges; costs may be waived or reduced for public-interest-focused requests).

  • Penalties and enforcement (38-2-9):

    • Civil fines: up to $4,000 for knowing and willful violations; up to $2,000 for reckless violations, plus potential attorney’s fees to the prevailing plaintiff.
    • Fines may be used to fund IT improvements to improve online access to records.
    • Court can hear cases in Superior Court and may order records be released at no cost to the prevailing party; possible attorneys’ fees for the prevailing defendant if the claim lacked grounding.

  • Vexatious requests (new 38-2-17):

    • Allows a public body to seek a court order to relieve a custodian from fulfilling a record request if it is part of a contemporaneous pattern intended to disrupt government operations.
    • Requires documentation of improper intent; imposes potential costs on the requester if the court finds disruption and provides certain protections for a second or continued misuse.

  • Additional data and disclosures (38-2-14 to 38-2-19):

    • Settlement information, traffic accident/improvement data, and certain license plate data (within privacy and DPPA constraints) would be public under specified conditions.
    • Emergency 911 call confidentiality remains intact, with limited permissible releases subject to court order or specified categories.

Who would be affected

  • State and local public bodies (agencies, departments, school districts, police departments, public works, etc.) and their records custodians.
  • Individuals whose records are requested (employees, pensioners, witnesses, crime victims, etc.), particularly where sensitive information is involved.
  • Public safety bodies and privacy-driven exemptions interplay (e.g., law enforcement records, confidential sources, worker privacy).
  • Private entities or contractors working with public bodies, due to the public nature of many records and the nullification of private confidentiality clauses for otherwise public records.

Procedural and timeline aspects

  • Effective date: Upon passage.
  • Response timelines: 10 business days for initial response; up to 20 additional business days under specified circumstances.
  • Fines and remedies: Civil fines and attorneys’ fees adjudicated in Superior Court; potential daily fines for ongoing wrongful withholding; costs to the prevailing party if successful.
  • Oversight and reporting: Annual attorney general report on complaints, with published findings and decisions; a public, searchable portal for certain decisions and opinions.

This act substantially broadens accessibility to certain records (including arrest logs and body-worn camera footage) while reinforcing privacy protections and adding mechanisms to deter obstructive or frivolous requests.

Compiled from official sources — confirm details with the bill’s official record.

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