Here's the thing about the Georgia ORR, the 2012 revision doesn't specifically stipulate that audio and video recordings be included, thus, it is clearly open to interpretation by the AG and/or a judge, which would come about when someone requests (and is denied) such recordings.
Nothing in the Georgia ORR specifies that electronic communications (which would include public safety radio traffic) be "in the clear". How on articulates the request will impact largely the response.
Agencies encrypt for a reason. They do NOT want outside parties intercepting their communications.
In North Little Rock, ARK, citizens sued to get access to encrypted radio traffic.
http://forums.radioreference.com/ar...ark-citizens-suing-over-radio-encryption.html
Apparently the city complied with a request to supply an official feed on Broadcastify of their dispatch traffic, on a 30 minute delayed basis.
So...who wants to be the one to spend their thousands of personal dollars and countless hours of time filing motions in Clayton county or Gwinnett county to attempt accomplish the same objective?
Anyone? Bueller? Anyone?
The way the law works is, anything that is not specifically exempt is included. That's why the law says ALL records, and only lists exempt records. So, if an agency argues that some record should fall under exempt, and a judge agrees, then it is exempt. Otherwise, it is open.
I get it. Agencies encrypt because they don't want people listening. But therein lies the rub with the Sunshine Law. Government should conduct business in the open. There is nothing in the law which addresses electronic communication, so someone could argue that it is included.
As for who would spend money, likely not an individual. It would likely be a company or group, like a media company or some private group which wants to set a precedent so that electronic communications be in the clear.
But there's another, much cheaper route. Someone could ask the AG for an official opinion. Once an AG's official opinion is given, it has the effect of law, until that opinion is overturned in court. Among groups or individuals who could request an opinion is the agency in question, if they want to know whether communications are exempt and want to ensure they are abiding by the law. Also, any lawmaker or the governor. If you can bend their ear, the AG is obligated to issue one. He doesn't have a choice.
I've been in journalism for nearly 3 decades. I've never once spoken to an AG who felt that electronic communications are exempt from their state's Sunshine Law. If someone wanted to push the issue, it would floor me if this state's AG felt differently.
I don't have a dog in this fight, though. I'm not going ask for this agency's communications to be in the clear. I honestly couldn't care less, because I don't want to monitor them. I'm sure the local paper, most likely the residents of the town, and maybe a TV newsroom, might feel differently. I'm only saying that an agency would be acting in the spirit of the law if their radio communications were to be in the clear, so long as it doesn't endanger people during a critical incident, mission or investigation.