OLR Report 2013-R-0435 gives examples of other states' laws that allow certain records (e.g., crime scene photos) to be inspected but not copied. You also want to know the (1) procedures these states use to prevent unauthorized copying of these records and (2) consequences of unauthorized copying.
OLR Report 2013-R-0364, which addressed state laws governing access to crime scene photos, autopsy records, and 911 tapes and transcripts, identified four states whose laws have provisions for inspecting, but not copying, these records. They are Georgia (crime scene photos or videos), North Carolina (autopsy photos or videos), North Dakota (911 tapes), and Ohio (autopsy photos).
Public agencies in these states use varying procedures to prevent unauthorized copying of the records, such as having a staff member present when a person inspects them. Officials with whom the office spoke said that they did not know of any instances of unauthorized copying of the records when inspected under these laws.
Two states (Georgia and North Carolina) have criminal penalties for unauthorized copying of the records; none of the four states' laws allow for a cause of action for unauthorized copying. A person could file a lawsuit for common law tortious invasion of privacy, but we found a North Carolina case concerning unauthorized copying and distribution of autopsy photos where the court dismissed such a claim.
For more information, read the full report.
