Public Records Policy

LOT-LG-0004
December 15, 2025

I. Purpose
This policy provides information about compliance with Ohio law regarding Ohio Lottery Commission (the “Lottery”) Records and establishes a policy within the Lottery for responding to requests for its Records. This policy also delineates exceptions to the Ohio Public Records Act and other laws. The Lottery is a proponent of transparency in government and responds to each request for Records with that goal in mind.

II. Scope
This policy applies to all Ohio Lottery Commission employees, Commissioners, Vendors and any other holders of Lottery records. This policy also applies to all individuals accessing any Lottery system.

III. Policy
A. Records created with Information Technology Resources: Any records created as a result of the use of Lottery or State of Ohio-provided information technology Resources may be subject to disclosure under Ohio’s public records law and must be retained in accordance with state and Lottery record retention schedules. In addition, the records created may also be subject to eDiscovery.

B. Requests for Records: The Ohio Public Records: The Ohio Public Records Act and this Policy shall be followed when responding to any request for Lottery Records.
 

1. Form of Requests: Unless specifically required by law, requestors do not have to put a records request in writing, identify themselves, or identify the intended use of the request records. It is Lottery’s general policy that this information is not to be required or requested.
   • Lottery may ask for such information when it is believed that any of this information would enhance Lottery’s ability to identify, locate, or deliver the Public Records requested. 
   • Prior to asking a requestor for this information, Lottery will inform the requestor that a written request is not required and that the requestor may decline to reveal the requestor’s identity or intended use.
   • Requestors needing to submit Confidential Personal Information (CPI) or Personally Identifiable Information (PII) in order to verify appropriate records should request additional guidance on from [email protected] before transmitting data.
2. Responding to requests
   • Employees and Commissioners will forward all requests for records to the Records Administrator or their designee at [email protected].
   • The Records Administrator or designee will acknowledge and log receipt of the request. Generally, all requests for Records should be acknowledged in writing within three (3) business days following Lottery’s receipt of the request.
   • If the request is a valid request for Public Records, the Record Administrator will forward the request to the relevant Records Custodian to gather responsive Public Records. To the extent that the relevant Public Records contain information subject to standard redactions1 provided to the Records Custodian, the Records custodian will forward the records to the Office of Counsel for redaction prior to submitting the relevant Public Records to the Records Administrator.
   • The Records Administrator, upon receipt of the Public Records from the Records Custodian, or Office of Legal Counsel in the case of redactions, will make any additional legal redactions, draft a response to the request, and share with the Chief Legal Counsel or designee for review and final approval.
   • Public Records must be made available for inspection by the requestor promptly, and copies of the public record must be made available within a reasonable period of time.
   • Public Records are to be made available for inspection during regular business hours, defined as 8:00am to 5:00pm Monday through Friday.
   • In processing a public records request, the Lottery does not have an obligation to create new Records or perform a search or research for information in its Records.
   • If a public records request is for Records that are kept in a database or electronic system, a Record is deemed to exist so long as a computer system is already programmed to produce the Record through Lottery’s standard use of sorting, filtering or querying features. The Lottery is not required to reprogram its computer system to produce the requested Record.
3. Denials and Redactions of Records
   • If a requestor makes a vague, ambiguous, or overly broad request such that the Lottery cannot reasonably identify what Records are being requested, the Lottery will deny the request, advise the requestor of the basis for the denial, and notify the requestor of the ability to clarify the request. In doing so, the Lottery may inform the requestor of the manner in which Records are maintained and accessed by the Lottery in the ordinary course of business, if that information may be helpful in clarifying the request.
   • If the Lottery withholds Records, it must provide an explanation, including legal authority, for the denial(s). If the initial request was made in writing, an explanation must also be in writing.
   • If a Record contains information that is exempt from the Ohio Public Records Act, where practicable, the Record will be produced with the exempt information redacted. The redaction shall be plainly visible, and the Lottery must provide an explanation, including legal authority, for the redaction(s). If it is not practicable to provide the Record in a redacted format, the Lottery will deny the request and provide an explanation, including legal authority, for the denial.
   • If the Lottery is not the holder of the requested records, does not maintain the requested records, the record does not exist or has been disposed of pursuant to the Ohio Lottery Record Retention Schedule2, the Lottery will advise the requestor that the requested records do not exist.
4. Copying and Mailing Costs
   • Those seeking Public Records may be charged only the actual cost of making copies, not including labor. The charge for paper copies is five cents per page. The charge for electronic files downloaded to a compact disc is one dollar per disc. 
   • A requestor may be required to pay in advance for costs involved
     in providing the copies. The requestor may choose whether to
     have the Public Records duplicated upon paper, upon the same
     medium in which the Public Record is kept, or upon any other
     medium on which the Lottery determines that the Public Record
     can reasonably be duplicated as part of the Lottery’s normal
     operations.
   • If a requestor asks that Public Records be delivered to them, they
     may be charged the actual cost of the postage and mailing
     supplies, or other actual costs of delivery.
   • There is no charge for e-mailed Public Records.

1. Data. Coded representation of quantities, objects, and actions (Note: This includes Data processed into a form that has meaning and value to the recipient to support an action or decision). The word “Data” is often used interchangeably with the word “Information” in common usage and in this policy. 
2. eDiscovery. “Discovery” refers to the process of complying with legal obligations to produce relevant documents and information to opposing counsel in the course of civil litigation or to prosecutors or government investigators in criminal or regulatory proceedings. “eDiscovery” refers to the production of files or other Data held in an electronic form, such as e-mail.
3. Personally Identifiable Information (PII). “Personally Identifiable Information” is information that can be used directly or in combination with other information to identify a particular individual. It includes:
   • a name, identifying number, symbol, or other identifier assigned to a Person;
   • any information that describes anything about a person;
   • any information that indicates actions done by or to a person; and
   • any information that indicates that a person possesses certain personal characteristics.
4. Public Record. "Public record" means records kept by any public office. Exceptions to this are found, but not limited to: O.R.C. §§ 149.43, 149.433, 149.45, 1333.61(D), 2710.03, 3770.03, 3770.07, and 45 C.F.R 160.103. A requestor of public records who disagrees with the decision to withhold all or part of a record may file a complaint against the Lottery in the Court of Claims or file a mandamus lawsuit against the Lottery.