Tracking Down Tracking Down Public RecordsPublic Records

SLA - June, 2003

A Primer A Primer on on

Freedom of InformationFreedom of Information

What are these FOIA laws?What are these FOIA laws?

one federal

50 state laws

if gov’t has a record, you can see it

Why have them?Why have them? informed citizens=better democracy

citizens and media can watchdog gov’t citizens can track how taxes are spent i.e. these are the citizen’s records!

What can you get?What can you get? Information?

What can you get?What can you get? Information?

What can you get?What can you get? Information? Records!

-documents, photos, film, video, discs

What can you get?What can you get? Information? Records!

documents, photos, film, video, discs

always presume you have a right – make them prove you don’t

Is nothing sacred?Is nothing sacred?

Yes, a few exemptions State laws:

personal medical info negotiations

trade secrets crime info during invest.

names of informants exam answers

Federal law exemptionsFederal law exemptions

nat’l securityinternal agency personnel rulescatch-all – recs exempted by other laws

trade secretsinternal agency memoranda/policypersonal privacylaw enforcement investigationsfederally regulated banksoil and gas wells

Federal law exemptionsFederal law exemptions

nat’l securityinternal agency personnel rulescatch-all – recs exempted by other laws

trade secretsinternal agency memoranda/policypersonal privacylaw enforcement investigationsfederally regulated banksoil and gas wells

not mandatory!

Who has access?Who has access? citizens, not just media

Records from whom?Records from whom? public bodies and gov’t agencies of

executive branchfed FOIA doesn’t cover Congress

most state laws don’t cover state legislature or judicial branches

other laws may cover them, however

How?How? Oral request

How?How? Oral request

Written request more common

When can you get records?When can you get records?

Fed: 20 business days but…..

States: most are 10 business days

Common ProblemsCommon Problemsofficials don’t know law

staff overworked and behind

stalling on newsworthy or embarrassing records

Archive of all records auditsArchive of all records auditsat Univ. of Missouriat Univ. of Missouri

Practical Tips

and Strategies

1. Take a positive approach1. Take a positive approach

Presume you can get the record! make them prove what law says you can’t!

Maintain a can-do attitude

2. Do your homework on the law2. Do your homework on the law

Have a copy of the lawHave a copy of the law

Learn previous rulings/practices on specific recordsLearn previous rulings/practices on specific records

““Tapping Officials’ Secrets” Tapping Officials’ Secrets”

2. Do your homework on the law2. Do your homework on the law

Have a copy of the lawHave a copy of the law

Learn the law on specific recordsLearn the law on specific records

— ““Tapping Officials’ Secrets”Tapping Officials’ Secrets”

Get the state guidebookGet the state guidebook

Check for other state resources Check for other state resources www.nfoic.orgwww.nfoic.org

2. Know the law2. Know the law

Review law and exemptions Review law and exemptions

Learn the law on specific recordsLearn the law on specific records

— states: states: ““Tapping Officials’ Secrets”Tapping Officials’ Secrets”

Get resourcesGet resources

Check for other state resources: Check for other state resources: www.nfoic.orgwww.nfoic.org

Compare state laws:Compare state laws: www.citizenaccess.orgwww.citizenaccess.org

RE: Security and Safety Plans/ProceduresRE: Security and Safety Plans/Procedures

RE: Security and Safety Plans/ProceduresRE: Security and Safety Plans/Procedures

Federal E-FOIA Federal E-FOIA (1996)(1996)

multi-track processing (some agencies)

simple – complex – expedited

requires new databases be designed for easy retrieval

requires on-line info index & description of “major information systems” description of the “record locator systems” frequently requested records

1. Keep positive approach

2. Do your homework on the law

3. Write a simple letter 3. Write a simple letter

Right agency (ies); Right person state: records access officer or a manager fed: agency contact person

3. Tips on letter writing3. Tips on letter writing

Right agency (ies); Right person records access officer or a manager

The more specific, the faster (usually) “any and all documents related to…” send a copy of the form needed

Expect to pay minimal copying costs Fed: ask for a fee waiver

see sample letter in packet

Letter generators states: Student Press Law Center

http://www.splc.org federal: Reporters Committee for Freedom of

the Presshttp://www.rcfp.org

4. Be persistent4. Be persistent

Call for the status

Find out who’s handling it

If turned down: demand a reason

Negotiate A look, rather than a copy A summary first Okay deletions of unnecessary info

Appeal

5. Try other routes5. Try other routes

An inside source

Another department at same level

An agency at a higher level

Gov’t library

On-line sources

Bonus: state ombudsperson if you’re working in:Connecticut Hawaii

Indiana Minnesota

New Jersey New York

Virginia

6. Other techniques 6. Other techniques media can usemedia can use

Alert managers to denials News and Observer; Dayton Daily News

Nudge the editorial writers to write it upEnlist media to tell the public the problem column, PSA, cartoon, news series add notation in news story that info gained through FOI law

Network with other mediaMonitor legislation re: e-accessBob-bug-’em ideaSue

Susan Long, TRAC:Susan Long, TRAC:

“Delay is their ally. Try not to reward them for it!”

Top ResourcesTop ResourcesCitizen Access [Brechner Center,U. of Fla]

http://www.citizenaccess.org

Dept. of Justicehttp://www.usdoj.gov/04foia/

FOI Center, Univ of Missourihttp://foi.missouri.edu/

National FOI Coalition http://www.nfoic.org

Reporters’ Committee for Freedom of the Presshttp://www.rcfp.org

Society of Professional Journalistshttp://www.spj.org/foia.asp

Student Press Law Center http://www.splc.org

Hot Issues in StatesHot Issues in States

Medical records (HIPAA)

Anti-terrorism legislation Limits on info re: security, emergencies,

infrastructure since 9/11

Tendency toward privacy versus openness

Outsourcing records to private vendors

TV News Directors: TV News Directors: Since 9/11 which best Since 9/11 which best characterizes news gathering related to gov’t and characterizes news gathering related to gov’t and security issues? security issues?

RTNDF Survey by Prof. Bob Papper, Indiana Univ. 262 NDs Jan-Feb, 2003

Much Harder

10%

No Diff36%

Don't Cover

6%

Some Harder

48%

GOOD NEWSGOOD NEWS

More states putting records online from GSA report, May ‘03 on e-government:

“reduced cost and enhanced revenue

aids economic development

reduces redundancyfosters democratic principles…”

HippoHippo

Hippo HIPAAHippo HIPAA

When fed agency should deny:When fed agency should deny:

Reno: if “foreseeable harm”

Ashcroft: for any “sound legal basis”