tracking down public records sla - june, 2003. a primer on freedom of information
TRANSCRIPT
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”