August 17th, 2007

The FOIA news: It’s all bad

It’s not just you. The federal government has become less responsive and more stingy with FOIA requests across agencies and types of requests, according to Still Waiting
After All These Years:An in-depth analysis of FOIA performance from 1998 to 2006
. The report author, Coalition of Journalists for Open Government headlines the findings:

Backlog: Two of every five requests filed in 2006 were not processed

Caseload: Requests fell for the second straight year, but the backlog still increased

Waiting Time: Long waits for information continue

Information Released: Full grants hit an all-time low

Appeals: Don’t bet on winning, the odds are against it

Costs, Efficiency: More spent on processing by fewer hands

FOIA Fees: Charges pay an insignificant part of the costs

Exemptions: Citations on the rise, particularly regarding law enforcement

Expedited Requests: No real gain for those not rejected outright

Apparently the federal government doesn’t fear its citizenry…

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August 17th, 2007

Public records access laws lag as government cedes functions to private control

RCFP.jpg

Privatization v. The Public’s Right To Know summarizes recent attempts by state and federal government to avoid scrutiny, wall off public records from open access and privatize government functions. Told through anecdotal stories, the Reporters Committee for Freedom of the Press report highlights some major disadvantages to public safety and open access in the privatization of government functions. And the judiciary has often issued confusing opinions that puts the onus on the public to prove the right of access. The multi-part report also links to court cases and news accounts.

An extract from the Open Government Guide addresses each states law related to public records and nongovernmental bodies.

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December 8th, 2006

Information disclosure in federal and state laws

OpentheGovernment.org lists several new reports released by open government organizations. The National Freedom of Information Coalition (NFOIC) report, Federal Controls on State Information Disclosure:FERPA, HIPAA and DPPA, addresses “barriers to state records that federal legislation erects.”

Also, go to The National Freedom of Information Coalition site for a 50 state resource guide to state public information access laws, FOI advocates, publications and form letters for public record requests. Follow the links at each state site to reach the state organizations that advocate for open records.

The Idaho page has a link to the Idaho Press Club, Open Records Information page, a digest of relevant state laws in a question and answer format. The state page for Iowa lists the Iowa Freedom of Information Council, which cites the state laws on public access to government information but also has explanatory notes. The Iowa Association of Private Investigators is among this organization’s sustaining members, setting an example that all private investigator professional groups should follow with their state Freedom of Information advocates.

The Canadian Newspaper Association recently released its Freedom of Information Audit on the response of federal, municipal and provincial governments to public information requests.

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September 25th, 2006

Free 50 state guide to public records

The Reporters Committee for Freedom of the Press has issued a new Web-based public records guide. The Open Government Guide, “a complete compendium of information on every state’s open records and open meetings laws,” is a well organized and comprehensive pointer to code section summaries and case decisions of whose records are included or excluded, which type of records are covered and fees that can be charged. Access to various types of records, including police, real estate and vital records is addressed. A digest of each open records act exemption also specifies the portion of the record that is open, closed or not named.

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March 15th, 2006

Florida legislation will alter court files

Florida Senate bill 2366, An act relating to public records, will remove social security numbers from court filed judgments, replacing them with the person’s date of birth.

Removes the social security number of each person against whom a final judgment is rendered and replaces it with the person’s date of birth. Provides that if confidential and exempt information is or has been included in a court file or in a document filed as an official record, the information may be included as part of the court record or official record available for public inspection and
copying unless redaction is requested by specified individuals. Requires the individual requesting redaction to designate the statutory citation making the information confidential and exempt. Requires that after a specified date, a person who files a document with the clerk of the court must redact any information the person deems confidential and exempt by state or federal law before filing the document with the clerk of the court.

Read the rest of this entry »

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