"Freedom of Information" ("FOI") is a general term for the laws — sometimes called "sunshine laws" — and principles that govern the public’s right to access government records. FOI helps the public keep track of its government’s actions, from the campaign expenditures of city commission candidates to federal agencies’ management of billions of dollars in tax revenues. Without FOI, information-seeking citizens would be left to the whims of individual government agencies, which often do not give up their records easily.
Using freedom of information laws is a simple, and potentially powerful, way of obtaining information about the activities of federal, state and many local governments. You don't need to hire a lawyer, and no complicated forms are involved—requests can be made in a simple letter. And you don't need to be a journalist to share what you find with others who are interested in these issues; with nothing more than an Internet connection, you can post the information and make it available to anyone in the world.
Your request can yield information that has a real impact on your community. For example, in 2003, a parent of a student in Texas, Dianna Pharr, spurred by the financial crisis in her local school district, began filing multiple requests under the Texas Public Information Act to investigate the district's spending and operations. She and other parent volunteers established an online repository for the documents she received and made them available on a local community website, Keep Eanes Informed. Pharr's efforts received coverage in the local press, and have enabled her community to make informed decisions when dealing with school board proposals. Similarly, in 2006, the nonprofit organization Public Employees for Environmental Responsibility used the Freedom of Information Act to get documents that revealed that genetically-modified crops had been sown on thousands of acres in a federal wildlife refuge. A coalition of nonprofits used this information to sue the U.S. Fish and Wildlife Service for violating federal environmental law. For other examples of the benefits of sunshine laws, see the National Security Archive's 40 Noteworthy Headlines Made Possible by FOIA, 2004-2006.
So now that we've convinced you of the value of acquiring government records, it's time to dig into the relevant sections that govern the information you are interested in. Before you start, however, you'll want to first determine whether the information you seek is held by a federal or state governmental body. This is important because different freedom of information laws apply to the federal government and various state government entities. If you are not quite sure whether you should review the federal or state sections of this guide, you might find the page on Identifying Federal, State, and Local Government Bodies helpful.
The following pages in this section will help you to understand and use freedom of information laws to acquire government records:
If you are seeking records held by the United States government, you will need to become familiar with the Freedom of Information Act ("FOIA"), which was enacted in 1966. FOIA provides access to the public records of all departments, agencies, and offices of the Executive Branch of the federal government, including the Executive Office of the President. FOIA does not cover the sitting President, Congress, or the federal judiciary. For information on accessing information from these sources, see the Access to Presidential Records, Access to Congress, and Access to Courts and Court Records sections of this guide, respectively.
FOIA requires federal agencies to:
The heart of FOIA is a "FOIA request": a written notice to the FOIA officer of a federal agency stating which records you are seeking. You should be forewarned, however, that although FOIA is a powerful tool for getting government information, it involves a rather complicated set of procedures. Before you file a request, you should spend some time reviewing each of the sections listed below. Click on one of the following sections to get started:
The Freedom of Information Act ("FOIA") gives the right to request access to government records to any person for any reason, whether the person is a U.S. citizen or a foreign national. Requests can be made in the name of an individual or an organization (including a corporation, partnership, or public interest group). Individuals have the same access rights as professional journalists, though journalists who work for established media organizations sometimes receive better treatment from records-keepers. Individuals probably won’t qualify for some of the perks afforded to media professionals, such as fee waivers and expedited processing, but they are just as capable of using records requests to reveal information that is important to the public. In fact, according to one study, more FOIA requests come from ordinary citizens than from professional media organizations.
Filing a request under FOIA may seem daunting at first, and it often is not easy to figure out how and where to get the information you seek. However, this legal guide should help you navigate FOIA so you can gather valuable government information that you can use to inform your fellow citizens and the world at large.
FOIA covers records from all federal regulatory agencies, cabinet and military departments, offices, commissions, government-controlled corporations, the Executive Office of the President, and other organizations of the Executive Branch of the federal government. 5 U.S.C. § 552(f). For example, the Environmental Protection Agency, the Defense Intelligence Agency and the Food and Drug Administration are all covered by FOIA. To browse a list of executive agencies, visit the U.S. Government Manual or the LSU Libraries Federal Agency Directory. Links to a number of federal agencies' FOIA websites are available here.
FOIA does NOT apply to the President, Congress (or members of Congress), or the federal courts and federal judiciary. For information on accessing information from these sources, see the Access to Presidential Records, Access to Congress, and Access to Courts and Court Records sections of this guide, respectively. Some federally funded organizations may not be covered by FOIA if the government does not control or regulate their operation. However, any of those organizations’ records that are filed with federal agencies may be covered. No private persons or organizations are covered by FOIA.
State and local governments are not covered by FOIA, including federally-funded state agencies, but all states and some local governments have passed freedom of information laws. Requests for information from a state or local governments must be made under that jurisdiction's freedom of information legislation. For more information on selected states, see the Access to Records from State Governments section of this guide.
All non-exempt electronic and physical records held by federal agencies must be disclosed under FOIA. Federal agencies covered by FOIA are permitted to withhold documents, or redact portions of documents, if the records (or information in the records) are covered by one of the nine exemptions established by FOIA. One of the most common exemptions relied on the exemption for national security.
The following section set out the essential information you need to know about the kinds of documents you can access using FOIA, so that you can tailor your request or, if your request is denied, to consider whether and how to this decision might be challenged.
There are a number of ways that you can receive government records. The easiest method is to access an agency's online “reading room” which provides free access to certain government documents. If you can't get what you want through a reading room, you should carefully consider how (and in what form) you want the responding agency to provide the documents to you.
Before you jump into filing a FOIA request, however, you should spend some time researching which agency or agencies have the records you want. There is no central depository for federal government information, and each agency has its own office for handling FOIA requests. This can make your search rather difficult, but there are a number of resources that may help you in determining which federal entities are likely to have the information you seek:
Online Reading Rooms
FOIA requires that all federal agencies maintain online reading rooms that provide electronic versions of their regulations, policy statements, and records. Reading rooms are the easiest method of obtaining certain types of government information, because accessing them requires only a few clicks on an agency’s website. Therefore, you should always start by checking to see if the records you are seeking are already available in the reading room. This will save you the time, energy and money of making a FOIA request or otherwise attempting to get information. The type and amount of information available in the reading rooms vary greatly by agency, but many include a number of useful records.
If you can't find the agency's online reading room from their homepage, try searching for “(agency name) reading room” (most agency web sites have a section labeled specifically as a “reading room,” so you should be able to find it with a simple online search). It can also be helpful to run the same search at FirstGovSearch.gov, the U.S. Government Printing Office’s online directory of government information.
Here is a list of online reading rooms for some of the government’s most visible agencies and offices:
Other Means of Getting Records
If you can't find the records you are seeking in the agency's reading room, then you will need to request the records informally or file a FOIA request. See the section on Requesting Records Under FOIA in this guide for more information.
In your request you can ask to receive either an electronic copy or a physical copy of the records. If the records already exist in the form that you request them in, then the agency must generally provide the records in your preferred form. However, if you request an electronic copy of records that only exist in paper form, then the agency must only provide you with an electronic copy if it is reasonably able to do so, meaning that the record is "readily reproducible" in the alternate format. If you would prefer a certain type of electronic format, the agency need only provide the records in that specific format if it is reasonably able to do so. See 5 U.S.C. 552(a)(3)(B).
Depending on the agency, physical copies of records may usually be mailed or faxed to you, while electronic copies of records may either be e-mailed to you or sent to you on a CD-ROM or other disk drive. Because of the various ways you can receive the records, it is very important that you specify your preferred method when you initially file your request.
Any records created, possessed, or controlled by a federal regulatory agency, cabinet and military departments, offices, commissions, government-controlled corporations, the Executive Office of the President, and other organizations of the Executive Branch of the federal government must be disclosed unless the information contained in the records is covered by a specific FOIA exemption. FOIA only extends to existing records; you cannot compel an agency to create or search for information that is not already in its records. Nor can you use FOIA to compel agencies to answer your general questions under FOIA. However, you sometimes can agree to accept information in an abbreviated form rather than the actual documents.
Agencies are required to make the following records available for public inspection and copying without a formal FOIA request via the Federal Register:
If you are interested in records that don't fall into one of these categories, you will need to file a FOIA request. See the section on How to Request Records Under FOIA in this guide for more information.
Physical Records
Physical records of any description can be requested under FOIA. Traditional typed documents, as well as maps, diagrams, charts, index cards, printouts and other kinds of paper records can be requested. Moreover, access under FOIA is not restricted to information recorded on paper. Information recorded in electronic media (see further below), audio tapes, film, and any other medium can be requested. The Society of Professional Journalists' A-Z list of covered documents is a great place to start if you aren’t sure if the record you want is covered by FOIA.
Electronic Records
The increasing availability of electronic versions of government records is one of the most important developments in public access to government information. “E-records,” as these records are sometimes called, generally are simpler and quicker to obtain, easier to analyze, and otherwise better suited to citizen use. With the invention of online reading rooms and FOIA sections of agency websites, many records take no more effort to access than personal e-mail. Information from e-records can be organized into databases, searched, and plugged into tables and charts, making it possible to perform in-depth analysis in much less time—which opens up new possibilities for public use of government information.
Besides quicker access and (possibly) cheaper reproduction costs, electronic records have several advantages over their paper-based counterparts. E-records can be compiled into databases for easy searching and comparison. They are easier to sort through quickly, possibly making it easier to find patterns and discrepancies. This can make the information-gathering process significantly simpler and more efficient, which is a great help to those who don’t have the time and resources to mount in-depth investigations. For more information on ways to use electronic records, the Poynter Institute has an online bibliography of computer-assisted reporting (CAR) primers and other sources of information.
Electronic records are becoming more and more prevalent as the government continues to expand its use of technology. Because of this, any record you seek could be available in electronic format. Whether you’re talking directly to a records-keeper or filing an official FOIA request, you should consider asking for electronic copies of the records you are requesting. Depending on the agency, you may be able to specify whether you receive e-records by e-mail attachment, CD, or other medium. Some states, for instance, allow the requester to receive records in the format of their choice. An agency must make requested records available in electronic format at the request of a person if the record is readily reproducible by the agency in electronic format (§ 552(a)(3)(B)).
Congress extended the Freedom of Information Act to electronic records by enacting the Government Printing Office Electronic Information Enhancement Act of 1993 ("Electronic Information Act") and the Electronic Freedom of Information Act Amendments of 1996 ("E-FOIA"). The Electronic Information Act requires government to maintain an online directory of Federal electronic information, including the Congressional Record, the official record of Congress’ proceedings and debates, as well as the Federal Register, which contains agencies’ regulations and policy statements. E-FOIA requires that government agencies:
While the records you've requested might be covered by FOIA, the information contained in the records may relate to certain subject areas that are exempt from disclosure under FOIA. FOIA contains nine exemptions that might impact your request:
It is beyond the scope of this guide to describe each exemption in exhaustive detail. Suffice it to say, most FOIA disputes involve disagreements over the scope and application of these exemptions. For more information on each exemption, see the Reporters Committee for Freedom of the Press's excellent booklet on How to Use the Federal FOI Act.
Other than exemption number 3 -- which relates to information exempt under other federal law -- these exemptions are permissive, not mandatory. This means that FOIA allows an agency to refuse to disclose otherwise covered records, or to redact portions of documents, but it does not compel the agency to do so. For more on the discretionary nature of these exemptions, see the U.S. Department of Justice's FOIA Guide.
An agency must state which exemption it is relying on when it withholds documents or redacts information. In addition, agencies are required to disclosure all non-exempt information, even if it is contained in a record that contains other information that is exempt from disclosure. In other words, if an exemption only applies to a portion of a record, the agency must release the remainder of the document after the exempt material has been redacted.
If you believe an agency has improperly used one of these exemptions to deny your request, see the section of this guide on What Are Your Remedies Under FOIA which describes the courses of action you can take to enforce your rights under FOIA.
Before making a FOIA request, you should first try to obtain information by quicker, less formal means. You can access many records without going throught the formal FOIA request process. The easiest way to access some records is via the Internet, through the Federal Register or agencies’ online reading rooms.
FOIA requires agencies to publish the following information in the Federal Register:
Reading rooms are typically accessible from the agency’s website. For more information on reading rooms, refer to the legal guide’s section on Finding and Getting the Records You Seek. Agencies also maintain physical reading rooms, which could be useful if you are able to visit their offices.
If the information is not available online, you can try simply asking for it. Agencies are required to make the following records available for public inspection and copying without a formal FOIA request:
Explain what records you’re seeking and that you’re prepared to file an official request if necessary. A record-keeper familiar with FOIA might honor a request made in-person or via telephone, saving both you and the agency time and (possibly) money. If that doesn’t work, you can try speaking to the agency’s FOIA officer.
If you cannot access the records through these informal means, you then will need to file a formal FOIA request. Click on one of the links below to get started:
Written requests are the only way to legally assert your FOIA rights. These should be mailed, faxed, e-mailed, or hand-delivered to the relevant agency’s offices, depending on which methods the agency allows. A quick online search of the "agency's name" and "FOIA" should provide you with specific information about how the particular agency accepts FOIA requests. If you can't find the information through an online search, check the Federal Register, which should include this information.
A FOIA request should be addressed to the agency's FOIA officer or the head of the agency. It must include:
In addition to the required elements listed above, you might want to include some of the following additional information in your request:
The Reporters Committee for Freedom of the Press and the The U.S. Department of State both offer forms that will automatically generate a FOIA request for you. These can be an excellent way to get started.
Where to Send Your Request
Your FOIA request should be addressed to the relevant agency's FOIA officer or the head of the agency. The U.S. Department of Justice has a fairly comprehensive list of FOIA contacts at federal agencies. If the agency you want isn't listed there, you can usually find the information easily by conducting a quick web search; just type in "agency's name" and "FOIA contact."
If you are unsure of which agency to send your request to, the US Government Manual may be of assistance. You will likely receive a faster response if you make your request in accordance with the agency's own FOIA regulations (these can be viewed in the Code of Federal Regulations), but the above minimum requirements are sufficient to make a valid FOIA request.
Technically, government organizations must respond to a FOIA request with a denial or grant of access within 20 business days. Note that the agency must only respond within 20 days; it does not have to deliver the records within the 20-day time period. The time period does not begin until the proper agency or office actually receives your request. Furthermore, under the new 2007 FOIA amendments, the agency may exceed the 20-day time limit if it needs to request more information from you in order to process your request.
Agencies may extend this time limit by up to 10 additional working days (they must informing you they are doing so) if one of the following "exceptional circumstances" exists: the record-keeper must search an extraordinary amount of records; the search involves records from multiple offices; or the search involves records from multiple organizations. See the FOIA Guide's section on time limits for a more detailed explanation. If your request cannot be fulfilled within these time periods, the agency may ask you to reasonably modify your request or allow for an alternative time frame.
Realistically, many agencies do not comply with these time limits. Some agencies may have a large backlog of requests, and they are usually permitted to treat requests on a "first come, first served" basis as long as they devote a reasonable amount of staff to responding to the requests. These agencies generally have a processing system that allows simpler requests to be handled quickly so that these requests do not have to "wait in line" behind more complex requests.
However, as of December 1, 2008, FOIA will be amended to require that agencies waive all search and duplication fees if they fail to comply with time limits and none of the "exceptional circumstances" listed above exist. It is yet to be seen if this will speed up agencies' response times.
Expedited processing
FOIA provides for requests to receive “expedited review” if the request meets certain requirements. Generally speaking, you will be entitled to expedited treatment if health and safety are at issue or if there is an urgent public interest in the government activity at issue.
If you think there is a compelling reason why you need the information sooner than the normal period under FOIA, you should clearly explain your reasons in your initial FOIA request. Agencies must decide whether or not to grant expedited processing within 10 calendar days of the request. Aside from these specific circumstances listed above, agencies may use their discretion in deciding whether or not to grant expedited review. So, it doesn’t hurt to ask even if you don’t meet the requirements.
You should also check the individual agency's requirements to see if they allow other types of requests to receive expedited treatment. The Department of Justice, for instance, offers expedited review “for requests concerning issues of government integrity that have already become the object of widespread national media interest” or “if delay might cause the loss of substantial due process rights,” (see the DOJ reference guide section on expedited processing).
Checking the Status of Your Request
Under the 2007 FOIA amendments, the agency must provide you with a tracking number if your request will take longer than 10 days to process. Then, if you haven't heard back from an agency or are unsure about the status of your request, you can use the tracking number to find out more information. Each agency is required to have at least one "FOIA Requester Service Center" that can give information about the status of pending FOIA requests. The agency must tell you the date that it received your request and must give an estimated date that it will complete your request. The centers can generally be contacted by mail, e-mail, or telephone.
If the deadlines have passed and you haven't been able to get any information from the agency about the status of your request, you should review this guide's section entitled What Are Your Remedies Under FOIA to see what your options are.
Federal agencies are allowed to charge “reasonable” costs for responding to your FOIA request. This typically includes fees for the time the record-keeper spends searching for the correct documents as well as the cost of duplicating those documents. See 5 U.S.C. 552(a)(4)(A).
FOIA breaks down requesters into three categories for determining fees:
Note that this means that small requests should always be free as long as the information is not intended for commercial purposes. Also, you should always be as specific as possible when describing the documents in your initial FOIA request. This will reduce the amount of time that the record-keeper must spend searching for the documents, which will potentially save you money.
Non-traditional journalists generally will fall into the last category -- and thus may be on the hook for search fees -- even if they intend to publish the information in blogs, websites, or other media. If you are not associated with professional media, you can always request that you should be considered under the second category because of your intent to publish. The New FOIA Reform Act, which goes into effect in December 2008, seems to broaden the scope of the "professional media" category. Under the new amendment, a person can be considered part of the news media if he or she gathers information that is of public interest, creates a distinct work, and distributes that work to an audience. However, the Reform Act cautions that this is not an all-inclusive category, so it remains to be seen if bloggers and other citizen journalists will be able to benefit from fee waivers generally only reserved for "professional" media. We've been following this issue in our blog, and you can read more about the new definition here.
The Reporters Committee for Freedom of the Press's FOIA Guide breaks down some of the actual fees you can expect to pay:
Search fees generally range from $11 to $28 per hour, based on the salary and benefits of the employee doing the search. Fees for computer time, which are described in each agency’s FOI regulations, vary greatly. They may be as high as $270 per hour. Photocopying costs are normally between 3 and 25 cents per page.
If you think your request could involve a significant amount of search time or copying, make sure your FOIA request includes a limit on the fees you’re willing to pay. You may also want to ask in advance for an estimate of what the expected fees may be.
Here are some additional things to keep in mind when dealing with fee issues:
Fee waivers and fee reductions
Under the Freedom of Information Reform Act of 1986, your FOIA requests could be eligible for total or partial waiver of fees if you can show that the disclosure of the information is in the public interest—even if you aren’t a professional journalist. This requires that you specifically request a waiver or reduction of fees and explain why you think the public has an interest in understanding the information. See the DOJ's FOIA Guide for more information about the "public interest" fee waiver. You also must explain any financial interest you have in the information, though a financial stake in publishing the information -- such as if you are paid to blog -- should not pose a problem.
Agencies consider fee waiver requests on a case-by-case basis. You can appeal fee or waiver decisions in the same way you appeal request denials. See the section on What Are Your Remedies Under FOIA in this guide for more information.
You have several options if your FOIA request is denied in whole or in part. First, you can attempt to resolve informally any disputes you have with the responding agency. If informal resolution fails, you should appeal the denial within the relevant agency before taking any other action. If your appeal is unsuccessful and the agency withheld the information because it is classified, you can apply to have the information declassified. If these options have failed to resolve the dispute, you can seek mediation through the newly authorized FOIA ombudsman or file a lawsuit in court to enforce your rights under FOIA.
Each of these options is described briefly in this section.
Informal Resolution
The simplest -- and often most effective -- remedy is to seek informal resolution of the dispute. Delays are frequently due to the overworked nature of most FOIA officers. Your offer to "revise" or "narrow" the scope of your request can go a long way toward getting faster, and better, treatment of your request. If you revise your request, be sure to make clear that you willingness to compromise is not considered a "new" request by the agency (a new request will start the FOIA clock running again). If the agency tells you that the records don't exist, ask them to describe their search methodology. Perhaps they aren't looking for the right things or in the right places. It might also help if you offer to resolve fee or fee waiver issues by paying a small amount.
While you engage in informal resolution be sure and keep records of all of your contacts with the agency. Track all time and response deadlines carefully.
Appealing within the Relevant Agency
If the agency denies your request or does not respond within the required time period, you can appeal to the agency's FOIA Appeals Officer. If the agency sent you a denial letter, it should set out the agency's appeal procedures. Take special note of the time limitation for appeals, which are usually around thirty days. If you haven't received any response from the agency (an excessive delay in complying with a request constitutes a denial under FOIA) you should send your appeal to the head of the agency.
Appeal letters can be used to challenge the agency's failure to respond in a timely fashion, a decision not to release records in whole or in part, the adequacy of the search used to locate responsive records, and the agency's refusal to grant you a fee waiver.
In your FOIA appeal letter you should:
Sample appeal letters can be found on the Reporters Committee for Freedom of the Press' website and at the National Security Archive.
Make sure you are familiar with the exemptions to FOIA so you can argue that the records you are seeking are not or should not be exempted. See the section on FOIA Exemptions in this guide for more information.
If the agency denies your appeal or does not respond within 20 days, you may file a lawsuit in federal court (see below).
Declassification
If the agency denied your request because the information is classified (i.e. the agency relied on the national security exemption), you can make a separate request for mandatory declassification review of the information. You can learn more about declassification review procedure by going to the Reporters Committee for Freedom of the Press' FOIA Guide.
Mediation
Currently there is no mediation available for FOIA disputes. However, the Open Government Act of 2007, which amends FOIA, provides for the establishment of a new FOIA ombudsman, the Office of Government Information Services, to mediate such disputes. There is some uncertainty about whether the Office will be an organ of the more independent National Archives and Records Administration or the Department of Justice (which defends lawsuits against agencies that refuse to furnish requested documents) (see this Washington Post article and Senator Leahy's Senate address on the issue).
Once the situation is clarified, we will update this section with the procedures for instituting FOIA mediation.
Filing a Lawsuit
If your request is denied, and your internal appeal does not reverse this decision, you may sue the agency in the United State District Court in your state of residence, in the state where the records are located, or in the District of Columbia. It is generally recommended that you retain an attorney to bring such a suit. If your lawsuit is "substantially successful", the agency will be ordered to pay your attorney's fees. See the section in this guide on Finding Legal Help for help with hiring lawyer or getting other assistance.
However, you have the right to appear on your own behalf in court by filing a complaint pro se. If you decide to do this, you will find the Reporters Committee for Freedom of the Press' sample complaint for a FOI records denial and Public Citizen Litigation Group's Sample FOIA Litigation Documents very useful.
Obtaining records through legal action can be a costly and drawn-out process. Some lawsuits over FOIA denials can last more than a year. If you assert that there is a public interest in your timely access to the records, the court could speed up your case through “expeditious consideration.”
Lastly, keep in mind that if you file a lawsuit, you must do so within six years from the date of your initial FOIA request, even if you receive no response or an incomplete response from the agency.
You can access a vast number of state government records by using your state's freedom of information law. All fifty states and the District of Columbia have freedom of information laws granting public access to state government records, most of which are based at least in part on the federal FOIA. However, the laws can vary widely from who can make the requests, to which government body is required to provide access to its records, to the formalities a request must meet.
Choose your state from the list below for state-specific information on accessing each state's public records. (Note: This guide currently covers only the 15 most populous states and the District of Columbia. We hope to add additional states to the guide at a later date.)
Note: This page covers information specific to Arizona. For general information concerning access to government records see the Access to Government Records section of this guide.
Anyone can inspect or copy all records maintained by any Arizona public body during office hours, pursuant to Arizona law, §§ 39-101-39.161. Generally you don't have to give an explanation, unless the records are to be used for commercial purposes. If so, you will have to state that use and the Governor can, by executive order, prohibit their release.
If the records are released for a commercial purpose, then you may also be charged a portion of the cost for getting the copies, a fee for time, materials and personnel, and commercial market value of the reproduction, pursuant to 39-121.03.
If you have a commerical purpose and don't say so, you may have to pay damages up to three times the amount that would normally be charged, plus costs and attorney fees. So, if you have a commerical purpose for the records, make sure you say it when requesting the records!
What Government Bodies Are Covered
You should be able to request records from any any subdivision of the state, county, municipality, school district, or any committee or subdivision supported by or spending state money. Any person elected or appointed to any public body is subject to the open records law. Any records they maintain on their offical activities or any activities supported either by state money or a state political subdivision are considered public, under § 39-121.01.
What Types of Records Can Be Requested?
If records aren't available online and you aren't able to go to the office, you can request the records to be mailed to you. However, the record custodian may request advance payment for copying and postage, so be ready to pay up front.
As of 2010, you can now request budgets of charter schools, actions of the State Board of Dental Examiners, and records of any abortions and/or abortion complications performed at any medical facility in the state. You can also access any contract that involves state funds online.
Any expense reports by political parties concerning campaign expenses are now public.
Exemptions
Any agency that denies your request must furnish an index of records that have been withheld and the reason for each — but only if you ask for it. The department of public safety, the department of transportation motor vehicle division, the department of juvenile corrections and the state department of corrections are exempt from this requirement.
Certain records relating to "eligible persons" (peace officers, justices, judges, public defenders, prosecutors, probation officers, law enforcement, national guardsmen, and anyone protected by court order) are exempt from disclosure pursuant to § 39-123. You have no right of access to any of the following records, if it relates to an eligible person:
Any law enforcement agent who improperly discloses this information is guilty of a felony, so be wary if any officer gives you this information.
The law also exempts all archaeological discoveries and risk assessments of any energy, water or telecommunications infrastructures.
As of 2010, you no longer can access the names of any indivduals/firms who are applying for government contracts until the contract is complete. Also, all working papers and audits are exempted.
The Arizona Court of Appeals has indicated that trade secrets contained in public records may be protected by the confidentiality exemption to Arizona's public records laws. Phoenix Newspapers, Inc. v. Keegan, 35 P.3d 105, 112 (Ariz. Ct. App. 2001).
Making the request
The law doesn't require any specific way of requesting records, so long as you request them during normal office hours. If the custodian doesn't respond to you promptly or give you an index when you ask for one, the law deems your request "denied" and you may pursue other remedies.Payment
The custodian of the records may charge you for access, but the law doesn't specify any amount. The exception is records listed in §§ 39-122 through 39-127, related to records used in claims against the United States. If you are requesting records for that purpose, the custodian can't charge you.
Note: This page covers information specific to California. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect a vast number of California's public records using the state's California Public Records Act (CPRA). See the text of the CPRA in sections 6250 and 6253 of the California Government Code (Cal. Gov't Code), which states that any individual, corporation, partnership, limited liability company, firm or association, both in and out of California, can inspect California public records.
You are not required to explain why you are making a request. However, if you request the disclosure of the address of any individual who has been arrested, or the current address of the victim of a crime, you must state whether the request is made for a journalistic, scholarly, political or governmental purpose, and declare that the information will not be used to sell a product or service. Cal. Gov't Code § 6254(f)(3).
What Government Bodies Are Covered
You can inspect the public records of California state offices, officers, departments, divisions, bureaus, boards and commissions, and other state bodies and agencies. You can also inspect the public records of local agencies, including counties, cities, schools districts, municipal corporations, districts, political subdivisions, local public agencies, and nonprofit entities that are legislative bodies of a local agency. However, you will not be able to access the records from the California state legislature or its committees, nor to the state courts under the CPRA. See Access to Government Meetings and Access to Court Records for more information.
What Types of Records Can Be Requested
You can inspect all "public records" of the government bodies subject to the CPRA. The term "public records" is broadly defined to include information relating to the conduct of the public's business that is prepared, owned, used, or retained by any state or local agency regardless of what medium it is stored in. See Cal. Gov't Code § 6252(e).
Note that public records do not extend to personal information
of public officers which are unrelated to the conduct of public
business (for example, a phone message taken by a public officer from a
colleague's wife about picking up the children), or computer software
developed by the government.
Exemptions
An agency may refuse to provide a record if, in a particular case, "the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record." [Cal. Gov't Code § 6255]. For more information, visit California First Amendment Coalition's FAQs on the general public interest exemption.
In addition to this general exemption, an agency is entitled (but not required) to refuse disclosure if one or more of the following narrowly construed statutory exemptions applies. The Act sets out a long list of specific exemptions (Cal. Gov't Code § 6254), including:
Making the request
You do not need to make a written request to receive the public documents you want to inspect. If you have a routine request, start by making an informal request for the records over the telephone before invoking the law. If the agency information officer you speak with cannot grant your request over the telephone, he should be able to provide you with the necessary steps for making a formal request.
Although you are not required to do so, setting your request out in a letter may help you to get the public records you want. The letter should be addressed to the public records officer of the agency, and should include the following information, as appropriate:
You can request either to view the records or to have copies made. Viewing records at the agency's office will probably be quicker, and might give you the opportunity to narrow down the list of documents you want copies of, and also reduces your copying expenses.
Fulfilling the Request
Agencies are required to provide prompt access to records. Once you make your request to inspect records, you should get immediate access to those records during the hours set by the agency for inspection of records. If you request copies, the agency must decide within ten days whether copies will be provided, except in unusual circumstances, where it may grant itself an extension of fourteen days. "Unusual circumstances" means an agency needs to:
Payment
A government agency can only charge you the "direct cost" of duplicating records unless it is authorized by statute to charge a reasonable flat fee. In the case of documents, "direct cost" means the cost of photocopying (approximately 10 to 25 cents per page). In the case electronic data, "direct cost" can mean the cost of producing a copy of the record in electronic format (the cost of the disk, as well as the cost of constructing the record, programming and computer services if this is required).
A statutory fee may be higher than the direct cost of duplicating a record, but cannot exceed what is reasonably necessary to provide the copy. In either case, staff time spent searching for and reviewing records cannot be recovered. Although there is no fee waiver in the CPRA, agencies have the discretion to waive or reduce fees.
You have several options open to you should your request be denied. First, try to work with the information officer you are dealing with. If the agency is relying on an exemption, ask the information officer if he will waive the exemption because exemptions are permissive, not mandatory. If that fails, you can also ask the information officer to release the nonexempt portions of the record with the exempt portions removed or redacted.
If you feel frustrated by your conversations with the information officer, you ask to speak to someone more senior within the agency and explain your case.
Look to see whether the agency has any process in place to appeal the denial. Some agencies have created a formal process for administrative appeal and some municipal agencies have adopted sunshine ordinances providing for administrative review of denials. If this option is available, pursue it before starting any court action.
If administrative appeals are not available, or if your request is denied after administrative review, you are entitled to seek court review of the denial (Cal. Gov't Code §§ 5258-5260). Refer to California First Amendment Project's Q&A on using legal action to enforce disclosure. Additionally, refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the agency.
Note: This page covers information specific to Florida. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect a vast number of Florida’s public records using the state's Public Records Act. See chapter 119, section 1 of the Florida Statutes (Fla. Stat.), which states that “all state, county, and municipal records are open for personal inspection and copying by any person.”
What Government Bodies Are Covered
You are entitled to view the records of all state, county, or municipal units of government, as well as any other public or private entity acting on behalf of one of these agencies. See Fla. Stat. § 119.01. See Access to Government Meetings in Florida and Access to Florida Court Records for more information on how to access records from those government entities.
What Types of Records Can Be Requested
You are entitled to inspect and copy "public records," including all documents, maps, tapes, photographs, films, sound recordings, data processing software, or other material, made or received pursuant to law or in connection with the official business of any agency. Fla. Stat. § 119.011(11).
What Exemptions Might Apply
Unlike other states, where in most cases there are a limited number of exemptions, Florida has hundreds of general and agency-specific exemptions pursuant to which an agency can refuse to provide access to records. The Florida Public Records Act lists the following:
A summary of these can be found on the Florida First Amendment Foundation's website, and the Reporters Committee for the Freedom of the Press provides a discussion of the exemptions as well. The Office of the Attorney General's Sunshine Manual also contains helpful summaries of what exemptions apply to law enforcement records, birth and death records, hospital and medical records, education records, and abuse records.
You can make a request over the telephone or in writing. While a telephone request may be a quicker way of submitting a routine request, a written request may be preferable if your request is detailed or complicated, or if you anticipate that the agency might deny your request. Having a written record of your request will aid an appeal, should you later decide to make one.
Your request should be addressed to the ‘’’custodian of public records’’’ (the government officer who controls or has access to public records) at the agency which has custody of the records you want to obtain. If you are unsure of which agency to contact, the alphabetical list of records and the agencies that keep them in the Florida Public Records Guide might be useful. The records you're looking for might even be available through a free online search (see Florida Public Records Directory).
There is no prescribed form for the letter, but your letter should contain the following elements, as appropriate:
Alternatively, you might find the Florida First Amendment Foundation's sample request letter a useful guide for writing your own letter.
The Florida Public Records Act does not compel agencies to respond to requests within a specific time limit, but the courts have held that an agency is required to respond within a "reasonable" time to locate the records and redact exempt portions. Fla. Stat. § 119.07(1)(a), (c).
An agency can charge you either a set fee prescribed by law, or if no fee is prescribed, no more than 15 cents per page or 20 cents per double-sided page. If you request a certified copy of a public record, then the agency is likely to charge up to $1 per page. If you make a request of a nature and volume that requires the agency to make extensive use of information technology and/or staff time, the agency is entitled to charge a reasonable service charge which reflects the actual cost incurred. Fla. Stat. § 119.07(4).
Note that the law only applies to existing documents. The law does not require a custodian of public records to create a record in response to your request (but she may do so at her discretion).
If an agency denies your request, or takes an unreasonably long time to respond, make sure that you have the denial in writing. If the agency has not cited the specific statutory provision under which it claims that the document is exempt, insist that it does so.
You have three options for seeking to have a denial reviewed:
Additionally, the Florida First Amendment Foundation invites members of the public to contact it when facing this decision.
If you wish to file a lawsuit to enforce compliance with your request, refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the agency. If you are successful in court, the court will issue an injunction requiring the agency to disclose the records. Additionally, if the court finds that the agency's refusal was unlawful, it is empowered to require the agency to pay your attorney's fees. See Fla. Stat. § 119.12.
Note: This page covers information specific to Georgia. For general information concerning access to government records see the Access to Government Records section of this guide.
If you are a resident of Georgia, you have a statutory right to inspect a vast number of Georgia's public records using the state's Open Records Act (OPA). See Title 50, Chapter 18, Article 4, section 70(b) of the Georgia Annotated Code (Ga. Code Ann.). The Georgia Attorney General has issued an opinion that non-residents should also be given access, so it is worth making a request even if you are a not a citizen. See 1993 Op. Att'y Gen. No. 93-27.
What Government Bodies Are Covered
You can inspect the public records of all state departments, agencies, boards, bureaus, commissions and authorities, as well as county and municipal government entities and regional authorities. The OPA also covers private entities performing a service for a public agency, as well as nonprofit organizations that receive more than one-third of their funding from tax funds. Ga. Code Ann. § 50-18-70, Ga. Code Ann. § 50-14-1. See Access to Government Meetings in Georgia and Georgia State Court Records for more information on how to access records from those entities.
What Types of Records Can Be Requested
You have the right to inspect all public records of the government bodies subject to the OPA. The term "public records" is broadly defined to include all all written documents, maps, books, tapes, photographs, and electronic information, prepared and maintained or received in the course of the operation of a government body. Ga. Code Ann. § 50-18-70(a).
Exemptions
A government body may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
Trade secrets, certain research projects, some testing materials, firearms licensing information, or information covered under the attorney-client privilege or material that is attorney work product are also exempt. See Ga. Code Ann. § 50-18-72.
Consult the Reporters Committee for Freedom of the Press's Open Government Guide: Georgia for more information on these exemptions.
If your request is straightforward, you may find it quickest and easiest to make an informal request over the telephone. If the public records officer is unable to fulfill your request over your phone, or if your request is complicated or potentially controversial, you should put your request in a letter.
There is no prescribed form or content for a public records request letter, but your letter should be addressed the public records officer of the agency and should contain the following information, as appropriate:
Alternatively, use Student Press Law Center's State Open Records Law Request Letter Generator to produce a request letter that complies with Georgia law. Additionally, the Georgia Press Association's Abbreviated Guide to Georgia's Open Meetings and Open Records Laws provides commentary on how to request records and also sets out a sample letter to use as a guide.
An agency must grant or deny your request within three working days. If the agency requires time to arrange the records for inspection, they must respond within that period with a description of the documents and a timetable for inspection and copying. Ga. Code Ann. § 50-18-70(f).
If your request is routine, like requesting to view a zoning map, you should not be charged a search. However, if your request involves unusual cost or burden to the agency, it is entitled to charge a reasonable fee for the search, retrieval and other direct administrative costs incurred complying with your request. Agencies can charge up to 25 cents per page for duplication (unless a higher charge is specifically authorized by other legislation), or the cost of any disks or other electronic media used to transfer the information to you. Ga. Code Ann. § 50-18-71.
If your request is denied, make sure the agency has put the denial in writing, setting out the legal basis upon which they claim the denial is justified. From here, you have several options:
If you wish to file a lawsuit to enforce compliance with your request, refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the agency.
Note: This page covers information specific to Illinois. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect a vast number of the Illinois' public records using the state's Freedom of Information Act (IL FOIA). See chapter 5, act 140 of the Illinois Compiled Statutes (Ill. Comp. Stat.). Additionally, you are not required to disclose your reasons for requesting the information.
What Government Bodies Are Covered
You are entitled to inspect and copy records of "public bodies", including legislative, executive, administrative, or advisory bodies of the State, State universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees, or commissions of this State. See 5 Ill. Comp. Stat. 140/2. Note that Access to Government Meetings in Illinois and Illinois State Court Records has more information on how to access records from those government entities.
What Types of Records Can Be Requested
You can inspect all "public records" of the government bodies subject to the IL FOIA. The term "public records" is broadly defined to include all documents, books, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, recorded information prepared, used, received, possessed or under the control of any public body, regardless of whether medium or format. See 5 Ill. Comp. Stat. 140/2(c).
Exemptions
A public body may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
A public body must provide any segregable non-exempt portions of otherwise exempt records. Consult the Reporters Committee for Freedom of the Press' Open Government Guide: Illinois, to better understand the exemptions for the IL FOIA.
Under the IL FOIA, you are entitled to make a request in person or in writing, but the Illinois Attorney General recommends making requests in writing, because time limits and appeal processes are only activated upon the submission of a written request.
The Act does not stipulate what a written request must require, but the letter should be addressed to the freedom of information officer of the relevant agency and contain, as appropriate:
You may also find the Illinois Attorney General's sample FOIA request letter helpful in shaping your letter.
If your request is denied, make sure the agency has put the denial in writing, setting out the legal basis upon which they claim the denial is justified. From here, you have several options:
If you wish to file a lawsuit to enforce compliance with your request, refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the agency.
Note: This page covers information specific to Indiana. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect a vast number of Indiana’s public records using the state's Access to Public Records Act (APRA). See title 4, article 14, section 3 of the Indiana Code, (Ind. Code). You do not have to tell the records-keeper why you are seeking the information, as you cannot be denied a request because of your reasons for wanting the information.
What Government Bodies Are Covered
You are entitled to inspect and copy records of "public agencies" under the APRA. The term "public agency" is defined broadly and includes townships, cities, schools, law enforcement agencies, and any boards, commissions, agencies, or offices that exercises administrative, judicial, or legislative power. The act also includes any entity that uses public funds or is subject to audit review by the state board of accounts. Because the list is so expansive, chances are good that most state entities fall within the act. For a full list of all entities that are covered, see Ind. Code § 5-14-3-2(l). Note that Access to Government Meetings in Indiana and Indiana State Court Records have more information on how to access records from those government entities.
What Types of Records Can Be Requested
You can inspect all "public records" of Indiana’s public agencies. The term "public record" refers to any writing, paper, report, study, map, photograph, book, card, tape recording, or other material that is created, received, retained, maintained, or filed by or with a public agency. See Ind. Code § 5-14-3-2(m). Because the definition of "public record" is so broad, you should have access to nearly any document or recording that a public agency has in its possession, unless the records fall under an exemption.
Exemptions
A public agency will refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
A public agency has the discretion to refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
For more information about the exemptions as they appear in the statute, refer to Ind. Code §§ 5-14-3-4(a)(1)-(11) and Ind. Code §§ 5-14-3-4(b)(1)-(20). Additionally, consult the Reporters Committee for Freedom of the Press’ Open Government Guide: Indiana to better understand the exemptions under the Indiana APRA.
You can generally request the record via telephone, mail, or in person at the public agency's office. Be sure to describe the record as specifically as possible so the record-keeper can identify the particular record that you are seeking. Some agencies may require that all requests be written, and some public agencies have specific request forms that you may have to fill out. If you don't know which public agency to contact, the Office of the Public Access Counselor suggests that you contact your local library or the State Information Center for help.
The public agency must respond to your request within 24 hours if you made the request in person or via telephone. If you mailed or faxed your request, the agency must respond within seven calendar days. The agency's response may simply acknowledge your request or may inform you how and when it intends to produce the records. However, the APRA does not specify a timeframe in which the agency must produce the records once it has received your request. Public agencies must only produce the records in a reasonable period of time.
Once the public agency produces the records, you may either inspect them or have them copied. Agencies cannot charge you if you only want to inspect the records, but they may charge copying fees. State agencies may charge up to $.10 per page, and all other agencies may only charge the actual costs of copying. Agencies cannot charge fees for labor, overhead costs, searching, or review. Note that the law only applies to existing documents. The law does not require a records-keeper to create a record in response to your request.
If your request is denied, the agency must give you its legal basis for the denial. If you disagree with this response, you should contact the Office of the Public Access Counselor. You can contact the Office informally, or you can file a formal complaint. The Public Access Counselor will provide written advisory opinions in response to formal complaints.
If your request is still denied, you may ultimately file a civil lawsuit in the circuit or superior court of the county in which the denial was made. In such a lawsuit, the agency has the burden of proof, meaning that the agency must prove that it properly denied access to the record. Refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the public agency.
Note: This page covers information specific to Massachusetts. For general information concerning access to government records see the Access to Government Records section of this guide.
For additional information about engaging in journalism in the Commonwealth of Massachusetts, please see our printable PDF guide Newsgathering in Massachusetts, co-produced with the Harvard Law School Cyberlaw Clinic.
You have a statutory right to inspect a vast number of the Commonwealth's public records using the state's Public Records law. See Chapter 66, section 10(a) of the Massachusetts General Laws, ("Mass. Gen. Laws") which states that "anyone" can make a request for state public records in Massachusetts.
You are not required to explain to a records custodian (the government officer who controls or has access to public records) why you are making a request. 950 CMR 32.05(5). However, if you request records involving building and infrastructure plans, vulnerability assessments, security measures, or other such requests that may raise terrorism-related concerns, a records custodian may ask you to provide the purpose for your request. Although you are not required to answer, you may wish do to so as the records custodian is charged with using all the information available to reach a reasonable judgment on whether the disclosure will jeopardize public safety, and thus whether to grant your request. Mass. Gen. Laws, ch. 4, § 7(26)(n).
What Government Bodies Are Covered
You can inspect the public records of any Commonwealth agency, executive office, department, board, commission, bureau, division or authority, or of any of their political subdivisions. You can also inspect the public records of any authority established by the general court to serve a public purpose. However, the Public Records Law does not apply to the Massachusetts state legislature or its committees, nor to the state courts. See Access to Government Meetings in Massachusetts and Massachusetts State Court Records for more information.
What Types of Records Can Be Requested
You can inspect all "public records" of the government bodies subject to the Public Records Law. The term "public records" is broadly defined to include all documents, including those in electronic form, generated or received by any government body. See Mass. Gen. Laws ch. 4, § 7(26).
Exemptions
A records custodian may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
Consult the Reporters Committee for Freedom of the Press's Open Government Guide: Massachusetts, and the Massachusetts Secretary of the Commonwealth's A Guide to Massachusetts Public Records Law for more information on these exemptions.
You may make either an oral or a written request to the records custodian for the government body whose public records you wish to inspect. (If you do not know who the records custodian is, call the government body and ask for the records custodian's contact information.)
The records custodian has ten days to refuse or comply with your request. Mass. Gen. Law, ch. 66, § 10(b). If you want a copy of the documents, you may need to pay a fee. The fee must be reasonable and may cover the time the records custodian spends searching, redacting, copying, and refiling a record. In some cases, a records custodian has the discretion to waive fees if disclosure is in the public interest. Note that the law only applies to existing documents. The law does not require a records custodian to create a record in response to your request (but he may do so at his discretion).
You have several options open to you should the records custodian deny your request. First, try to work with the records custodian. If the agency is relying on an exemption, ask the records custodian to release the nonexempt portions of the record with the exempt portions removed or redacted.
You may also petition the supervisor of public records. You will need to send a letter to the supervisor within 90 days of your original request (NOT from the date your request was denied) stating the reasons for your appeal. The letter must be accompanied by your original request and the written response, if any, you received from the custodian of the record. If the supervisor finds that the records are public, the supervisor can force the records custodian to comply. If, on the other hand, the supervisor of records issues a denial, you are entitled to seek court review of the denial. You can file a lawsuit with the Massachusetts supreme judicial and superior courts to enforce compliance with your request. Mass. Gen. Laws ch. 66, § 10(b). Refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the government entity.
You may want to familiarize yourself with the Public Records law and browse through chapter 66 and chapter 4, section 7, clause 26 of the Massachusetts General Laws for more information. Additionally, to better understand the intricacies of the law, refer to the Massachusetts Secretary of the Commonwealth's terrific resource called A Guide to Massachusetts Public Records Law. If you are requesting information from police agencies, you may wish review this bulletin from the supervisor of public records, which addresses some of the more common reasons why Massachusetts police officials deny public records requests.
Note: This page covers information specific to Michigan. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect Michigan's public records using the state's Freedom of Information Act ("FOIA"), unless you are "incarcerated in state or local correctional facilities." See Section 15.231 of Michigan Compiled Laws ("Mich. Comp. Laws").
What Government Bodies Are Covered
You can inspect the public records of any Michigan agency, department, division, bureau, board, commission, or council in the executive and legislative branches of the state government. You can also inspect the records of bodies created by or funded primarily by state or local authorities. However, the Freedom of Information Act does not apply to the Michigan state legislature or its committees, nor to the state courts. Mich. Comp. Laws § 15.232. Refer to Access to Government Meetings in Michigan and Michigan State Court Records for more information on how to access records from the state legislature and the state courts.
What Types of Records Can Be Requested
You can inspect all "public records" of the government bodies subject to the Michigan FOIA. The term "public record" refers to any "writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function, from the time it is created," including computerized data, but not including software. Mich. Comp. Laws § 15.232.
Exemptions
A FOIA coordinator (the government officer who controls or has access to public records for a public body) may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
For more information about the exemptions as they appear in the statute, refer to Mich. Comp. Laws § 15.243. Additionally, you should also consult the Reporters Committee for Freedom of the Press's Open Government Guide: Michigan, and the Office of the Michigan Attorney General's helpful summary to better understand the exemptions for the Michigan FOIA.
You must make a written request and fax, email, or mail it to a public body's FOIA coordinator. The Student Press Law Center has a unique letter generator that can help you create your request. Additionally, the Michigan Attorney General's Office has a helpful summary of how to request records (scroll down to the sections titled "Availability of Public Records" and "Fees for Public Records"). Note that you may request a specific record, and also subscribe to public records that are created, issued or disseminated on a regular basis. Mich. Comp. Laws § 15.233.
The FOIA coordinator has five days to refuse or comply with your request. Mich. Comp. Laws § 15.235. If you want a copy of the records, you may need to pay a fee. The fee is limited to the cost of complying with the request, and may cover the time the FOIA custodian spends searching, redacting, and copying a record. Mich. Comp. Laws § 15.234. Note that the law only applies to existing documents. The law does not require a FOIA custodian to create a record in response to your request.
You have several options open to you should the FOIA coordinator deny your request. First, try to work with the FOIA coordinator. If the public body is relying on an exemption, ask the FOIA coordinator to release the nonexempt portions of the record with the exempt portions removed or redacted.
You may also petition the head of the public body. If she finds that the records are public, the FOIA coordinator will be forced to comply with your request. If, on the other hand, the head of the public body issues a denial, you are entitled to seek court review of the denial. You have 180 days to file a lawsuit with the Michigan state court to enforce compliance with your request. See Mich. Comp. Laws § 15.240. If the court finds that the requested records are public, the court can not only compel the public body to comply with the request, but may also award attorneys' fees and costs, as well as damages, which may include punitive damages. See Mich. Comp. Laws § 15.240(6)-(7). Refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the government entity.
See also the Attorney General's Summary of the Michigan FOIA (scroll down to the "Denial of a Record," "Enforcement," and "Penalties for Violation of the Act" sections).
You may want to familiarize yourself with the Michigan Legislature's The Michigan Open Meetings Act and Freedom of Information Act.
Note: This page covers information specific to Missouri. For general information concerning access to government records see the Access to Government Records section of this guide.
Missouri combines its public records and public meetings laws into one statute. It defines public records very broadly and has no limitations on who can request records. You do not have to state a purpose to access records.What Government Bodies Are Covered
Any "public governmental body" is subject to the public records law. A public governmental body is defined under Mo. Rev. Stat. § 610.010.4(4) as any "legislative, administrative or governmental entity" that includes any agency, council, committee, any governing body of any public institution of higher education, departments or divisions of the state, any quasi-public body (meaning any person or business whose primary purpose is to contract with public bodies or perform a public function, such as tax abatement) and legislative/administrative bodies with the power to make rules or hear and decide cases.
What Types of Records Can Be Requested?
Public records, defined in Mo. Rev. Stat. § 610.010.6(6), include any written or electronic report, survey, memorandum or any other document retained by or prepared for a public body. Internal memoranda prepared for a public body with advice, opinions and recommendations are excluded unless they are retained by the body or presented at a public meeting.Exemptions
Reports of any ongoing investigation are closed. Arrest reports of people who are not charged within 30 days of arrest are also closed, however the disposition portion of the record may be open.
Police can redact any portion of a record that would pose a "clear and present danger" to a victim, witness, undercover officer or other person, would jeopardize an investigation, or would disclose the identity of a confidential informant.
The following records are also exempt under Mo. Rev. Stat. § 610.021:
Making the request
The public body must respond "as soon as possible" but no later than 3 days after receiving your request. If you're not granted immediate access, the public body must provide you a written statement explaining the delay. If you are denied access, they must give you a written statement explaining denial.Payment
The public body may not charge you more than ten cents per page for copies, if the copy is smaller than a 9 X 14 sheet of paper. In addition to this copying fee, under Mo. Rev. Stat. § 610.026 they can charge you the hourly rate of pay of clerical staff for the time they spend duplicating the records. If research time is needed, you may be charged for that.
If your request involves copies larger than 9 X 14 copies and/or involves tapes, disks, films, maps, graphs or digital records, you may also be charged for accessing these records, even if you don't make copies. The amount can't exceed the hourly rate of the staff. If the staff must copy disks, then you can be be charged the costs of disks.
The public body can request advance payment.
You may file suit if you believe that your request was improperly denied. If you can prove that a record was supposed to be open and you were denied access, then the public body must show that it was complying with the law or else you win your case.
If you can also show that the public body violated the open meetings law, the court must award you damages, up to $1,000. In calculating your award, the court must consider the size of the jurisdiction, the seriousness of the offense, and whether the body has previously violated the law. The court may give you costs and attorney fees. The statute doesn't define a "knowing" violation, but in Wright v. City of Salisbury, No. 2:07CV00056 AGF, 2010 WL2947709 (E.D.Mo. 2010), the federal district court in the Eastern District of Missouri, applying state law, held that a "knowing" violation referred to evidence that the public body knew that they were violating the law.
If you can show that the body purposely violated the law, the court must give you damages, up to $5,000, as well as court costs and attorney fees. In calculating your award, the court must consider the size of the jurisdiction, the seriousness of the offense, and whether the body has previously violated the law. Again, the statute doesn't define "purposely", but in Spradlin v. City of Fulton, 982 S.W.2d 255 (Mo. Ct. App. 1998), the Missouri Court of Appeals held that a purposeful violation is one that shows a conscious plan to violate the law.
You can also sue to open an otherwise lawfully closed law enforcement record. The court must weigh the public interest in opening the record with the harm to anyone involved in the incident in deciding whether to open it. You may have to bear the costs and attorney fees for both yourself and the law enforcement body if you do this, unless the court finds that the reason for withholding an investigative report was substantially unjustified in your specific circumstances.
The courts also have the power to enforce public records and public meetings provisions through injunctions under Mo. Rev. Stat. § 610.030.
If you sue a public body for a closed record violation, make sure you do within one year pursuant to Mo. Rev. Stat. § 610.027.5(5).
Note: This page covers information specific to Nevada. For general information concerning access to government records see the Access to Government Records section of this guide.
Under the Nevada Public Records Law, all public books and records of any government entity that have not been declared confidential must be made available to members of the public upon request. Nev. R. Stat. Ch. 239. The law does not put any limitations on who may make the request to inspect the public records, and any exception or exemption to the public records law must be construed narrowly. Nev. R. Stat. 239.001.
A "governmental entity" for the purposes of the Nevada Public Records Law includes an elected or appointed officer of Nevada or of a political subdivision of the state; an institution, board, commission, bureau, council, department, division, authority, or other unit of government of Nevada or a political subdivision of Nevada; a university foundation (a nonprofit corporation, association, or institution or a charitable organization that's purpose is fundraising in support of a university, state college, or community college, which was formed pursuant to the laws of the state and is a 501(c)(3) organization); and educational foundations that are dedicated to the assistance of public schools. The law also includes private entities under contract with the government to provide services to the public that are "substantially similar" to the services provided by the government and are in lieu of services otherwise authorized or required to be provided by the government.
All books and records, except those exempted by statute, must be made available for inspection during normal business hours. Any privatization contract, which authorizes private entities to provide certain public services, is also public record.
Records are confidential if the record contains the name, address, telephone number, or other potentially personal identifying information of a person and the person whose information appears in the record provided the information to the public entity for the purpose of 1) registering with the entity for the purpose of using a recreational facility or a portion of the facility or 2) on his own behalf or on behalf of a child, registering, enrolling, or applying to participate in a recreational or instructional activity that is conducted by, sponsored, or conducted by a public entity. Nev. R. Stat. 239.0105. Additionally, any public library records
that identify a user with the property used are not public records under this statute. Nev. R. Stat. 239.013.
The statute does not specifically define what is public record. Generally, what qualifies as public record is determined by case law. According to the Legislative findings, the government entities and courts must apply a balancing of interests test, although this is also not specifically defined. The most commonly used test is laid out in Donrey of Nevada v. Bradshaw, 106 Nev. 630, 798
P.2d 144 (1990). In the Donrey test, the court must balance the public's right to know the information being requested with the individual's right to privacy. However, the test was intended to be applied very narrowly to criminal investigative records, although it is often cited by entities in refusals to comply with records requests. Generally, in order to challenge a refusal in which the entity cites Donrey, the person making the request must appeal to the district court in the county where the record is located.
If the public entity denies the request because all or part of the record is confidential, it must provide notice of that fact in writing and cite to the statute or legal authority that makes the information confidential. Nev. R. Stat. 239.0107(d).
A government entity may charge a fee for providing copies of a public record, but that fee must not exceed the actual cost of making a copy of the record, unless a statute or regulation sets a fee for a copy. Nev. R. Stat. 239.052. If a statute specifies that an entity must not charge for a copy, then there is no charge. The fees must be posted in a conspicuous place at each office where the public record may be obtained.
Copies of transcripts of administrative or court proceedings shall have an additional per-page fee, which must also be posted in a conspicuous place. Nev. R. Stat. 239.053. Additional fees also apply if the information is obtained from a geographic information system, when it requires "an extraordinary use of personnel or resources," or if microfilm is used. Nev. R. Stat. 239.054-055;
239.070.
If the request is denied, the applicant may apply to the district court in the county where the record is located requesting an order to allow for the applicant to view the record. Nev. R. Stat. 239.011. The burden of proof the courts used when determining the confidentiality of a document is preponderance of the evidence. If the court grants the records request, the applicant may be able to recover reasonable attorneys fees and costs. Nev. R. Stat. 239.011.
The Citizen Media Law Project would like to thank the Randazza Legal Group for preparing this section. The contents of this page should not be considered to be legal advice.
Note: This page covers information specific to New Jersey. For general information concerning access to government records see the Access to Government Records section of this guide.
You must be a citizen of New Jersey in order to inspect the state's public records using New Jersey's Open Public Records Act (OPRA). See Section 47:1A-1 of New Jersey Statutes Annotated ("N.J. Stat. Ann."). There is an exception to this for convicts who are trying to access the personal information of a victim or family of a victim of their offense. See N.J. Stat. Ann. § 47:1A-2.2
What Government Bodies Are Covered
You can inspect the public records of any New Jersey agency which includes: any of the principal departments in the executive branch of state government, and any principal department's division, board, bureau, office, commission; the legislature and any office, board, bureau, or commission within or created by the legislative branch; and any independent state authority, commission, instrumentality, or agency. However, the OPRA does not apply to the New Jersey courts. See N.J. Stat. Ann. § 47:1A-1.1. Refer to Access to Government Meetings in New Jersey and New Jersey State Court Records for more information on attending open meetings at the state legislature and accessing records from the state courts.
What Types of Records Can Be Requested
You can inspect all "public records" of the government bodies subject to the New Jersey OPRA. The term "public record" refers to all government records that have "been made, maintained or kept on file in the course of . . . official business by any officer, commission, agency, or authority of the state." N.J. Stat. Ann. § 47:1A-1.1.
Exemptions
A custodian of records (the government officer who controls or has access to public records for a public body) may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
For more information about the exemptions as they appear in the statute, refer to the New Jersey Open Public Records Act. Additionally, you should also consult the Reporters Committee for Freedom of the Press's Open Government Guide: New Jersey, and the New Jersey Government Records Council's helpful summary Citizen's Guide to OPRA to better understand the exemptions for the Michigan FOIA.
You must make a written request and convey it to the public body's custodian of records. You can hand-deliver, mail, fax, or in some cases even email your request to the appropriate custodian (check with the public body to see whether they are capable of receiving email requests). Call the public agency and ask for a records request form use to request records under OPRA. Or, use the Student Press Law Center's unique letter generator that can help you create your request.
The custodian must reply to your request within seven business days. If you want a copy of the records, you may need to pay a fee. In general, the fee is limited to $0.75 per page for the first to tenth page, $0.50 per page for the eleventh page to twentieth page, and $0.25 per page for the twentieth page and on. Note that there may be special service charges in the case of exceptionally difficult requests. See N.J. Stat. Ann. § 47:1A-5 (particularly the sections titled "Time period for responses by custodian," "Fees for copies," and "Special service charges") and the Citizen's Guide to OPRA. Note that the law only applies to existing documents. The law does not require a custodian to create a record in response to your request.
You have several options open to you should the custodian of records deny your request. First, try to work with the custodian. If the public body is relying on an exemption, ask the custodian to release the nonexempt portions of the record with the exempt portions removed or redacted.
If the custodian still does not apply and you want further review of your request, your three options are to:
According to the State of New Jersey Government Records Council's Citizen's Guide to OPRA, you may want to contact the Council for advice before filing a lawsuit or formal action. The Council's staff can try to mediate your dispute and bring about a successful resolution. However should the mediation fail, or should you should one of the other two options, you should refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential action against the government entity.
Note: This page covers information specific to New York. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect New York's public records using the state's Freedom of Information Law ("FOIL"). See Sections 84 to 90 of the New York Public Officers Law ("N.Y. Pub. Off. Law") which contains no limitations on which members of the public can request records.
What Government Bodies Are Covered
You can inspect the public records of any New York agency. An agency is defined as any "state or municipal department, board, bureau, division, commission, committee, public authority, public corporation, council, office or other governmental entity." N.Y. Pub. Off. Law §§ 86(3)-87. If you want to access the records of the state judiciary or the state legislature, refer to Access to Government Meetings in New York and New York State Court Records for more information.
What Types of Records Can Be Requested
In general, you can inspect the records of all New York agencies as defined above. The term "record" refers to "any information kept, held, filed, produced or reproduced by, with or for an agency . . . in any physical form." N.Y. Pub. Off. Law § 86(4). Additionally, each agency is required to maintain: (1) records on agency member votes, (2) the name, public office address, title and salary of every officer or employee of the agency, and (3) a subject matter list that list details the subject categories under which records are kept. See N.Y. Pub. Off. Law § 87(3).
Exemptions
A records access manager (the government officer who coordinates an agency's response to public requests for records) may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
For more information about the exemptions as they appear in the statute, refer to N.Y. Pub. Off. Law § 87(2). Additionally, you should also consult the Reporters Committee for Freedom of the Press's Open Government Guide: New York, and the New York Committee on Open Government's publication Your Right to Know to better understand the exemptions for the New York FOIL.
There is no uniform procedure for you to follow in requesting records from New York agencies because each agency has its own procedures for handling records requests. See N.Y. Pub. Off. Law §§ 87.1(b), 88.1. You are should contact the agency whose records you desire to find out what method they use for making a request. You also have two other resources to help you create your request: (1) the New York Committee on Open Government has placed a sample letter for a records request on its informational site Your Right to know, and (2) the Student Press Law Center has a unique letter generator that can help you generate an appropriate request.
The records access manager has five days to refuse or comply with your request. See N.Y. Pub. Off. Law § 89.3(a). If you want a copy of the records, you may need to pay a fee. The agency may charge you a fee of $0.25 per page, unless otherwise prescribed by statute. N.Y. Pub. Off. Law § 87(1)(b)(iii). Fees for copies of records in other formats may be charged based upon the actual cost of reproduction. Note that the law only applies to existing documents. The law does not require a FOIA custodian to create a record in response to your request.
You have several options open to you should the records access manager deny your request. First, try to work with the records access manager. If the agency is relying on an exemption, ask the records access manager to release the nonexempt portions of the record with the exempt portions removed or redacted.
If you are unable to make headway with the records access manager and your records request remains denied, you have thirty days to appeal to the head of the agency. The agency has ten days to comply with your request, or explain their denial in writing. See N.Y. Pub. Off. Law § 89.4(a). If you receive a denial at this point (including if the agency does not respond), you can file a lawsuit with the New York state court to enforce compliance with your request. In some cases the court may award you attorney's fees. See N.Y. Pub. Off. Law § 89.4(b)-(c). Refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the government entity.
Note: This page covers information specific to North Carolina. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect a vast number of North Carolina’s public records using the state's Public Records law. See chapter 132, section 1(b) of the North Carolina General Statute, (N.C. Gen. Stat.) stating that public records are the property of the "the people."
What Government Bodies Are Covered
You are entitled to inspect and copy records of "public agencies" under the Public Records law. The term "public agency" is defined broadly and applies to any agency of North Carolina government or its subdivisions. This includes every public office, public officer, institution, board, commission, bureau, council, department, authority, or unit of the state government or a subdivision of government. See N.C. Gen. Stat. § 132-1. Consult Access to Government Meetings in North Carolina and North Carolina State Court Records for more information on how to access records from those government entities.
What Types of Records Can Be Requested
You can inspect all "public records" of North Carolina’s public agencies. The term "public record" refers to all documents, papers, letters, maps, books, photographs, films, sound recordings, tapes, or electronic data made or received in connection with the transaction of public business by any agency of North Carolina. N.C. Gen. Stat. § 132-1(a).
Exemptions
An agency may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
This list is not a complete list of the occasions when an agency may refuse disclosure. There are numerous narrow exceptions to North Carolina's public records law as well. Please refer to the Reporters Committee for Freedom of the Press’ Open Government Guide: North Carolina for more information about the exemptions under the Public Records law.
You can generally request records via telephone, fax, mail, or in person. However, agencies may require that the requests be written. Although you may direct your request to any employee within the agency, the custodian of public records is officially in charge of access to public records N.C. Gen. Stat. § 132-2. Therefore, you may want to contact the custodian directly if possible. Try to make your request as specific as possible so the custodian of public records can easily find the document you are seeking.
You may choose to simply inspect the records during the agency's business hours, or you may request that the agency provide you with copies of the records. If you want the records in a specific format (such as CD-ROM), make sure to specify the format in your request. The law requires that the agency provide the records "in any and all media in which the public agency is capable of providing them." N.C. Gen. Stat. § 132-6.2. Note that the law only applies to existing documents. The law does not require the custodian of public records to create a record in response to your request.
The law does not specify a specific time period in which the agency must comply with your request. The agency must simply furnish copies "as promptly as possible" N.C. Gen. Stat. § 132-6.
The agency must provide the records "free or at a minimal cost." Minimal cost means the actual cost of reproducing the records. Agencies may not charge additional fees beyond the actual cost of copying N.C. Gen. Stat. § 132-1.
If your request is denied, you should first ask the custodian of public records to state the specific reason for the denial. If the custodian is relying on an exemption, ask her to release the nonexempt portions of the record with the exempt portions removed or redacted.
If you feel that the denial is not justified, you may file a civil action in court against the agency to compel disclosure. Actions brought under the Public Records law must be set down for immediate hearing and are given priority in the courts. See N.C. Gen. Stat. § 132-9. Unlike other states, there are no administrative appeals processes to exhaust before initiating a civil suit in court. However, in order for the court to have jurisdiction to issue an order compelling the production of public records, the requesting party must initiate mediation of the dispute through the court. See N.C. Gen. Stat. § 132-9(a); see also N.C. Gen. Stat. § 7A‑38.3E(b). The court need not wait until mediation has concluded to order that public records be produced. See N.C. Gen. Stat. § 7A‑38.3E(h). Refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the public agency.
Note: This page covers information specific to Ohio. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect a vast number of Ohio’s public records using the state's public records law. See chapter 149, section 43 of the Ohio Revised Code, (Ohio Rev. Code).You do not have to reveal your identity or your intended use of the records, as the official is not permitted to deny your request on these grounds. See Ohio Rev. Code § 149.43(B)(4).
What Government Bodies Are Covered
You are entitled to inspect and copy records of all "public offices" under Ohio’s public records law. The term "public office" is defined broadly and includes state, county, city, village, township, and school district units. See Ohio Rev. Code § 149.43(A)(1). Consult Access to Government Meetings in Ohio and Ohio State Court Records for more information on how to access records from those government entities.
What Types of Records Can Be Requested
You should be able to request any document or file that the public office has prepared or possesses, unless the records fall under an exemption. See Ohio Rev. Code § 149.43(A)(1), which states that you can request any "records" of any public office.
Exemptions
A public office may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
See Ohio Rev. Code § 149.43(A)(1) for more information on the exemptions. Additionally, the Reporters Committee for Freedom of the Press’ Open Government Guide: Ohio also discusses the exemptions under Ohio’s public records law.
You can make the request in any way you choose, such as via mail or in person. Make your request as specific as possible so the records keeper can find the record. You are not required to provide a written request, although you may want to do so to better clarify your request. If a written request would help the agency better identify and locate the records, the records keeper may ask that you write the request. However, the records keeper must inform you that a written request is not required by law. See Ohio Rev. Code § 149.43(B)(5). Note that the law only applies to existing documents. The law does not require the agency to create a record in response to your request.
Time limits
Ohio law does not specify any exact time limits in which the agency must respond to your request. However, upon receipt of your request, the office must "promptly" prepare the records and make them available for inspection. If you have requested copies of the records, these copies shall be provided to you "within a reasonable period of time." See Ohio Rev. Code § 149.43(B)(1).
Costs
The public records law is unclear about the specific fees you may be charged for copies of records. Upon request, the office must make copies "at cost," whch means that they cannot profit from your request. The office can charge for "the cost involved in providing the public record," and you may be required to pay the fee in advance. See Ohio Rev. Code § 149.43(B)(6). The statute does not specify exact rates the agency may charge (such as a maximum cost per copy).
If the public office denies your request, the office must provide you with a legal explanation for the denial See Ohio Rev. Code § 149.43(B)(3). If the public office is relying on an exemption, ask the records-keeper to release the nonexempt portions of the record with the exempt portions removed or redacted.
If you feel that the denial does not comply with the Public Records Act, your only remedy is to litigate the case. You can file an action for a writ of mandamus, which is an action asking the court to force the agency to comply with your request. If you prevail in court, you may be entitled to attorney's fees and/or a damage award. See Ohio Rev. Code § 149.43(C)(1). Refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the public office.
Note: This page covers information specific to Pennsylvania. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect Pennsylvania's public records using the state's RTK Law. See section 702. You do not have to tell the records-keeper why you are seeking the information as you cannot be denied a request because of your reasons for wanting the information.
What Government Bodies Are Covered
You can access records from all commonwealth agencies, local agencies, legislative agencies, and judicial agencies. This includes all executive or state offices, boards, authorities, and departments. It also includes state courts and legislative bodies. See section 102.
What Types of Records Can Be Requested
You can access any record "that documents a transaction or activity of an agency and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of the agency" as long as it is not otherwise exempt by the law. See section 102. The legislature has further defined a record to refer to information in any form, such as a document, paper, letter, map, book, tape, photograph, film or sound recording, information stored or maintained electronically and a data-processed or image- processed document.
Exemptions
A records-keeper may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
Read section 708(b) of the RTK Law for more information about the exemptions.
You may request a record verbally or in writing. However, if the agency denies you access to the record, you can only pursue remedies under the RTK Law if your original request was in writing. Consequently it may be in your best interests to provide the agency with a written request. Try to make your request as clear as possible so that the records-keeper can identify and find the records. Your request must be addressed to the agency's open-records officer and may be mailed, emailed, or faxed. Also, be sure to include the name and address to which you want the records or response sent. See chapter 7.
Time limits
The agency must respond within five business days after receiving your request. If the agency fails to respond within this time period, your request is deemed denied. If the agency needs more time to fulfill the request (perhaps because the records are stored in a remote location), it must notify you within five business days and give you a reasonable date that it expects to respond. If the agency estimates that it will take more than thirty days to respond, then the request is deemed denied unless you specifically agree in writing to the extension. This means that an agency cannot make you wait more than 35 business days without your written consent. See chapter 9 for more information.
Costs
The agency may charge fees for postage (if you want the records sent to you), copying, certification, and conversion to paper (if the record is only maintained electronically and you want a paper copy). Generally, these fees must be reasonable, and copying fees should be comparable to duplication fees charged by local businesses.
The agency may waive the fee if it is in the public interest to do so. Therefore, you may want to ask for a fee waiver if you think that you may meet this requirement. Hoewever, the agency has the discretion to determine whether a fee waiver is in the public interest. See section 1307 for more information.
If you think that the agency has wrongly denied your request, you can file an appeal with the Office of Open Records within fifteen business days. Your appeal should state why the record is a public record and the reasons the agency gave for denying the request. The Office of Open Records will assign the case to an appeals officer, who will make a final decision within 30 days. If you do not receive a response from the appeals officer within thirty days, the appeal is deemed denied. See chapter 11.
If the appeals officer denies the appeal, you can file a petition for review in court. If a local agency denied your request, then you must file a petition in the court of common pleas for the county where the local agency is located. If a commonwealth agency, legislative agency, or judicial agency denied your request, then you must filed a petition in the Commonwealth Court. After reviewing the evidence, the Court will issue an opinion on the matter. See chapter 13. Refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the public agency. Keep in mind that the burden is on the agency to prove that the record is exempt. See section 708(a).
Note: This page covers information specific to Tennessee. For general information concerning access to government records see the Access to Government Records section of this guide.
See the note below regarding links to statutory provisions in this article.
Tennessee's public record law (Tenn. Code Ann. §§ 10-7-101 to 10-7-702) has a very broad definition of what is "public," but under Tenn. Code Ann. § 10-7-503(a)(2)(A) applies only to requests by "any citizen of this state." If you are not in Tennessee but need public records in the state, you should find someone in the state to make requests for you.
Tennessee also has an extensive list of "confidential" information that is exempt from disclosure, so before making a request, make sure you are not requesting something that is protected in order to save yourself time.
You do not have to declare your reason for wanting to access records, with the exception of certain records related to law enforcement (see below).
What Government Bodies Are Covered
The following departments are subject to the open records law: any legislative body; any common law, circuit, criminal or chancery court; register's books; surveyor's books; entry taker's books; any other records required by law to be maintained.
What Types of Records Can Be Requested
Any document, paper, record or book of a government body, or any pleading or other paper filed in a court, is considered a public record.
Exemptions
Tennessee has numerous very specific exemptions from its open records, set forth in Tenn. Code Ann. § 10-7-504. You should review the full list before requesting records. These exemptions are based upon confidentiality; therefore, the subject of the record can waive this confidentiality and release the record.
For example, the following records and information are exempt from disclosure:
Also, any personal information about current or former public employees (including law enforcement) is protected. That information includes:
Particular care is needed when requesting a law enforcement officer's personnel files. Such records are presumptively open, but special rules and procedures apply. You must provide your name, address, business telephone number and home telephone number, driver's license number or other identification when you request the record, and the date you inspected the records. The custodian must record this information and give it to the officer under Tenn. Code Ann. § 10-7-503(c)(1)-(3).
The statute also defines a special category of "personal information" of law enforcement officers that receives special protection. § 10-7-504(g). This personal information includes an officer's residential address, phone numbers and place of employment, as well as the names, work addresses, and phone numbers of the officer's immediate family, and name, location and phone number of any school or daycare where the officer's spouse or child is enrolled.
This personal information may ordinarily be redacted if the chief law enforcement officer (CLEO) or his designee determine, in their discretion, that there is a reason not to disclose. However, if the request is for a professional, business, or official purpose, the CLEO does not have unfettered discretion. Rather, he or she must consider the specific circumstances of the request, and follow a procedure detailed in the statute:
(1) If the CLEO does not find a reason to withhold personal information in response to a request for a professional, business, or official purpose, the CLEO must disclose that information, but may still withhold a narrower category of information that is confidential under § 10-7-504(f).
(2) If the CLEO does find a reason to withhold subsection personal information in response to a request for a professional, business, or official purpose, the CLEO may not automatically withhold that information; rather, the CLEO must notify the law enforcement officer in question of the request and give the officer an opportunity to be heard and to oppose the request. Presumably, if the officer does not oppose the release, the information must be disclosed.
Regardless of the foregoing, the CLEO may redact/withhold information that could be used to identify or to locate an officer working undercover.
It is not clear if newsgathering constitutes a "professional, business, or official purpose" because the statute does not define the phrase, and there is no case law clarifying the statute. However, one commentator has suggested that this phrase refers to inspection of the officer's personnel file for any "employment, business or professional purpose in connection with an official investigation."
If you are claiming a professional, business or official purpose, you must include in your open records request the following information: your business address, business phone number and e-mail address, along with the name, contact information and e-mail of a supervisor. If the CLEO denies the request, he or she must give a reason, in writing, within 2 business days. You have the right to judicial review of this denial
An otherwise public record may not be withheld in its entirety just because a portion of the information contained in the record is exempt from disclosure. Therefore, if an agency tells you that a portion of a record is confidential, you may have a right to request redaction of that portion and release of the remainder. The law also does not preclude any individual from giving consent to their confidential information being disclosed.
Making the request
The custodian of a record can ask that a records request be in writing, and can also require photo identification that includes the requester's address. Be ready to be asked for both. For certain law enforcement records, you will have to state if you have a professional, business or official purpose.Fulfilling the Request
You should be able to inspect all records during business hours pursuant to Tenn. Code Ann. § 10-7-503. However, if it is not practical for the record to be promptly available, the custodian must, within 7 business days, make it available or else deny access and give you a reason. If it will take longer than 7 days, he may provide a response with the time he needs to produce the record.A government entity does not have to sort through files to comply with a request. If you are requesting extensive records, be ready to go through them yourself.
No public official can be found liable for releasing records or for any damages that are caused as a result of release.
If you have questions about the state's open meetings law, you can use educational programs and materials that the Office of Open Records Counsel must make available to you.
Payment
The custodian cannot charge you for just viewing the records where they are kept. County officials may provide electronic access or remote access to records, but also may charge users a reasonable access fee.You have a right to copy the record, but the custodian can make reasonable rules regarding copying. The county records commission has the power to establish fees for making copies of records.
If you want a copy of a record that requires reproducing of a computer-generated map or some other geographic data that has some commercial value and was created with public funds, then under Tenn. Code Ann. § 10-7-506, the agency can impose a reasonable fee for its reproduction, in addition to an "additional fee." "Additional fees" may include: labor costs; costs in design of the content contained in the record; development testing and training for whatever content is in the record; and costs necessary to ensure accuracy of the record. This additional fee is not to be levied on individuals who access the record for themselves. Newsgatherers can only be charged for the cost of copying.
The court has full injunctive remedies to secure the purposes and intentions of the open records law. The act is to be construed so as to give the "fullest possible public access."
If the court finds in your favor, it must make the records available unless the government appeals and the court certifies a substantial legal issue that an appellate court must resolve.
In addition, if the court finds that the agency willfully refused to disclose a public record, it may assess all reasonable costs, including attorney fees against the agency.
Additionally, refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit.
Note: This page covers information specific to Texas. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect a vast number of Texas’ public records using the state's Public Information Act. See chapter 552, section 21 of the Texas Government Code, (Texas Gov’t Code). However, the act does not require a governmental body to comply with requests from incarcerated individuals or their agents. See Texas Gov’t Code § 552.028.
What Government Bodies Are Covered
You are entitled to inspect and copy records of all government bodies under the Texas Public Information Act. The term “government body” is defined broadly and includes city governments, county governments, and agencies. The Act also covers certain non-profit organizations and private entities that spend or are supported by public funds. See Texas Gov’t Code § 552.003. However, the Public Records law does not apply to the Texas state legislature or to the state courts. Consult Access to Government Meetings in Texas and Texas State Court Records for more information on how to access records from those government entities.
What Types of Records Can Be Requested
You can inspect all "public records" of Texas’ government bodies, unless the records fall under an exemption (see below). The term "public record" refers to all information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business by or for a government entity, regardless of the format of the information. See Texas Gov’t Code § 552.002.
Exemptions
A government body may refuse disclosure of the requested records if one or more of the following statutory exemptions applies:
Refer to the Reporters Committee for Freedom of the Press’ Open Government Guide: Texas for more information about the exemptions under the Texas Public Information Act.
Your request must be in writing. The Freedom of Information Foundation of Texas provides a helpful sample request letter.
You may choose to mail, e-mail, or fax your request. Requests via mail do not need to be addressed to a certain person so long as you make it clear that you are submitting a request under the Public Information Act. However, requests via e-mail and fax must be addressed to the Officer of Public Information (the specific person at office who handles public records requests). If you are unsure who to address your e-mail or fax to, call the government body or search online for more information.
Time limits
The government body must respond to your request within a reasonable time. See Texas Gov’t Code § 552.228. However, if the agency believes that the record is exempt from disclosure, it must notify you within 10 days. If it fails to do so, then the record is presumed to be public and must be released See Texas Gov’t Code § 552.302. Note that the law only applies to existing documents. The law does not require the custodian of public records to create a record in response to your request.
Costs
Section 70 of the Texas Administrative Code provides detailed guidelines for when and how much an office may charge for copies of public information. If you just want to inspect the records, you should not be charged unless the information would take several hours to prepare and fills several boxes. See Rule 70.5. If you request paper copies of the records, you can be charged $.10 per page. You may be charged up to $15 per hour for search fees if your request is larger than 50 pages or if the documents are located separate facilities. You can also be charged labor costs if the records contain confidential information that must be redacted. See Rule 70.3.
If the officer at the government body believes that the record you have requested is exempt from disclosure, she must ask for a decision from the attorney general within 10 days of receiving the request. Within 10 days, the governmental body must also provide you (the requester) a written statement and a copy of its communications with the attorney general. See Texas Gov’t Code § 552.301. Any person may submit written comments to the attorney general stating reasons why the record should or should not be released. See Texas Gov’t Code § 552.304. Within 45 days, the attorney general must issue a ruling as to whether or not the record is exempt from disclosure. See Texas Gov’t Code § 552.306.
If the attorney general rules that the record is exempt from disclosure and you disagree with this decision, you may file a lawsuit for judicial review of the attorney general's decision. The suit must be filed in a district court for the county in which the main offices of the governmental body are located Texas Gov’t Code § 552.321. Refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the public agency.
Note: This page covers information specific to Virginia. For general information concerning access to government records see the Access to Government Records section of this guide.
If you are a citizen of Virginia, you have a statutory right to inspect a vast number of Virginia’s public records using the state's Freedom of Information Act (FOIA). See title 2.2, chapter 37 of the Virginia Code, (Va. Code), stating that "all public records shall be open to inspection and copying by any citizens of the Commonwealth . . ." You may be required to provide your name and address so the records-keeper can verify that you are a citizen of Virginia. Va. Code § 2.2-3704(A).
What Government Bodies Are Covered
You are entitled to inspect and copy records of "public bodies" under the state’s FOIA. The term "public body" is defined broadly and includes all cities, counties, school boards, planning commissions, legislative bodies, boards, bureaus, districts, or agencies of the Commonwealth. The statute also includes organizations, corporations, or agencies that are principally supported by public funds. Va. Code § 2.2-3701. You may wish to consult Access to Government Meetings in Virginia and Virginia State Court Records for more information on how to access records from those government entities.
What Types of Records Can Be Requested
You can inspect all "public records" of Virginia’s public bodies. The term "public record" refers to all writings and recordings that are prepared, owned by, or in the possession of a public body, regardless of physical form. Va. Code § 2.2-3701.
Exemptions
Virginia’s FOIA lists over 100 specific types of records that are exempt from public disclosure. These include:
Refer to the Reporters Committee for Freedom of the Press’ Open Government Guide: Virginia for more information about the exemptions under Virginia’s FOIA.
According to the Virginia Coalition for Open Government, you can make your request in any medium the public body itself uses, including e-mail. The Virginia FOIA does not specify that the request be in writing, but it will probably help the public body better understand your request if you make it in writing. Try to be as specific as possible in your request so the public body can find the exact records you are seeking. The Coalition offers this useful request letter generator which may help you create your request.
Costs
The public body may make "reasonable charges" for accessing, duplicating, supplying or searching for the records. However, these costs may not exceed the actual costs incurred by the body. At your request, the public body must estimate any charges in advance. Va. Code § 2.2-3704(F). If the public body determines in advance that charges for producing the requested records are likely to exceed $200, the public body may require the requester to agree to payment of a deposit in the amount of the advance determination before continuing to process the request. Va. Code 2.2-3704(H).
Time limits
Within five working days, the public body must either provide you with the records or tell you why they cannot comply with your request. Va. Code § 2.2-3704(B). The public body can get an additional seven days to fulfill your request if necessary. If the public body needs more time to respond to your request because it needs to search an extraordinary amount of records, it should contact you and try to come to an agreement about the production of the records. If this fails, then the public body can petition the appropriate court for extra time to comply with the request. 2.2-3704(C). If the agency does not respond to your request within the five working days, it is considered a denial of the request and constitutes a violation of the Virginia FOIA. Va. Code § 2.2-3704(E).
If the public body denies your request or does not respond to your request, you should always first try to contact the body and resolve the issue. If the public office is relying on an exemption, ask the records-keeper to release the nonexempt portions of the record with the exempt portions removed or redacted.
If you are not satisfied with the public body's response, you may file a lawsuit asking the court to force the body to comply. In such cases, the public body bears the burden of proving that the exemption was justified. Va. Code § 2.2-3713. Refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the public agency.
Note: This page covers information specific to Washington. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect a vast number of Washington’s public records using the state's Public Records Act. See chapter 42, section 56 of the Revised Code of Washington, (Wash. Rev. Code). You are not required to tell the agency your purpose for requesting the reocrds, and the agency cannot "distinguish among persons requesting records." Wash. Rev. Code § 42.56.080.
What Government Bodies Are Covered
You are entitled to inspect and copy records of all state and local agencies under the Public Records Act. The term "public agency" is defined broadly and includes every public office, agency, department, division, bureau, board, commission, county, city, town, and municipal corporation. See Wash. Rev. Code § 42.56.010(1). However, the Public Records law does not apply to the Washington state legislature or to the state courts. Consult Access to Government Meetings in Washington and Washington State Court Records for more information on how to access records from those government entities.
What Types of Records Can Be Requested
You can inspect all "public records" of Washington’s agencies. The term "public record" refers to any writing relating to the conduct of government or the performance of any governmental function that is prepared, owned, used, or retained by any state or local agency regardless of physical form. See Wash. Rev. Code § 42.56.010(2).
Exemptions
If another statute deems a record confidential or exempt from disclosure, then agencies cannot release the records. However, all exemptions listed in the Public Records Act are discretionary, which means that the agency can choose whether or not it wants to disclose the record. For a comprehensive explanation of all exemptions contained in the Act, see the attorney general's Open Government Manual.
Some general categories of exemptions are as follows:
Additionally, refer to the Reporters Committee for Freedom of the Press’ Open Government Guide: Washington for more information about the exemptions under the state’s Public Records Act.
The Act does not specify that you have to make the request in any particular manner. However, it is always to your advantage to make you request as specific as possible. You may also want to provide a written request for clarity. See Wash. Rev. Code § 42.56.080. The Student Press Law Center's State Open Records Law Request Letter Generator can help you create a request letter that complies with Washington law.
Time limits
Washington agencies are required to promptly reply to requests for records. Within five business days of receiving your request, the agency must respond in one of three ways: (1) by providing the record, (2) by acknowledging your request and providing a reasonable estimate of the additional time the agency will require to comply with the request, or (3) by denying the request. See Wash. Rev. Code § 42.56.520.
Costs
The agency cannot charge you for inspection of records. However, if you would like copies of records, you may be charged a "reasonable" fee. The fee cannot exceed the agency's actual cost of copying the records. In general, the agency may not charge more than $.15 per page. Wash. Rev. Code § 42.56.120.
If your request is denied, the agency must give you its legal basis for the denial. If you disagree with this response, you have several options. You may:
If you choose the second option, the attorney general will provide her written opinion as to whether or not the record is exempt. See Wash. Rev. Code § 42.56.530. If you choose the third option, refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the public agency. Keep in mind that the burden is on the agency to prove that the record is exempt. See Wash. Rev. Code § 42.56.550.
Note: This page covers information specific to the District of Columbia. For general information concerning access to government records see the Access to Government Records section of this guide.
You have a statutory right to inspect a vast number of the District of Columbia’s public records using the Freedom of Information Act (D.C. FOIA). See section 2-532(a) of the District of Columbia's Annotated Code.
You are not required to explain to a Freedom of Information Officer (FOI Officer), the government officer who controls or has access to public records, why you are making a request. Although you do not need to provide a reason, you may wish to do so as it may be relevant to the agency's determination of whether to rely on an exemption (see below) and deny your request. For example, if you request records which might be exempted as private information, and state that you are seeking the information because it is vital to a pressing issue of public concern, your reasoning may weigh in favor of granting you access to the records.
What Government Bodies Are Covered
Under the DC FOI Act, you are entitled to view the public records of any D.C. "public body", including:
However, the D.C. FOIA does not apply to intergovernmental agencies (e.g. the Washington Area Metropolitan Transit Authority, which was created by interstate compact), D.C. courts, or bodies under the exclusive control of the court (e.g. the Child and Family Services Division of the Department of Human Services). See Access to Government Meetings in D.C. and Access to D.C. Court Records for more information on how to access records from those government entities.
What Types of Records Can Be Requested
You are entitled to any "public records", including "all books, papers, maps, photographs, cards, tapes, recordings or other documentary materials regardless of physical form characteristics prepared, owned or used in the possession of, or retained by a public body." See D.C. Code Ann. § 2-502(18). This includes records in hard copy or in electronic format.
The records need not necessarily be created by the public body, or in the public body's possession, as long as they are under the public body's physical and legal control. You can also request records produced by a private person for a public body under contract (i.e. a delegated duty). D.C. Code Ann. § 2-5376(a)(6).
What Exemptions Might Apply
An agency can refuse to provide access to records covered by any of the following specific exemptions:
See D.C. Code Ann. § 2-534(a).
The public body bears the burden of proving that the exemption applies. If the FOI Officer can segregate non-exempt portions of the record or redact sensitive information, he must to do and provide those non-exempt portions to you. D.C. Code Ann. § 2-534(b). Visit Open Government Guide's discussion of exemptions for more information about the exemptions.
You can make an oral or a written request to a public body for the records you wish to inspect. If the request is routine, call the agency and ask to speak with the FOI Officer to make your request. If the person you speak with cannot grant your request over the telephone, he should be able to provide you with guidance on the required written request.
Apart from stipulating that public bodies must comply with any request "reasonably describing any public record," the D.C. FOIA does not set out particular information required in a letter, but the following information should be included, as appropriate:
Alternatively, you can use the Student Press Law Center's State Open Records Law Request Letter Generator to produce a letter that complies with District of Columbia law.
The FOI Officer has fifteen days to refuse or comply with your request, except in "unusual circumstances," in which case an agency may extend the deadline up to ten working days. D.C. Code Ann. § 2-532(c), (d).
If you want a copy of the documents, you may need to pay a fee. The agency may charge you a fee that covers the actual costs of searching, reviewing and copying records. Note that you will be charged a lower fee (only the costs of duplication) if you can establish that your request is for a non-commercial purpose and that you are a representative of the news media. If the agency determines that furnishing the information is in the public interest, it may waive or reduce copying fees. You should state in your request why providing the requested records is primarily benefiting the general public and specifically request a waiver of fees as being in the public interest. See D.C. Code Ann. § 2-532(b).
Note that the law only applies to existing documents. The law does not require a FOI Officer to create a record in response to your request (but he may do so at his discretion).
Although not provided for in the D.C. FOIA, ask the FOI Officer to review his decision denying your request. If refusal is based on one of the exemptions, ask the officer to use his discretion to waive the exemption, or to provide the non-exempt portions of the record. If you have no success with the FOI Officer, you could try to appeal the decision to their seniors within the agency.
If you receive a formal denial letter, or no determination is made within the statutory time period, you are entitled to seek an administrative review. D.C. Code Ann. § 2-537(a).
An administrative review entails an appeal to the Mayor to overturn the agency’s decision. The Mayor has delegated this function to the Secretary of the District of Columbia. D.C. Code Ann. § 2-537(a). An overview of the procedure of appealing to the Mayor is set out in the Open Government Guide. Briefly, an appeal is instituted by sending an appeal letter to the Mayor, stating that it this is a "Freedom of Information Act Appeal", setting out legal arguments why disclosure should be granted and enclosing copies of the request and the denial. If the Mayor refuses to grant your appeal, or fails to respond within ten working days, you still have the option to file a lawsuit. D.C. Code Ann. § 2-537(a)(1).
If you wish to file a lawsuit to enforce compliance with your request, refer to our section on Finding Legal Help for more information on how to get legal assistance to help you assess the merits of a potential lawsuit against the government entity.
While we can't guaranteed that you will get every government record you desire, the following tips will help ensure that you take full advantage of the wealth of information available through state and federal freedom of information laws.