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Freedom of Information Act › Public Access Laws › Public Records

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
Pullman & Comley - School Law

Don’t Press Send: Dangers of E-Mail, the “Inadvertent Meeting” and Updated FOIC Guidance

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One of the many worries that I have as a school attorney is when school board members use their e-mail account to discuss board business.  As you may know, such conduct can run afoul of Connecticut’s Freedom of Information...more

Best Best & Krieger LLP

California Supreme Court Denies Petition for Review in Police Drone Footage Case

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Police Drone Footage Only Exempt From Disclosure - In Some Circumstances The California Supreme Court recently denied the City of Chula Vista’s Petition for Review in Castañares v. Superior Court (Dec. 2023) 98 Cal.App.5th...more

CloudNine

How to Evaluate Technologies and Companies for Public Records/FOIA Requests

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(This is the fifth and final blog in a five-part series on streamlining public records request response.) When starting the journey in changing your processes around managing these requests, it can be like a hiker...more

CloudNine

Improving Processes to Streamline Public Records/FOIA Request Response

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(This is the fourth blog in a five-part series on streamlining public records request response.) Managing Freedom of Information Act (FOIA) or similar public records requests in State or Local government agencies is a...more

CloudNine

Resourcing Your Public Records/FOIA Requests Response with a Lean Team

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When it comes to managing FOIA (Freedom of Information Act) and similar public records requests, resourcing your team effectively is crucial. Even with a small team, you can achieve a lot by appointing an expert internally...more

CloudNine

What are the Growing Challenges with Public Records/FOIA Requests?

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The number of public records requests filed each year is on the rise, presenting a significant challenge for government agencies. One of the core obstacles faced by these agencies is the tight timing constraints imposed by...more

Pullman & Comley - School Law

Welcome To The Board: What New Board Members Need To Know About The FOIA

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Congratulations on your election to the board of education and thank you for volunteering your time to your community.  As you begin to embark on your board journey you will unfortunately, find that way too much of your time...more

Pullman & Comley - Labor, Employment and...

As The Leaves Are Changing - What Has (and Has Not) Changed with the FOIA?

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As the summer (and your vacation) becomes a distant memory, and the days get shorter and colder, I’ll bet you have had passing thoughts about changes to Connecticut’s Freedom of Information Act’s (“FOIA”), especially in light...more

Franczek P.C.

FOIA Does Not Require Public Bodies to Compel Production of Third-Party Records

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The Illinois Appellate Court recently ruled that the Freedom of Information Act (FOIA) does not obligate a public body to produce records that it does not already maintain in response to a FOIA request. Further, the Court...more

Troutman Pepper

Are FOIA Laws in Need of Updating?

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The federal government, the District of Columbia, and each of the 50 states have Freedom of Information Act (FOIA) laws that allow individuals to file requests for specific public documents with government agencies and...more

Littler

OFCCP Again Extends Deadline for Submitting Objections to EEO-1 Disclosure, But New Wrinkles Added

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On February 14, 2023, OFCCP announced that it was again extending the deadline for employers to file objections to the disclosure of their EEO-1 data in response to a FOIA request from the Center for Investigative Reporting....more

Franczek P.C.

PAC Issues Binding Opinion Regarding the Applicability of Predecisional Exemption to Employee Survey Results

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Recently, the Public Access Counselor (PAC) issued a binding opinion concerning the Freedom of Information Act (FOIA). In the decision, the PAC upholds a school’s decision to utilize the Section 7(1)(f) (predecisional)...more

Franczek P.C.

PAC Issues Two Decisions in Favor of School District Decisions to Withhold Student Records and Proprietary Information

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Recently, the Public Access Counselor (PAC) issued two non-binding opinions concerning the Freedom of Information Act (FOIA), both upholding school district decisions to exert exemptions and withhold key documents under the...more

Pullman & Comley - School Law

So How Much Time Do Public Agencies Have to Respond to Voluminous FOIA Requests?

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Often times, when facing voluminous requests for records under Connecticut’s Freedom of Information Act (FOIA), clients will simply ask me: “How long do we have to comply?”  There is no simple answer, but here are some...more

Venable LLP

FOIL Law Simplified

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Nearly anyone who can read a newspaper understands the meaning of a FOIL or FOIA request. FOIA refers to the Freedom of Information Act, which allows a requester to obtain documents from federal agencies, while its...more

Franczek P.C.

PAC Issues Two New Binding Opinions Concerning FOIA

Franczek P.C. on

The Illinois Public Access Counselor (PAC) recently issued two new binding opinions concerning the FOIA—one upholding a public body’s denial of a FOIA request for union records and another finding application materials for...more

Franczek P.C.

Illinois Appellate Court Issues New FOIA-Related Ruling Regarding Unduly Burdensome Exemption

Franczek P.C. on

The Illinois Appellate Court recently issued a new decision regarding the FOIA. In Kraft v. Chicago Police Department, the Court ruled in favor of the police department, finding it properly exempted records as unduly...more

Pullman & Comley - School Law

Permanent Changes to the FOIA Regarding Remote and Hybrid Meetings

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On April 28, 2022, Governor Lamont signed Public Act 22-3, which makes permanent changes to Connecticut’s Freedom of Information Act (FOIA) so as to preserve the ability of public agencies (such as school boards) to conduct...more

CloudNine

Private and Privileged Data: Public Records and FOIA Requests

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Information requested from a government agency through a local public records request or the federal Freedom of Information Act (FOIA), may be considered private, personally identifiable information (PII) or privileged. These...more

Franczek P.C.

PAC Issues New Binding Opinion Regarding Personal and Pre-Decisional Exemptions Under FOIA

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The PAC recently released its second binding opinion of 2022, which provides helpful analysis and guidance regarding the personal and pre-decisional exemptions under the FOIA. The PAC determined that the City of Chicago...more

Franczek P.C.

PAC Issues Binding Opinion Finding in Favor of Public Body’s Use of the Attorney-Client FOIA Exemption

Franczek P.C. on

In its first binding opinion of the year, the Public Access Counselor (PAC) provides further clarity to the attorney-client privilege exemption under Section 7(1)(m) of the Freedom of Information Act (FOIA). Specifically, the...more

Franczek P.C.

Illinois Supreme Court Issues Decision Upholding Private and Personal Redactions Under FOIA

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Recently, the Illinois Supreme Court issued a decision regarding the FOIA, upholding a public body’s redaction of traffic accident reports pursuant to Sections 7(1)(b) and 7(1)(c) of the FOIA....more

Freeman Law

The Freedom of Information Act

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Originally enacted on July 4, 1966, the Freedom of Information Act established a statutory right of public access to Executive Branch information held by the federal government. The FOIA provides that any person has a right,...more

Pullman & Comley - School Law

The FOIA and the Pandemic: New (temporary?) Provisions on “Remote” and “Hybrid” Meetings for Public Agencies

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The “budget implementer” bill that was passed in June amends Connecticut’s Freedom of Information Act (“FOIA”), preserving, at least temporarily, elements of pandemic-era Executive Orders concerning “remote” and “hybrid”...more

Franczek P.C.

Illinois PAC Rejects FOIA Exemption for Communications with an Interested Third Party

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The Illinois Attorney General’s Public Access Counselor recently issued a binding opinion holding that the Illinois Freedom of Information Act exemption for predecisional records does not apply to communications from a public...more

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