News & Analysis as of

Public Records Exemptions

Tucker Arensberg, P.C.

Commonwealth Court Holds that OOR Erred in Not Allowing Agency an Opportunity to Review Responsive Records for Exemptions after...

Tucker Arensberg, P.C. on

In Pa. Office of the Governor v. Brelje, 2024 Pa. Commw. LEXIS 65, at *1 (Commw. Ct. Feb. 23, 2024), the Office of Open Records (“OOR”) concluded that requests for all incoming and outgoing email for two agency employees over...more

Tucker Arensberg, P.C.

Communications Related to a School District’s Investigation Into Complaints About Library Books Are Not Public Records

Tucker Arensberg, P.C. on

Foster v. Pennridge School District, AP 2023-0931 (July 5, 2023). The Office of Open Records determined that a school district properly redacted and withheld certain email chains discussing the school district’s investigation...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.

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

Franczek P.C. on

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.

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

Franczek P.C. on

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

Franczek P.C.

New Binding Opinion on Scope of FOIA for Third Parties and Proprietary Information

Franczek P.C. on

In a rare binding opinion, the Illinois Attorney General’s Public Access Counselor (PAC) opined that certain information in the sole possession of a vendor that had contracted with the Illinois Department of Corrections...more

Franczek P.C.

With FOIA, Redacting Student Names Will Not Always Protect Student Privacy

Franczek P.C. on

A recent informal Illinois Attorney General Public Access Counselor decision interpreting the Freedom of Information Act is an important reminder that redacting student names from public records is not always sufficient to...more

Best Best & Krieger LLP

[WEBINAR] Exploring the CPRA’s Investigatory Privilege

While the California Legislature included investigatory privilege as an exemption within the California Public Records Act, there are exceptions to this exemption. In this Best Best & Krieger LLP webinar, attorneys Christine...more

Best Best & Krieger LLP

California Public Records Act Case Law Update

Part 2: New CPRA Laws for 2020 - While an expansive array of records can be sought via a California Public Records Act request, the right to inspect public records is not without limits. The CPRA does not give unlimited...more

Holland & Hart LLP

Department of Justice Issues New Guidance on Definition of "Confidential" under FOIA Exemption 4

Holland & Hart LLP on

The Department of Justice (“DOJ”) recently issued guidance defining the types of information that qualify as “confidential” under Exemption 4 of the Freedom of Information Act (“FOIA”). This guidance follows the Supreme...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Justice Issues New Guidance on Exemption 4 to the Freedom of Information Act

On Oct. 4, 2019, the DOJ issued guidance for determining whether commercial or financial information provided by a person or company is “confidential” under FOIA Exemption 4. When preparing reverse-FOIA submissions, a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

On the Cutting Edge of the Arkansas Freedom of Information Act: 2019 Legislative Changes and Updates

As is the case seemingly anytime that the General Assembly is called to session, this year they made some notable changes to the Arkansas Freedom of Information Act. Several of those changes went into effect last month, and...more

K&L Gates LLP

Legal Tropics: The Florida Public Records Act: A Primer for Private Entities

K&L Gates LLP on

The Florida Public Records Act requires state and local government entities and agencies to make their records available to the public. But the Act also has many implications for private entities that transact business with...more

Proskauer - Minding Your Business

Divided New York Court of Appeals Restricts Freedom of Information Law Disclosures

A divided New York Court of Appeals recently held that Civil Rights Law § 50-a bars disclosure of police officer personnel records except under very limited circumstances, eliminating access to such records by the press or...more

Franczek P.C.

Court Orders Governor’s Office to Turn over FOIA Policy

Franczek P.C. on

A recent Cook County court decision addressed a Freedom of Information Act (“FOIA”) request to Governor Bruce Rauner’s office, and shed some light on what “final” means for purposes of the “preliminary records” FOIA...more

Franczek P.C.

Records Containing Only Facts Are Not Subject to Section 7(1)(f) Predecisional Exemption

Franczek P.C. on

Recently, an Illinois Court of Appeals issued a decision mandating disclosure of assessment records from the Cook County Assessor’s Office to the Chicago Tribune under the Illinois Freedom of Information Act (“FOIA”)....more

Franczek P.C.

Illinois Attorney General’s Public Access Counselor Issues Binding Opinions Regarding FOIA Exemptions

Franczek P.C. on

The Public Access Counselor (PAC) of the Illinois Attorney General’s office recently issued two binding opinions addressing the Freedom of Information Act (FOIA). Specifically, the opinions found two public bodies in...more

K&L Gates LLP

The FOIA “Five” – After 50 Years, Changes in the Freedom of Information Act That (Might) Matter

K&L Gates LLP on

The Freedom of Information Act (FOIA), passed by Congress and signed into law in 1966, “established a policy of openness toward information within the control of the Executive Branch, and a presumption that such records...more

BCLP

We Really Mean It This Time: Recently Enacted FOIA Improvement Act of 2016 Mandates

BCLP on

On June 13, Congress passed the FOIA Improvement Act of 2016, and President Obama signed the bill into law on June 30, nearly 50 years after the original Freedom of Information Act (“FOIA”) was first enacted. The new law was...more

Franczek P.C.

Internal Investigative Reports That Lead to Discipline Are Not Exempt Adjudicatory Records under FOIA

Franczek P.C. on

An Illinois Appellate Court has further limited the public records that a public body can withhold from disclosure under Section 7(1)(n) of the Freedom of Information Act, which exempts “records relating to a public body’s...more

Best Best & Krieger LLP

Constitutional Amendment Proposes to Exempt Public Records Act and Brown Act Mandates from Reimbursement

Amendment Subject to a Vote of the People in June 2014 - In accordance with the procedures for amendment of the California Constitution, two-thirds of each house of the State Legislature has approved Senate...more

Franczek P.C.

Illinois Appellate Court Decision Clarifies Waiver Of The FOIA Predecisional Materials Exemption

Franczek P.C. on

The Appellate Court of Illinois (First District) recently issued an opinion clarifying how a public body can waive the Freedom of Information Act protection for predecisional records....more

Ballard Spahr LLP

Pennsylvania Office of Open Records Blasts Charter Schools

Ballard Spahr LLP on

Charter school managers and officials should be aware that the Executive Director of Pennsylvania’s Office of Open Records has recently made public statements criticizing charter schools that take the position that they...more

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