News & Analysis as of

Public Records Request For Information

Epstein Becker & Green

OPRA Reform Bill Passed by Gov. Phil Murphy Has Potential to Severely Limit NJ Public Record Transparency

Epstein Becker & Green on

The ability to obtain public records in New Jersey is about to undergo a massive overhaul. A new bill, S2930, (the “Reform Bill”) was signed into law by New Jersey Governor Phil Murphy on June 5, 2024, and has the potential...more

Best Best & Krieger LLP

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

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

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

CloudNine on

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

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

FordHarrison

Federal Court Orders OFCCP to Release Federal Contractors' EEO-1 Reports

FordHarrison on

Executive Summary: On December 22, 2023, a federal court in California ordered the OFCCP to release the EEO-1 reports of federal contractors who had filed an objection to the agency’s release of their EEO-1 data in response...more

Pullman & Comley - Labor, Employment and...

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

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

Franczek P.C. on

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?

Troutman Pepper on

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

Franczek P.C.

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

Franczek P.C. on

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

Venable LLP

FOIL Law Simplified

Venable LLP on

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

Carlton Fields

Tips for Reacting to an "In-Person" Public Records Request Under Florida's Public Records Act (UPDATED)

Carlton Fields on

BACKGROUND - Under Florida's broad Public Records Act ("the PRA"), chapter 119, Florida Statutes, any person - whether an individual or a legal entity - can request access to or copies of public records in the custody of...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

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 Supreme Court Issues Decision Upholding Private and Personal Redactions Under FOIA

Franczek P.C. on

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

Freeman Law on

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

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

Best Best & Krieger LLP

California Public Records Act Update

New CPRA Case Law and Legislation for 2021 - 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...more

Bricker Graydon LLP

Public records for private police in Ohio: A refresher

Bricker Graydon LLP on

On May 21, 2015, the Ohio Supreme Court ruled in State ex rel. Schiffbauer v. Banaszak that police departments at private universities are “public offices” subject to Ohio’s public records law. This law requires such police...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

Best Best & Krieger LLP

Investigatory Privilege and California Public Records Act Requests

It's the Information, Not the Record, that Must be Considered, Say BB&K's Christine Wood and Isaac Rosen in PublicCEO - One afternoon in May 2015, six Glendora Police Department officers entered a residence in La Puente,...more

Best Best & Krieger LLP

California Supreme Court: Government Cannot Charge Fee to Redact Police Body Camera Footage

California Public Records Act Provision Permitting Public Agencies to Charge for “Extraction” Analyzed - Government agencies are prohibited from charging a fee to redact police body camera footage in response to a...more

Best Best & Krieger LLP

Another SB 1421 Decision Against Law Enforcement Agencies

Police Records Must Be Disclosed Even if Created or Officer Employed By Different Agency, California Appellate Court Says - The California Attorney General and Department of Justice must disclose all police misconduct...more

Franczek P.C.

Recent Illinois Case Addresses the Intersection of Public Data and Privacy in Public Records Laws

Franczek P.C. on

A recent Illinois Appellate Court decision raises interesting questions about how provisions protecting “private information” in open records laws should be interpreted in a world in which a vast wealth of information about...more

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