News & Analysis as of

Email Freedom of Information Act

Pullman & Comley - School Law

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

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

Franczek P.C.

Illinois Appellate Courts Focus on FOIA

Franczek P.C. on

Last week, the Illinois Appellate Court issued three separate opinions addressing the scope of the Illinois Freedom of Information Act (FOIA). The opinions provide additional guidance related to what constitutes a reasonable...more

Reveal

Stacks on Stacks: Survey Shows Increased FOIA Requests Still a Challenge

Reveal on

Today’s eDiscovery Blues cartoon gives a nod to our colleagues working in government agencies processing FOIA requests. By law, all federal agencies are required to respond to a FOIA request within 20 business days, unless...more

Association of Certified E-Discovery...

[Webinar] Email Investigation Best Practices: What We’ve Learned From Recent FOIA Releases - July 23rd, 1:00 pm - 2:00 pm ET

The smoking gun isn’t a gun anymore; it’s an email, text or instant message. This interactive session will focus on strategies and best practices around email investigations illustrated with real documents obtained through...more

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

How Should Arkansas Schools Handle Parent Demands for Emails About Students? Navigating FERPA & FOIA.

Arkansas schools often face parent requests to see all the school’s documents and emails about their child. Schools may wonder whether a parent has a right to such sweeping information. Federal law gives parents the right...more

Pullman & Comley - School Law

Student E-Mails, FERPA and FOIA: What School Districts Must Disclose (and When)?

Among other things, the federal Family Educational Rights and Privacy Act (“FERPA”) grants parents access to educational and related records concerning their child. Under FERPA, “education records” are broadly defined as...more

Franczek P.C.

According to the PAC, Communications About Public Business on Personal Devices Subject to FOIA

Franczek P.C. on

Since a 2013 Illinois Appellate Court decision, City of Champaign v. Madigan, Illinois public bodies have known that three categories of emails and text messages sent to or from personal technology devices are “public...more

Franczek P.C.

Denial of Request for 44,536 Emails as Unduly Burdensome Violated FOIA

Franczek P.C. on

During my recent time working at the Department of Education’s Office for Civil Rights, I worked with the Federal Freedom of Information Act, which does not contain an unduly burdensome exemption....more

Franczek P.C.

Recent OMA and FOIA Decisions Address “Personal” Emails of Public Officials

Franczek P.C. on

The Open Meetings Act (OMA) and the Freedom of Information Act (FOIA) cover the communications of board members and other public officials when conducting public business. While the laws have a long reach, granting the public...more

Womble Bond Dickinson

"Private" E-mails and FOIA

Womble Bond Dickinson on

Recent legal decisions continue to blur the line between private communications and public records, extending the reach of the Freedom of Information Act (FOIA). Because of these shifts, proactive government officials are...more

Hinshaw & Culbertson LLP

Informing Illinois Newsletter - August 2016

Is Your Police Department Ready for Body Cameras? - Police use of force has been heavily scrutinized for more than a year. In May 2015, the U.S. Department of Justice announced that it was providing $20 million in grants...more

Holland & Knight LLP

Illinois AG Rules That Public Employees' Personal Emails Are Public Records - Messages Pertaining to Public Business in Personal...

Holland & Knight LLP on

Illinois Attorney General Lisa Madigan has issued a binding opinion under the state's Freedom of Information Act (FOIA) that email messages sent or received through public employees' personal email accounts may be public...more

Pillsbury - Gravel2Gavel Construction & Real...

Controversial “Climate Change” Video Results in Significant FOIA Decision by DC Circuit

On July 5, the U.S. Court of Appeals for the District of Columbia Circuit issued an important ruling interpreting the reach ofemail. the federal Freedom of Information Act (FOIA) in the case of Competitive Enterprise...more

Hinshaw & Culbertson LLP

Informing Illinois Newsletter - February 2016: Personal Documents Stored on a Government Computer System — Disclosable Under...

Personal Documents Stored on a Government Computer System — Disclosable Under Illinois' FOIA? Not all documents created or stored on a government computer system are subject to disclosure under Illinois' Freedom of...more

Robinson+Cole Data Privacy + Security Insider

OIG confirms Clinton sent classified emails through private account

The Office of the Inspector General for the State Department recently confirmed in a Memo that former Secretary of State Hillary Clinton sent emails with classified information in them through her private email account...more

Pullman & Comley - School Law

Presidential Politics, E-Mail, And The FOIA: Why It Should Matter To You

The federal Freedom of Information Act [“FOIA”] has recently made its way into national new stories for all the wrong reasons. Hillary Clinton has become enmeshed in a controversy involving her use of a “private” e-mail...more

Pullman & Comley - School Law

When a Meeting is Not a Meeting, at Least According to the FOIC

Most public entities are now intimately familiar with the long reach of the Freedom of Information Act (“FOIA”) into the conduct of agency meetings. A recent case from the Freedom of Information Commission (“FOIC”) reminds...more

Pullman & Comley - School Law

Warning-Your E-mail Just Became a Meeting: Mauer v. Member, Board of Education, Regional School District No. 1 and The Dangers of...

Often times, I will warn school board members against the use of e-mail to conduct board business. My primary concern is that such e-mails could be deemed to constitute an illegal un-noticed/non-public meeting, in violation...more

Ballard Spahr LLP

Private E-Mail and Public Officials: What's a Public Document?

Ballard Spahr LLP on

The "Bridgegate" scandal in New Jersey involving an investigation into the George Washington Bridge lane closures has included many instances of Governor Chris Christie's top officials utilizing their own Gmail, Yahoo, or...more

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