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Freedom of Information Act › State and Local Government

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 -
Tucker Arensberg, P.C.

OOR (Office of Open Records) Holds that “Frank Curry” FOIA Buddy Requests Can Be Denied for Being Anonymous

Tucker Arensberg, P.C. on

In Frank Curry and FOIABuddy v. South Western School District, AP 2024-1311, a school district (“District”) received a request for records related to IT operations, contracts, staff, and IT budget from Frank Curry and...more

Vondran Legal

Copyright Law and BodyCam Video

Vondran Legal on

I saw this question online and decided to answer it here on my blog.  It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police...more

Best Best & Krieger LLP

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

Best Best & Krieger LLP on

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

Franczek P.C.

PAC Issues Binding Decision Finding OMA Violation for Closed Session Discussions on Curriculum

Franczek P.C. on

The Illinois Public Access Counselor (PAC) issued a binding opinion, finding a school board violated the Open Meetings Act (OMA) when it improperly discussed school curriculum during closed session....more

Franczek P.C.

Illinois Appellate Court Issues New Ruling Concerning the OMA and FOIA

Franczek P.C. on

Early this year, the Illinois Appellate Court issued an opinion responding to challenges asserted under the Open Meetings Act (OMA) and the Freedom of Information Act (FOIA). The Appellate Court held that the Village of Oak...more

Spilman Thomas & Battle, PLLC

Virginia Supreme Court Ruling Impacts Confidentiality of Government Employee Personnel Records

Spilman Thomas & Battle, PLLC on

In October 2022, the Virginia Supreme Court decided the case of Hawkins v. Town of South Hill (view the opinion here), which fundamentally alters 40 years of precedent in the Commonwealth concerning what is considered...more

Clark Hill PLC

Michigan Court of Appeals Examines Provisions of the Open Meetings Act

Clark Hill PLC on

In its recent decision, Hindelang v. City of Grosse Pointe, the Michigan Court of Appeals (“Court”) has offered clarification and some helpful reminders for compliance with the Open Meetings Act (“OMA”). In a case involving...more

Miller Canfield

The Legalities of Social Media

Miller Canfield on

In today's world of technology and communications, communities are increasingly reaching their residents and marketing their services through social media. It has become common for cities, villages, and nearly all forms of...more

Orrick, Herrington & Sutcliffe LLP

Three Things to Consider When Sharing Confidential or Proprietary Information with State and Municipal Governments

Orrick, Herrington & Sutcliffe LLP on

Many companies find themselves in the position of voluntarily sharing some of their most sensitive data and other confidential information with state and local governments. For example, this type of information-sharing may...more

Reveal

Practical Solutions To Public Records Request Challenges

Reveal on

When it comes to data and records management functions at government agencies, recent years have been trying times. A number of concerning trends have continued to be a factor, such as the growth of the data generated by...more

Franczek P.C.

PAC Rejects Public Body’s Limitation on Criticism of Public Officials Absent Actual Disruption

Franczek P.C. on

In a recent decision, the Public Access Counselor (PAC)—the division of the Attorney General that reviews appeals regarding the Illinois Freedom of Information Act (FOIA) and Open Meetings Act (OMA)—found that a city...more

Franczek P.C.

COVID-19 Update for Public Bodies Regarding FOIA and OMA Compliance

Franczek P.C. on

As with most issues relating to the coronavirus disease 2019 (COVID-19), expectations regarding the holding of public meetings have been evolving rapidly over the past few days. ...more

Pullman & Comley - School Law

Governor Lamont’s Executive Order and the FOIA’s “Open Meetings” Requirements

Pullman & Comley - School Law on

While there are more urgent public health issues to consider, the outbreak of the Coronavirus (COVID-19) has caused practical concerns regarding how public agencies can comply with Connecticut’s Freedom of Information Act...more

Seyfarth Shaw LLP

Maine Considers Trade Secret Protection for Cannabis Companies

Seyfarth Shaw LLP on

Maine is on track to launch its first recreational marijuana businesses in June, four years after its residents voted in favor of legalization. A year ago, Maine created an Office of Marijuana Policy (OMP) within its...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

Franczek P.C.

The Top Five Takeaways from the Public Access Counselor’s 2019 Binding Opinions

Franczek P.C. on

The Illinois Attorney General’s Public Access Counselor was once again busy during 2019, issuing binding decisions of interest to public entities governed by the Illinois Open Meetings Act and Freedom of Information Act....more

Ballard Spahr LLP

New Jersey Attorney General Leads Actions Against the U.S. Department of Education for Restricting Information Sharing with State...

Ballard Spahr LLP on

Last week, New Jersey Attorney General Gurbir Grewal took the lead in pursing two actions against the U.S. Department of Education related to the Department’s alleged refusals to cooperate with state investigations of student...more

Franczek P.C.

This Is Not a Drill: School Districts Now Required to Create Threat Assessment Teams and Implement Threat Assessment Procedures

Franczek P.C. on

Governor Pritzker recently signed into law Public Act 101-0455 amending the School Safety Drill Act (105 ILCS 128/1) to require threat assessment procedures and the creation of threat assessment teams in school districts...more

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

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

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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

PilieroMazza PLLC

Weekly Update Newsletter - July 2019

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SMALL BUSINESS PROGRAMS & ADVISORY SERVICES - SBA Issues Proposed Rule Changing Receipts Calculation to 5 Years, Implementing Small Business Runway Extension Act - On June 24, 2019, the Small Business Administration...more

Franczek P.C.

ISBE Updates Special Education Notice of Procedural Safeguards

Franczek P.C. on

The Illinois State Board of Education (ISBE) issued a revised version of its Notice of Procedural Safeguards for Parent/Guardians with Disabilities shortening the time for response to a student records request unless an...more

Jackson Walker

Aligning Open Government Ideals With Law Enforcement Provisions

Jackson Walker on

In Texas, our public information act is founded on the proposition that the people are sovereign and entitled to full disclosure of governmental affairs in order to retain control of public institutions. Embedded in our...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

Robinson+Cole Health Law Diagnosis

Laws Affecting Health Care Entities in Connecticut Take Effect October 1, 2018

Robinson+Cole Health Law Diagnosis on

On October 1, 2018, a number of new laws affecting health care entities in Connecticut became effective. ...more

Pullman & Comley, LLC

ALERT - CT Legislative Update

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The 2018 Regular Session of the Connecticut General Assembly passed bills that, among other things: (1) revise the Student Data Privacy Act; (2) address budgetary issues stemming from attempts at reducing and rescinding...more

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