News & Analysis as of

Records Request

Parker Poe Adams & Bernstein LLP

Georgia Supreme Court Broadens Open Records Act to Include Private Contractors

The Georgia Supreme Court on Monday issued a ruling that expands the scope of who is responsible for producing public records under the state’s Open Records Act. The court also allowed for records requests to be sent to...more

Mandelbaum Barrett PC

Governor Murphy Signs OPRA Revamp That May Curtail the Right to Government Records

Mandelbaum Barrett PC on

On Monday, June 5, New Jersey Governor Phil Murphy signed Senate Bill 2930/Assembly Bill 4045 into law, modifying the process of requesting and obtaining public records, and significantly altering the rights of those who...more

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

Troutman Pepper

FOIA Exemption Questions on Redacted HHS Cannabis Letter

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The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones. Originally published in Law360 - January 5,...more

Seyfarth Shaw LLP

The Spotlight Is On Employee Records Requests!

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Seyfarth Synopsis: Employees have a right to request their employment records, but which records can they request? And how quickly do employers have to produce them? And who should they be produced to? And is there a way for...more

HaystackID

[Webinar] eDiscovery Excellence with M365 Purview: Best Practices for Legal Holds, Collections, and Records Management - February...

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Join M365 eDiscovery and records management experts Jason Covey, Nate Latessa, and Shukra Kichambare as they discuss best practices for managing legal holds and collections in M365 Purview eDiscovery. They’ll also explore how...more

Tucker Arensberg, P.C.

OOR Confirms that Local Agencies Can Provide Responsive Records in PDF Format

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In Forrest v. Erie City, AP 2023-1701 (Sept. 28, 2023), Erie City responded to a request for a list of all rental properties registered and licensed in the City in an Excel spreadsheet by providing a PDF conversion of the...more

Tucker Arensberg, P.C.

Commonwealth Court Establishes New Test to Determine if Social Media Posts Are Subject to a Rtkl Request

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Penncrest School District. v. Cagle, 293 A.3d 783 (Pa. Cmwlth. 2023). The Commonwealth Court of Pennsylvania establishes a three-part test that must be used to determine if an individual’s social media post is a record of an...more

Health Care Compliance Association (HCCA)

OCR: UHC Admitted Worker ‘Error’ Left Records Request Languishing in the Mail, Pays $80,000

Start with a records request. Add a seven months’ wait. Stir in the chaos of the pandemic, with most employees working from home. Blend in a perhaps-neglected post office box. Bake for two-and-a-half years....more

Littler

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

Littler on

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

Marshall Dennehey

County Prosecutors Association of New Jersey Not a Public Entity and Not Subject to the Open Public Records Act

Marshall Dennehey on

The plaintiff, the American Civil Liberties Union of New Jersey (ACLU), served the County Prosecutors Association of New Jersey (CPANJ) with a request to produce documents pursuant to the Open Public Records Act (OPRA). The...more

Pullman & Comley - School Law

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

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

Pullman & Comley - Connecticut Health Law

Factors for Connecticut Health Providers to Consider When Responding to “Required by Law” Requests for Disclosure of Protected...

In June 2022, the HHS Office for Civil Rights issued new HIPAA Privacy Rule Guidance in response to the Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization and state legislation which followed the decision...more

Pullman & Comley - School Law

A Look In Through the Out Door: The FOIA and Employee Exit Interviews

It is a common practice for employers to conduct exit interviews with departing employees.  Without even discussing employment law issues (not to mention issues over the appropriate roles and responsibilities for school...more

BakerHostetler

2022 DSIR Report Deeper Dive: OCR’s Right of Access Initiative

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​​​​​​​In 2019, the U.S. Department of Health & Human Services, Office for Civil Rights (OCR) announced its Right of Access Initiative, promising to prioritize patients’ rights to receive timely copies of their medical...more

Arnall Golden Gregory LLP

Brace Yourself: OCR HIPAA Enforcement for Dental Practices Continue to Focus on Patient Right of Access

Recently, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced three more resolution agreements settling alleged violations of the HIPAA right of access. These agreements bring...more

Hendershot Cowart P.C.

My Practice Received a Letter from an Insurance Company SIU – What Should I Do?

Hendershot Cowart P.C. on

SIU stands for Special Investigation Unit, and nearly all insurance companies have one, especially health insurers. SIUs exist to investigate complaints of fraud, waste or abuse, and train claims personnel to recognize and...more

Arnall Golden Gregory LLP

The Latest HIPAA Enforcement News From HHS OCR

In recent weeks, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) has announced 12 resolution agreements settling alleged violations of the HIPAA rules. Covered entities and business...more

Akerman LLP - Health Law Rx

Healthcare Providers: Add OCR’s Latest Right of Access Settlements to Your Summer Reading List

The Office for Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) announced on July 15, 2022, that it has resolved 11 investigations conducted under the Health Insurance Portability and...more

Robinson+Cole Data Privacy + Security Insider

OCR Settles Eleven More Cases Under Right of Access Initiative

Making quite the statement on July 15, 2022, the Office for Civil Rights (OCR) announced in a press release that it had recently settled an additional 11 cases under its Right to Access Initiative. These settlements bring the...more

Tucker Arensberg, P.C.

Commonwealth Court Holds that the Failure to Identify a Transaction or Activity of an Agency in a Request for Records Under the...

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Methacton Sch. Dist. v. Off. of Open Records of Cmmw., 250 C.D. 2021, 2021 WL 6122163, at *1 (Pa. Cmmw. Dec. 28, 2021). The Commonwealth Court of Pennsylvania holds that a request for the emails of four individuals over a...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Latest HIPAA Enforcement Actions

The Office of Civil Rights (OCR) has released information on its latest Health Insurance Portability and Accountability Act (HIPAA) enforcement actions. The government continues to pursue investigations and administrative...more

Bricker Graydon LLP

[Ongoing Program] Student Confidentiality Laws in Higher Education - June 22nd, 12:00 pm - 1:00 pm CST

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Higher Education CLE Webinar Series | Presented by Bricker & Eckler and the Southern Illinois University School of Law - Join us for a free webinar series in the month of June on important topics in higher education. ...more

Weintraub Tobin

California Employment News: How to Comply With and Use Employee Record Requests to Your Advantage

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In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss steps that employers can take to comply with employee records requests, while also mitigating the risk of potential workplace violation...more

Houston Harbaugh, P.C.

Understanding the Right to Know Law and Why Certain Documents May be Protected

Houston Harbaugh, P.C. on

You may notice water being diverted from a neighboring property onto your property. Or, perhaps you have concerns that the property located above yours seems to be shifting, and you fear a landslide....more

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