News & Analysis as of

Transparency Public Records

Estlund Law, P.A.

Lyon, France: INTERPOL’s CCF – Dates, Delays and Decisions(post 3 of 3)

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Today’s post will address the limited publicity of some of the CCF’s decisions....more

Best Best & Krieger LLP

California Advanced Records Center Updates – What’s New in 2025

In the Advanced Records Center (ARC) section of the New Laws series from Best Best & Krieger LLP (BBK), new legislation related to the California Public Records Act (PRA) includes takeaways and analyses of AB 134, AB 1147, AB...more

Pagefreezer

How City & State Government Agencies Can Scale Open Records Request Processes

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In the always-on, hyper-connected digital age, you'd think it would be relatively straightforward to produce records for Freedom of Information Act (FOIA) or open records requests, but it can be incredibly labor intensive,...more

Roetzel & Andress

Public Records Language to Allow Police Departments to Charge for Production of Bodycam Videos

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House Bill 315, the township omnibus package, was signed into law by Governor Mike DeWine on January 2, 2025 and goes into effect on April 2, 2025. This bill permits law enforcement agencies to charge for the cost of...more

Warner Norcross + Judd

Michigan’s Proposed FOIA Bills Extend Transparency to Governor and Legislature

Warner Norcross + Judd on

Michigan’s Freedom of Information Act (FOIA) has long shielded the state’s highest levels of government, exempting the governor’s office and legislature from FOIA requests. The only other state with such an exemption is...more

Robins Kaplan LLP

The Robins Kaplan Justice Report - Vol. 18, No. 3

Robins Kaplan LLP on

MAKING THE WHOLE TRUTH PUBLIC: THE FIGHT TO RELEASE BODY-WORN CAMERA FOOTAGE IN SECTION 1983 LITIGATION - Body-worn cameras were heralded as a promising innovation in the fight against crime and police misconduct. But in...more

Saiber LLC

New Jersey Governor Amends Its Open Public Records Act

Saiber LLC on

On June 5, 2024, Governor Phil Murphy signed into law the first comprehensive reform to New Jersey’s Open Public Records Act (OPRA) since its passing in 2002. This amendment to the long standing legislation was met with much...more

Mandelbaum Barrett PC

Understanding Estate Planning: Are Wills Public Record? – Your Questions Answered

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Exploring the Visibility of Wills: Understanding Public Record in Estate Planning - Wills serve as vital documents outlining the distribution of finances, possessions, and property after an individual’s passing. It’s common...more

Troutman Pepper Locke

HHS Releases Highly Redacted Rescheduling Letter to DEA: An Analysis of Exemption 5 to FOIA

Troutman Pepper Locke on

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. In the U.S., the primary mechanism by which...more

J.S. Held

Reclaiming Your Privacy in the Digital Age

J.S. Held on

When you picture someone casing a house, a suspicious character in a white van parked down the street probably comes to mind. However, in today’s increasingly online world, bad guys can also enjoy the perks of working from...more

Snell & Wilmer

Check Your Privilege: The Arizona Supreme Court Clarifies the Scope and Application of the Legislative Privilege in Fann v. Kemp

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The ability to petition one’s leaders is long recognized regardless of the form of government. Ever since the Watergate Scandal, the United States has taken the lead on transparency in governmental acts and the interaction...more

Lathrop GPM

A Win for Open and Transparent Government in Missouri

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In a win for open and transparent government in Missouri, the Missouri Supreme Court ruled that the Missouri Sunshine Law prohibits public governmental bodies from charging persons who request public records under the...more

Franczek P.C.

Illinois Supreme Court Agrees with City of Chicago regarding Destruction of Police Officer Misconduct Records

Franczek P.C. on

In a decision applauded by citizens of the City of Chicago and its leadership, the Illinois Supreme Court found that a provision in the collective bargaining agreement between the Fraternal Order of Police, Chicago Lodge No....more

Harris Beach Murtha PLLC

Repeal of Civil Rights Law 50-a Makes Police Disciplinary Records Public Through FOIL

Municipalities in New York State should be ready to respond to an increased amount of Freedom of Information Law (“FOIL”) requests as a result of a bill just passed in both houses of the New York State Legislature and signed...more

Association of Certified E-Discovery...

Court’s Police Body Camera Opinion Highlights E-Discovery Issues

The California Supreme Court recently issued an opinion that analyzes the public disclosure of police body camera footage and demonstrates the overlap between e-Discovery processes and other records production schemes. The...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

McManis Faulkner

The Right of Access to Information in the Time of COVID-19

McManis Faulkner on

“Openness in government is essential to the functioning of a democracy.” This straightforward declaration by the California Supreme Court bears repeating during the COVID-19 health crisis.  “Newspapers, television, radio, and...more

Best Best & Krieger LLP

Record Disclosure Obligations for California Police

BB&K's Christine Wood Gives Updates on AB 748 and SB 1421 in PublicCEO - Now, more than ever, Californians have greater access to police personnel records, body and dashboard camera footage and other recordings acquired by...more

Best Best & Krieger LLP

California Attorney General’s Office Clarifies its Information Bulletin Regarding Public Access to Police Records - Information...

Senate Bill 1421 affords the public access to police personnel records related to reports, investigations and findings, via the California Public Records Act process (not the familiar Pitchess process)....more

Best Best & Krieger LLP

BB&K Attorney Gary Schons Conducting Review of Police Use of Communication App - TigerText, Used in Long Beach, Automatically...

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The City of Long Beach has hired Best Best & Krieger LLP Of Counsel Gary Schons to conduct an independent investigation into the Long Beach Police Department’s use of a controversial communications app. TigerText, which...more

Best Best & Krieger LLP

AB 748: More Public Access To Body Camera Footage Under PRA - Amendment To California Law Gives Public Agencies More...

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The California public will have a greater right to access police body camera footage, and any other audio or video recording acquired by any police agency or state prosecution office, under the Public Records Act with the...more

Latham & Watkins LLP

European Court of Justice Delivers Victory for EU Transparency and Accountability

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Landmark ruling requires the European Commission to disclose impact assessments used as a basis for its legislative decision-making process. The Grand Chamber of the Court of Justice of the European Union recently issued a...more

Hogan Lovells

FDA Proposes New Rule to Increase Transparency and Access to Agency Documents Under FOIA

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The Food and Drug Administration (“FDA” or “the agency”) recently issued a proposed rule that will ease the Freedom of Information Act (“FOIA”) request process for certain records within FDA’s possession. The proposed rule...more

Best Best & Krieger LLP

Police Arrest Videos Not Considered Confidential

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The California Supreme Court recently denied considering an appellate court ruling from a case in Eureka that police arrest videos cannot be considered confidential officer personnel records and therefore kept from public...more

Troutman Pepper Locke

Pennsylvania Legislature Seeks to Limit Access to Police Video Recordings

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The bill establishes a more restrictive process for obtaining video than the courts have provided for under the Right to Know Law. The Pennsylvania Senate passed a bill on October 19 that would prohibit police body...more

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