separate ▸ States vary widely from each other ▸ Fees can be charged, but governed by law ▸ Services exist to file open records requests for you ▸ Submission preferences vary: email, mail, forms ▸ Redaction is solution for commingled public/private data
jerk. Follow the rules. ▸ Be specific. But be broad enough. ▸ Figure out what exists. They don’t create new records. ▸ Learn the collection method. ▸ FOIA the FOIAs. FOIA the indexes. FOIA the schema.
person and the “worker” person. ▸ If you know a record exactly, describe it. ▸ Always cite the statute. Always keep a communication log. ▸ Be reasonable about response time. ▸ Copy someone who also might care.
Documents legally designated as secret 2. Internal agency rules and practices 3. Congress, President, Federal Courts, or protected by a specific law 4. Trade secrets, including financial information 5. Internal deliberative memos 6. Personnel, medical or similar records that would invade privacy 7. Law enforcement records that would compromise privacy, fairness, etc. 8. Certain records on supervision of financial institutions 9. Geological and geophysical information on gas and oil wells
formal with FOIA officers. ▸ No “deliberative memo” exemption. ▸ Attorney general can advise but not enforce. ▸ Law requires agencies to keep index of databases.
of data fields ▸ Description of the record layout ▸ Frequency of updates ▸ List of data fields that aren’t public ▸ Description of available formats ▸ Schedule of fees
agreeing to it. ▸ Actual cost of copies is allowed, including digital. ▸ Extra staff time for tech work can cost. ▸ Can charge fee to create or compile new records. ▸ Cost estimate can be appealed. ▸ Govt cannot charge to separate private data from public.
files. Some data public (name, salary). ▸ Privileged attorney communications. ▸ Some state and local income tax information. ▸ Trade secrets. ▸ Details of criminal investigations. SBI exempt totally. ▸ 911 database of phone numbers, locations, names.
request information under the Freedom of Information Act (5 U.S.C. Section 552) (((STATE: North Carolina Public Records Statute (NCGS Section 132-1)))). I am requesting the following data, in whatever digital form these records may be kept. ‣ Data structure and dictionaries for the Medical Examiner Information System ‣ All publicly available tables and fields in the MEIS database ‣ All public records from 2006 to present Please label the tables. If possible, please provide them as delimited text files on the department's FTP site. I also am willing to provide an external storage device, if needed. I understand that there may be reasonable fees allowed by law. (((IF TRUE: I am a web developer who is seeking to enable citizens better access to public information. This request is not for a commercial use and I am requesting a waiver of fees. Disclosure of the requested information is in the public interest and my resulting web application will be made available to the general public.))) If you estimate that the fees will be more than $100, please inform me by email before fulfilling my request. If you take the position that these records are not subject to the open records law cited above, please provide a written explanation of the basis for your position, including the statute, regulation or other authority you relied on to reach that position. As required under FOIA, I look forward to hearing from you within 20 business days. (((STATE: I would appreciate a response by Oct. 15, 2016.))) Please contact me immediately if you have any questions about this request. I can be reached at 704-555-1212 or [email protected]. Sincerely, Patsy Squire CC: Dept head; your attorney; head of institution; elected official
▸ Try to figure out what exists. ▸ Check to see if anyone else has it or part of it. ▸ Ask in writing, nicely and clearly. CC someone. ▸ Wait. Check back. Wait. Keep a communication log. ▸ Appeal or escalate.
contacts ▸ MuckRock. Free info plus paid service ▸ Reporters Committee for Freedom of the Press ▸ U.S. Freedom of Information Act (5 U.S.C. Section 552) ▸ North Carolina Public Records Statute (NCGS Section 132-1) ▸ State-by-state report from National Association of Counties ▸ Investigative Reporters and Editors guide ▸ NC Open Government Coalition and NC Media Law handbook ▸ Charlotte Observer databases and Raleigh News & Observer databases