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Freedom of Information Act › Public Records

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 -
Morgan Lewis

State & Federal Public Records Laws: An Often-Overlooked Discovery Tool

Morgan Lewis on

Information and document requests under the Freedom of Information Act and analogous state public records laws can be powerful and relatively inexpensive tools in a party’s litigation toolbox and are not only reserved for...more

Pullman & Comley - School Law

The Latest on FERPA, FOIA and School Videotapes

Pullman & Comley - School Law on

Connecticut’s Freedom of Information Act (FOIA) generally provides access to records created by public agencies (including school districts).  However, the FOIA contains an exemption from disclosure for “educational records”...more

Bradley Arant Boult Cummings LLP

No. 10: Unlocking the Secrets of OSHA Inspections Through FOIA Requests

Bradley Arant Boult Cummings LLP on

Did you know that you can request files from OSHA? Under the Freedom of Information Act (FOIA), employers, employees, and third parties have the right to request documents from OSHA’s inspection files. These records provide...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

BakerHostetler

Federal Contractors Must File Objections to Prevent the Release of EEO-1 Reports Under FOIA

BakerHostetler on

On October 29, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a public notice that it received two requests for contractors’ 2021 Type 2 Consolidated EEO-1 Reports under the...more

Shipman & Goodwin LLP

See You In Court - November 2024

Shipman & Goodwin LLP on

Sometimes we hear that opposites attract, and such was the case between two members of the Nutmeg Board of Education. Board members Penny Pincher and Mal Content rarely see eye to eye on the challenges the Board faces, with...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

Pullman & Comley - School Law

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

Pullman & Comley - School Law on

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

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

Pullman & Comley - School Law

Welcome To The Board: What New Board Members Need To Know About The FOIA

Pullman & Comley - School Law on

Congratulations on your election to the board of education and thank you for volunteering your time to your community.  As you begin to embark on your board journey you will unfortunately, find that way too much of your time...more

FordHarrison

Federal Court Orders OFCCP to Release Federal Contractors' EEO-1 Reports

FordHarrison on

Executive Summary: On December 22, 2023, a federal court in California ordered the OFCCP to release the EEO-1 reports of federal contractors who had filed an objection to the agency’s release of their EEO-1 data in response...more

Troutman Pepper Locke

Virginia Appeals Court to Rule on Attorney-Only Public Records Access Limit

Troutman Pepper Locke on

Since 1967, the federal Freedom of Information Act (FOIA) has provided the public with the right to access records or information from any federal agency, except those records protected under legal exemptions. Each state has...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

Pullman & Comley - Labor, Employment and...

As The Leaves Are Changing - What Has (and Has Not) Changed with the FOIA?

Pullman & Comley - Labor, Employment and... on

As the summer (and your vacation) becomes a distant memory, and the days get shorter and colder, I’ll bet you have had passing thoughts about changes to Connecticut’s Freedom of Information Act’s (“FOIA”), especially in light...more

Franczek P.C.

FOIA Does Not Require Public Bodies to Compel Production of Third-Party Records

Franczek P.C. on

The Illinois Appellate Court recently ruled that the Freedom of Information Act (FOIA) does not obligate a public body to produce records that it does not already maintain in response to a FOIA request. Further, the Court...more

Troutman Pepper Locke

Are FOIA Laws in Need of Updating?

Troutman Pepper Locke on

The federal government, the District of Columbia, and each of the 50 states have Freedom of Information Act (FOIA) laws that allow individuals to file requests for specific public documents with government agencies and...more

Troutman Pepper Locke

Hidden FDA Report Raises Questions About Its Approach to Public Records and Premarket Tobacco Review

Troutman Pepper Locke on

FDA’s approach to a premarket tobacco product application (PMTA) raises new questions about whether its marketing denial order was arbitrary and capricious and whether the deliberative-process exemption justifies its...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

Franczek P.C.

PAC Issues Binding Opinion Regarding the Applicability of Predecisional Exemption to Employee Survey Results

Franczek P.C. on

Recently, the Public Access Counselor (PAC) issued a binding opinion concerning the Freedom of Information Act (FOIA). In the decision, the PAC upholds a school’s decision to utilize the Section 7(1)(f) (predecisional)...more

Franczek P.C.

PAC Issues Two Decisions in Favor of School District Decisions to Withhold Student Records and Proprietary Information

Franczek P.C. on

Recently, the Public Access Counselor (PAC) issued two non-binding opinions concerning the Freedom of Information Act (FOIA), both upholding school district decisions to exert exemptions and withhold key documents under the...more

Pullman & Comley - School Law

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

Pullman & Comley - School Law on

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

Snell & Wilmer

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

Snell & Wilmer on

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

Venable LLP

FOIL Law Simplified

Venable LLP on

Nearly anyone who can read a newspaper understands the meaning of a FOIL or FOIA request. FOIA refers to the Freedom of Information Act, which allows a requester to obtain documents from federal agencies, while its...more

Franczek P.C.

PAC Issues Two New Binding Opinions Concerning FOIA

Franczek P.C. on

The Illinois Public Access Counselor (PAC) recently issued two new binding opinions concerning the FOIA—one upholding a public body’s denial of a FOIA request for union records and another finding application materials for...more

Franczek P.C.

Illinois Appellate Court Issues New FOIA-Related Ruling Regarding Unduly Burdensome Exemption

Franczek P.C. on

The Illinois Appellate Court recently issued a new decision regarding the FOIA. In Kraft v. Chicago Police Department, the Court ruled in favor of the police department, finding it properly exempted records as unduly...more

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