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Access to
Information
No constitutional right for
journalists to gather information or have access to files.
General rule: If public
can’t do it, neither can journalists.
Access to
Information
Freedom of Information Act
Congress passed it in 1966.
Requires that records be released
whenever possible and withheld only when necessary by federal agencies.
FOIA
Realities
Journalists:
Say agencies still stonewall.
Exemptions too broadly
interpreted.
Agency officials:
Say too much disclosed.
Compliance an undue burden.
FOIA
Definitions:
Agency: any executive or military
department, Government-owned or controlled corporation, … or independent regulatory
agency.
Record: not defined, but must be
tangible, reproducible, and record government activity.
FOIA
Who can seek disclosure?
Acts says "any person"
-- includes corporations, businesses, foreigners.
How do you get disclosure?
Informally or formally.
File a request with information
officer.
Pay fee for search and copying in
some cases.
Appeal denial or delay in federal
district court.
FOIA
Exemptions
National security.
Agency rules and practices.
Internal personnel rules;
regulations on filing, parking, cafeteria use, sick leave.
Statutory exemptions.
Confidential business
information.
FOIA
Exemptions
Agency memoranda -- work
documents, opinions and recommendations.
Personnel, medical and similar
files
Similar -- any information about
a specific person.
FOIA
Exemptions
Law enforcement investigation
records if disclosure would
Invade personal privacy.
Reveal protected techniques.
Disclose identity of source.
Endanger someone’s life.
Deny defendant a fair trial.
Interfere with ongoing
investigation.
FOIA
Exemptions
Banking reports
Information about wells.
Other laws that affect records
access
Privacy Act of 1974
Buckley Amendment
Drivers Privacy Protection Act
Federal Open
Meetings
Sunshine Act of 1976
Requires 50 federal agencies,
boards, commissions, etc., to meet in public.
10 exemptions, however.
Congress
Required by Constitution to
publish journals in both houses. Most sessions open, many committees.
State Laws
All 50 states have records and
meetings laws
Florida has constitutional
amendment requiring that most local agency records and meetings be open.
Florida Laws
Florida Constitution requires
that meetings and records be open unless there is a specific exemption.
The bad news: The Legislature has
passed more than 700 exemptions to the open meetings and public records laws.
Florida Laws
Highlights
You do not have to say why you
want a record or show I.D.
Agencies must give reasonable
notice of meetings.
Private companies may be subject
to laws if they are doing a traditionally public function -- running jail, publicly funded
hospital, etc.
Florida Laws
Penalties
Failure to comply with public
records and open meetings laws may result in fines, up to six months in jail, and removal
from public office.
Rarely goes that far, however.
Usually public officials just promise to read the law.
© A.L. Fargo 2001
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