Archives
You are welcome to browse our collection of older articles and papers below.
State board asked to block agencies from destroying public records
By then, the phone had been purged of all text messages, IWD officials told the public information board. The board issued a finding that IWD had violated Iowa’s Open Records Law, but it then dismissed the Capital Dispatch’s complaint with no further action taken.
A mother’s quest for openness provides map for spurring change
The data she collected that day, in May of last year, included the trajectory report of the 13 bullets Overland Park police officer Clayton Jenison had fired in January 2018, when he shot and killed Albers’ son, John, as the 17-year-old backed the family minivan out of the garage.
ACLU, NAACP sue over South Carolina ban on ‘scraping’ court records
"This case is about ensuring core First Amendment principles, like the right to access public court filings, are applied in a way that meets our rapidly expanding digital reality," Allen Chaney, the ACLU of South Carolina's legal director, said in a statement.
New Jersey Supreme Court affirms public right to access records on law enforcement misconduct
When Libertarians for Transparent Government learned that a corrections officer had admitted to sexually abusing an inmate at the Cumberland County Jail, the nonprofit group filed an OPRA request with the county seeking the settlement agreement the county had reached with the officer. County officials claimed the settlement was exempt from disclosure under the state’s public records law because it was a personnel record. Instead of releasing the agreement, the county provided some information in a written statement and claimed that the officer was terminated.
MT Pays $60k, Settles Public Records Case Over Pipeline Docs
Indigenous groups and other opponents of the Dakota Access Pipeline in nearby North Dakota staged large protests during a six-month span starting in 2016 that resulted in the arrests of 761 people.
The Montana Department of Justice, which handled the state's defense in the public records case, argued the documents being sought qualified as “confidential criminal justice information,” which are exempt from disclosure under Montana's right-to-know laws.
Public records bill would impact reporting on government probes
As part of the city of Moab’s internal investigation into their police department’s encounter with Petito and Brian Laundrie, officers made Garrity statements. Ultimately, the investigation found that the officers made “unintentional mistakes” by not citing Petito for domestic violence.
Bill would change Utah public records law, aims to limit ‘vexatious requests’
Bradfield said the goal is to limit "vexatious requests" in order for government entities to run more smoothly and address more "legitimate" requests in a timely manner. He emphasized that the bill would not prevent someone from filing a public records request, and that requesters would have 36 free requests a year.
Student newspapers are seeking to expand access to public records on crimes on campus
Generally, student records, both academic and disciplinary, are protected by a FERPA, which is a federal law limiting access to educational information. However, one FERPA exemption says that an institution can disclose disciplinary records when the student is the alleged perpetrator of a violent crime or a nonforcible sex offence.
Let’s Remove Obstacles That Keep Citizens From Getting Government Records
This is a good bill that should become law, and it is encouraging to see lawmakers advancing such ideas — something that stands in contrast to other bills that seem a step in the opposite direction when it comes to transparency, accessibility and accountability.
International Cybersecurity and Data Privacy Outlook and Review
2021 saw an increasing number of data protection bills and laws passed across numerous international jurisdictions. Notably, China, the UAE, Brazil, Russia and Switzerland, among others, passed new laws, amendments or implementing regulations paving the way for a new round of significant data privacy regimes. It is expected that international authorities will make full use of their new powers in order to apply and enforce their respective data protection legislation in the near future.
Federal judge rules Virginia’s restricted access to court records violates First Amendment
In the opinion, Judge Henry Hudson wrote, “It is well-settled that the press and public have a right of access to most, if not all, civil court records.” Hudson explained that excluding non-attorneys from having online access to civil filings is “not narrowly tailored to preserve a significant governmental interest and thus could violate the First Amendment.”
Years after a spate of questionable Utah in-custody deaths, Utah jail operating standards are now public records
The ACLU sought those standards, as well as audits reports of how the jails complied with the standards, after a rash of county jail deaths attracted attention to conditions inside county jails here. The Tribune learned 24 people had died in Utah jails in 2016; two years earlier, Utah had nation’s highest rate of jail inmate fatalities.
Group Backs Challenge to Marsy’s Law
Last week, Pinellas County Sheriff Bob Gualtieri and the Miami Civilian Investigative Panel, which is a police oversight board, also gave notice that they want to file friend-of-the court briefs backing the challenge to the appeals-court ruling. But attorneys for the Tallahassee police officers and the Florida Police Benevolent Association asked the Supreme Court to strike Gualtieri’s notice, saying it was improperly “argumentative.”
Seek Greater Transparency in Government Operations
A good example of transparent work is the Citizens Redistricting Committee, which met with the public (in person and online) around the state in the August-October 2021 period. Through these meetings members of the public were able to voice their concerns about a hugely important issue in representative government and the Committee members clearly heard those voices.
Biden’s executive order faces challenges trying to beef up US cybersecurity
The Executive Order on Improving the Nation’s Cybersecurity comes in the wake of numerous supply chain and ransomware attacks to address several key areas for improvement.
“Appeal filed in lawsuit over Eric Greitens’ use of self-destructing text message app” – Missouri Independent
Pedroli argued the Sunshine Law forbids deletion, destruction or even the removal of public records without the consent of an office’s custodian of records, and that by using Confide, Greitens and his staff were conspiring to ensure certain records could not be produced pursuant to an open records request.
Status Of Proposed CCPA-Like State Privacy Legislation As Of May 3, 2021 – JDSUPRA
In Colorado, the Colorado Privacy Act is set for a hearing on May 5 in the Senate Business, Labor & Technology Committee. Senator Rodriguez, who co-sponsored the bill, is the chair of the Committee. As we previously reported, Colorado’s legislative calendar states that the deadline for bills to pass out of the Senate was April 7. Nonetheless, it appears that lawmakers are treating that deadline as optional and proceeding with a hearing. The Colorado legislature adjourns on June 12.
“Officials use digital dodges to hide public records” – David Armiak, Wisconsin State Journal
This editorial in the Wisconsin State Journal focuses on a disturbing practice that allows state governments, higher education, and other organizations to use private portals in order to avoid open-record requests. This reveals that the trend toward using digital dodges to evade open records law extends beyond university settings, which were the focus of a recent Washington Post article outlining the practice among Big Ten Presidents.
“Bill To Crack Down On Car Warranty Scams In Texas Is A Blow To Transparency, Critics Say” – Houston Public Media
“It is unusual to have this many bills all going after public records at the same time,” said Richard Varn, executive director of the Coalition for Sensible Public Records Access. “Texas has a fairly good public records statute and a good history of providing access to public records in general.”
CCPA-Like Legislation News Spring 2021
This spring 2021 legislative session has been extremely busy for the consumer privacy act. To date, state lawmakers have introduced bills in 24 states. Alaska, Connecticut, Florida, Illinois, Minnesota, New York, Massachusetts, and Washington are considering multiple bills. One state (Virginia) has passed legislation whereas the bills in four states (Kentucky, North Dakota, Mississippi, and Utah) have failed.