Archives

You are welcome to browse our collection of older articles and papers below.

State board asked to block agencies from destroying public records
Celia Ffrench Celia Ffrench

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.

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A mother’s quest for openness provides map for spurring change
Celia Ffrench Celia Ffrench

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.

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New Jersey Supreme Court affirms public right to access records on law enforcement misconduct
Celia Ffrench Celia Ffrench

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.

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MT Pays $60k, Settles Public Records Case Over Pipeline Docs
Celia Ffrench Celia Ffrench

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.

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Public records bill would impact reporting on government probes
Celia Ffrench Celia Ffrench

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.

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International Cybersecurity and Data Privacy Outlook and Review
Celia Ffrench Celia Ffrench

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.

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Federal judge rules Virginia’s restricted access to court records violates First Amendment
Celia Ffrench Celia Ffrench

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.”

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Years after a spate of questionable Utah in-custody deaths, Utah jail operating standards are now public records
Celia Ffrench Celia Ffrench

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.

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Group Backs Challenge to Marsy’s Law
Celia Ffrench Celia Ffrench

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.”

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Seek Greater Transparency in Government Operations
Celia Ffrench Celia Ffrench

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.

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Status Of Proposed CCPA-Like State Privacy Legislation As Of May 3, 2021 – JDSUPRA
Celia Ffrench Celia Ffrench

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.

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“Officials use digital dodges to hide public records” – David Armiak, Wisconsin State Journal
Celia Ffrench Celia Ffrench

“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.

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CCPA-Like Legislation News Spring 2021
Celia Ffrench Celia Ffrench

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.

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