Check this page regularly for a collection of the most interesting and informative articles related to public records issues.
Kansas appeals court says secretary of state violated open records law by altering computer system
“By turning off the report capability, the secretary denied reasonable public access to that public record and the information within it,” Justice Stephen Hill wrote in the appeals court decision. “That action — choosing to conceal rather than reveal public records — violates KORA.”
A Legal Guide to PRIVACY AND DATA SECURITY 2023
This Guide was prepared for Minnesota-based businesses. Data, however, crosses state and national borders, and thanks to the Internet, most businesses have now become global. It is no longer safe to just consider Minnesota and U.S. laws and federal regulations when it comes to data privacy and security. For this reason, we have included some basic information on data privacy laws outside of the United States.
Marsy’s Law Flaws Result in Secrecy
Even around Tampa Bay, the law has been applied differently. The Hillsborough and Pasco sheriff’s offices and the Tampa Police Department have been redacting all victim information from case records automatically. The St. Petersburg Police Department and the Pinellas County Sheriff’s Office have only invoked Marsy’s Law if a victim specifically requests it. Once cases reach State Attorney’s Offices, it becomes the decision of prosecutors how and what information to keep private. As with police agencies, those decisions have differed from county to county, undermining Florida’s long commitment to open government and creating uneven levels of public access.
Transparency organizations raise concerns about Uniform Law Commission’s redaction initiative
The Uniform Law Commission has created a committee to study “Redaction of Personal Information from Public Records,” intended to protect certain public officials and others.
The letter from government transparency organizations raises three main concerns regarding the ULC’s study of redaction of personal information from public records.
Iowa Requires Reasonable Efforts to Provide Records at No Cost and to Reduce Charges for Records
Representative Megan Jones of Sioux Rapids said the law “strikes a balance” between state and local governments and the requesters of public records, but it’s also an important check on some corporations that go on data mining expeditions through public records.
Public Records Law and State Legislatures
To help increase transparency and public awareness of government decision-making, all 50 states have enacted laws that require certain government records to be open to the public. At the same time, some records are exempt from public access and disclosure, such as information related to physical or digital security, sensitive personal information and records that are restricted by federal law.
Bill would require public agencies across Alabama to respond to public records requests
The bill, SB 196, sponsored by Arthur Orr, R-Decatur, would require that requests for public records receive an acknowledgement within six business days. The office would have 16 business days to make a decision to approve, deny or deny in part the request. If denied, the agency would need to provide a reason.
After a Soldier Died by Suicide, His Family Was Denied the Police Records. Texas Law Makes That Possible.
However, law enforcement agencies have often used the exception, sometimes referred to as the dead suspects loophole, to withhold information in cases in which suspects die in police custody or at the hands of police officers. KXAN-TV, an Austin television station, published an extensive series on the practice in 2018.