Transcript
Getting the goodsJennifer LaFleur
Reveal | The Center for Investigative Reporting
First, know what laws govern the records
you are seeking
p.s. Hang in there - cat video later
Two sets of laws
State open-records laws (which includes public universities)Federal Freedom of Information Act (which can relate be helpful in cases where universities participate in federal grant programs)
What do state laws cover?
State, city and county governmentsPolice departmentsSheriff’s departmentsState and municipal courtsSchool districtsCharter schoolsQuasi-governmental agencies
State laws typically don’t cover
Answers to questionsInformation that an agency has to create
State records laws
Many are similar to FOIA – but differ as what organizations are covered, exemptions and procedures.They are called different things and you cite them differentlySome states have an administrative appeal process.
TX – Required to go to AGMO – Rep must ask for rulingCA – Nope
What does FOIA cover?
U.S. federal agency recordsPaper, electronic, tape recordings, dataSometimes (but not always) government contractor’s records
Does not coverCongressThe CourtsAnswers to questions
The nine exemptions to FOIA
1. National Security 2. Internal agency personnel rules3. Information exempt by other laws4. Trade secrets5. Internal agency memoranda 6. Personal privacy7. Law enforcement investigations8. Federally regulated banks9. Oil and gas wells
HIPAA
Health Insurance Portability and Accountability Act Designed to protect patient information and covers entities that electronically transfer patient information.
A check list to help negotiate for data and records, of all kinds (in a perfect world):
Assume the records are public. They belong to the taxpayers/tuition payers
The basics steps for requesting records
File a request – that starts the time clock and creates a paper trail.Find out who it should go to and what you should ask forLetter should describe what you’re asking for
Request an itemized cost estimate Provide all possible contact informationNote that you’re willing to negotiate
Turning No into Yes
Know the lawDo your homeworkBe persistentAppealWho else has the same records?Check retention schedulesAsk for record layout for electronic recordsCarry a flash drive
Massachusetts municipal records retention
Dos and Don’ts
Know what you’re asking forFollow, follow, followPick it upKnow the lawBe willing to negotiate Write about it
Dos and Don’ts
Know what you’re asking forFollow, follow, followBe willing to negotiate Pick it upKnow the lawWrite about itBe ready for excuses
FERPA
Our computer system can’t do that.
We can give you only printed pages
We don’t have the authority to do that
Our database is on a mainframe and it’s very complicated, Missy
We don’t have the authority to do that
That will cost $25,000.
That uses proprietary software.
We don’t keep that on computer
That information is protected by law
Okay, we do, but it’s a lot of files
Where to get more informationStudent Press Law Center: www.splc.orgIRE: www.ire.org State attornies general – for state recordsReporters Committee: www.rcfp.orgNational Freedom of Information Coalition:
www.nfoic.org
Jennifer LaFleur
Reveal | The Center for Investigative Reportingjlafleur@cironline.org
www.revealnews.org
@j_la28
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