ACP Getting the Goods

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

SPLC

RCFP

Jennifer LaFleur

Reveal | The Center for Investigative [email protected]

www.revealnews.org

@j_la28