Mining the Government for Data 2012

7/31/2019 Mining the Government for Data 2012

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JACC State Convention 2012


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Sunshine Week is a national initiative to promote adialogue about the importance of open governmentand freedom of information. Participants include newsmedia, civic groups, libraries, nonprofits, schools andothers interested in the public's right to know.

March 11-17, 2012


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Unless specifically exemptedunder FOIA, public records

presumed to be open to public In 2007: 21.4 million FOIA requests

madeNine major exemptions to prevent

disclosure of sensitive/personal infoAmendments to FOIA:

1974: lower search and duplicationfees, or feewaivers for research for public interest

1986: standardized fee schedules

1996: Electronic FOI amendments: morelater!


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To agencies,departments andgovernment-controlledcorporations ofexecutive branch offederal government (not

states) Examples: State

Department, FCC, FTC,SEC, U.S. Postal Service

Notto President and


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Steps: Informal phone call: ask for

FOI officer, make request clearly

Written letter, requesting replywithin 10 days, by certified mailor fax

Appeal to agency head, requesting

reply within 20 days File suit in federal court nearest your

area if all else fails Be clear about how much you are

willing to pay before you order, andfind out how much things cost


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1. National security: difficult todisputerelease of info might causeharm to national security or foreignpolicy of the U.S. All agency must show is appropriate

classification 2. Internal rules and practices: material

that might divulge agencysinvestigatory/ prosecutorial practicescan be withheld High 2 and Low 2 distinction is no more

3. Statutory exemptions: fed. statutesexempt classes of infocourts balance

statutesto determine if info should be divulged


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4. Trade secrets: protects foodformulas, etc.info supplied byprivate firms for regulatory reasons

that includes such info exemptfrom disclosure (includes customerlists, market share information,profit/loss statements) Reverse FOIA suits: attempts by

companies to get info withheld5. Executive privilege: inter- or

intra-agency memos or letterspre-

decisional documents not available;ost-decisional documents are


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6. Personal privacy: personnel andmedical files, disclosure of whichwould constitute invasion of

privacy (medical exams, job evals)7. Law enforcement investigations:protected, but only to extent thatreleasing might: (a) interfere with law enforcement (b) deprive person of fair trial (c) be invasion of personal privacy (d) disclose identity of confidential

source or of material in a case

(e) disclose guidelines for law


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8. Banks: protects fed.agency reports aboutconditions of banks andfinancial institutions

under federal regulations 9. Oil wells: protectsagainst speculationbased on info on mapsand other geographical

information that must befiled with government

More info is withheldunder Exemption 7 than

any other exemption!


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Electronic Freedom ofInformation Act Amendments of1996: not only making infoavailable in electronic format! Requires agencies to make it easier

for public to identify and access

records Facilitates computeriz-

ation of FOI compliance Reforms timetable and

procedures agencies


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Amendment to FOIA, signed by Pres.Bush on Dec. 31, 2007 to overcomeAshcroft memo that encouragedagencies to lean against disclosure in

areas implicating national security Important elements: Requires an online tracking system

for requesters Creates a govt-wide office to arbitrate

disputes Establishes penalties for FOIA offices that

take longer than allotted response times Clarifies the definition of news media

status (to be more inclusive of freelancers)

Limits search and duplication fees


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Thats OK! Many agencies maintainreading rooms with publicdocuments so you can get a senseof what kinds of records held by

an agency or ideas for research FBI Vault: http://vault.fbi.gov/ FCC Electronic Reading Room:

http://transition.fcc.gov/foia/e-room.html

SEC Electronic Reading Room:http://www.sec.gov/foia/efoiapg.htm Department of Education Reading

Room:http://www2.ed.gov/about/offices/list/ocr/
http://vault.fbi.gov/http://transition.fcc.gov/foia/e-room.htmlhttp://www.sec.gov/foia/efoiapg.htmhttp://www2.ed.gov/about/offices/list/ocr/publications.htmlhttp://www2.ed.gov/about/offices/list/ocr/publications.htmlhttp://www.sec.gov/foia/efoiapg.htmhttp://transition.fcc.gov/foia/e-room.htmlhttp://vault.fbi.gov/


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Redaction of sensitive/personalinfo can sometimes result in

useless dataGlomarization agency can

refuse to confirm or denyexistence of a record New rules may increase the use of

this tacticLengthy delays

High fees


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On his first day in office, PresidentObama directed all federal agencies tobreak down barriers to transparency,participation, and collaboration

Open Government Initiative (OGI): May2009, contains specific orders/deadlinesincluding: Publish government info

online Improve quality of govt info Create and institutionalize a

culture of open govt

Create an enabling policyframework for o en ovt


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Open Govt Initiative:http://www.foia.gov/

Free government data:http://www.data.gov/ProPublica, investigative

reporting with heavy use of FOIArequests:http://www.propublica.org/

Reporters Committee on Freedom

of the Press FOIA page:
http://www.foia.gov/http://www.data.gov/http://www.propublica.org/http://www.rcfp.org/foiahttp://www.propublica.org/http://www.data.gov/http://www.foia.gov/


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California Public RecordsAct:applies to recordsmaintained by state and

local government agencies at alllevels Section 6250: In enacting this chapter,

the Legislature, mindful of the right of

individuals to privacy, finds and declaresthat access to information concerning theconduct of the peoples business is afundamental and necessary right of everyperson in this state

Applies to all state governmental agenciesfederal a encies are covered b the


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Any writing containinginformation relating to theconduct of the publics

business prepared, owned, used orretained by any state or local agencyregardless of the physical form orcharacteristic (paper, electronic, etc.)

If there is information that is exempt(personal data, for example) agency isrequired to redact or segregate theexempt information and provide the

non-exempt if the task is not onerous


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Personnel records Preliminary drafts of final reports Pending litigation (including attorney-client

privilege)

Deliberative process/executive privilege(documents can be withheld that wouldhinder the agencys decision-making if madepublic)

Public interest (a balancing test) Law enforcement records investigatory and

arrest records, incident reports, arrestreports, accident reports, police or peaceofficer personnel records or citizen

complaints (dont forget that many of these


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Make your request for information asclearly and specifically as possible Cite names, dates, locations or any other

info that will help the government worker

locate the data you want Fees: they must be reasonable Agencies are entitled to 10

working days if there is a

question on a documentsexemption (but this 10-dayperiod cannot be used tointentionally delay obviously

open records)


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To inspect any image, writing ortechnologically recorded or stored itemcontaining info relating to the conduct ofthe publics business prepared, owned,

used or retained by any state or localagency

To be given access to those records at alltimes during normal business hours andto be given legal justification if recordsare withheld

To receive records without delay To be given justification for denial within

10 days from the date of request (or 14

under unusual circumstances)


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Legislative Open Records Act:coversany writing which containsinformation relating to the conduct ofthe peoples business prepared,

owned, used or retained by theLegislature (section 9072(c)) Similar provisions to CPRA Exemptions: preliminary drafts,

personnel files, pending litigation Also includes electronic data files Right to bring action for relief; a

court will examine the requested

record and determine disclosure


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California Constitution amended to: Provide right of public access to meetings of

government bodies and writings of governmentofficials

Provide that statutes and rules furthering publicaccess shall be broadly construed, or narrowlyconstrued if limiting access

Require future statutes and rules limiting access tocontain findings justifying necessity of thoselimitations

Preserve constitutional rights including rights ofprivacy, due process, equal protection; expresslypreserves existing constitutional and statutorylimitations restricting access to certain meetingsand records of government bodies and officials,including law enforcement and prosecution records


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First Amendment Coalition:http://www.firstamendmentcoalition.org

Californians Aware:http://www.calaware.org/

Student Press Law Center:http://www.splc.org/

ACLU of Southern California:http://www.aclu-sc.org/
http://www.firstamendmentcoalition.org/http://www.calaware.org/http://www.splc.org/http://www.aclu-sc.org/http://www.aclu-sc.org/http://www.splc.org/http://www.calaware.org/http://www.firstamendmentcoalition.org/


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Mining the Government for Data 2012

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