1. Getting the goods
Jennifer LaFleur
Reveal | The Center for Investigative Reporting

2. First, know what laws govern
the records
you are seeking
p.s. Hang in there - cat video later

3. 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)

4. What do state laws
cover?
State, city and county
governments
Police departments
Sheriff’s departments
State and municipal courts
School districts
Charter schools
Quasi-governmental agencies

5. State laws typically don’t
cover
Answers to questions
Information that an agency has to
create

6. 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
differently
Some states have an administrative appeal
process.
TX – Required to go to AG
MO – Rep must ask for ruling
CA – Nope

10. What does FOIA cover?
U.S. federal agency records
Paper, electronic, tape
recordings, data
Sometimes (but not always)
government contractor’s
records
Does not cover
Congress
The Courts
Answers to questions

12. The nine exemptions to FOIA
1. National Security
2. Internal agency personnel rules
3. Information exempt by other laws
4. Trade secrets
5. Internal agency memoranda
6. Personal privacy
7. Law enforcement investigations
8. Federally regulated banks
9. Oil and gas wells

14. HIPAA
Health Insurance Portability
and Accountability Act
Designed to protect patient
information and covers
entities that electronically
transfer patient information.

16. A check list to help negotiate for data and
records, of all kinds
(in a perfect world):

17. Assume the records are public. They belong
to the taxpayers/tuition payers

18. 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 for
Letter should describe what you’re
asking for
Request an itemized cost estimate
Provide all possible contact
information
Note that you’re willing to negotiate

19. Turning No into Yes
Know the law
Do your homework
Be persistent
Appeal
Who else has the same records?
Check retention schedules
Ask for record layout for
electronic records
Carry a flash drive

20. Massachusetts
municipal
records
retention

21. Dos and Don’ts
Know what you’re asking for
Follow, follow, follow
Pick it up
Know the law
Be willing to negotiate
Write about it

25. Dos and Don’ts
Know what you’re asking for
Follow, follow, follow
Be willing to negotiate
Pick it up
Know the law
Write about it
Be ready for excuses

26. FERPA

27. Our computer
system can’t
do that.

28. We can give
you only
printed pages

30. We don’t have
the authority
to do that

32. Our database is on a
mainframe and it’s
very complicated,
Missy
We don’t have the
authority to do
that

33. That will cost
$25,000.
That uses proprietary
software.

34. We don’t keep that on
computer
That information is
protected by law

35. Okay, we do,
but it’s a lot
of files

41. Where to get more information
Student Press Law Center: www.splc.org
IRE: www.ire.org
State attornies general – for state records
Reporters Committee: www.rcfp.org
National Freedom of Information Coalition:
www.nfoic.org

43. SPLC

44. RCFP

47. Jennifer LaFleur
Reveal | The Center for Investigative Reporting
jlafleur@cironline.org
www.revealnews.org
@j_la28