Sunshine Week: Filing open records requests for Georgia, U.S. government

Citizens of Georgia can request public records under the Georgia Open Records Act, which governs the distribution of state records, as well as those of local public agencies in Georgia. Georgia open records requests, Sunshine Week, Georgia First Amendment Foundation

In previous posts, we explained how to file open records requests for Cobb government and Cobb schools. As the final part of this Sunshine Week series, this post will focus on state open records requests and those covered by the federal Freedom of Information Act.

The Georgia Attorney General’s Office has published and periodically updated its Citizens Guide to Open Government, in conjunction with the Georgia First Amendment Foundation and the Georgia Press Association.

The guide was last updated in 2014, following the passage of updated Georgia sunshine laws that lowered the cost of records from 25 cents to 10 cents a page (when there are fees that are charged) and stiffened the fines for violating the Georgia Open Records Act.

The 2012 update also allows the Attorney General to bring criminal as well as civil charges. Recently AG Chris Carr filed a criminal citation for the first time in a GORA case, against a former press aide to ex-Atlanta mayor Kasim Reed.

Georgia state government agencies have three working days to respond to requests for open records, and it is preferred they be made in writing, whether it’s print or online.

(Here’s a link to the state open meetings laws.)

There also are several types of records that are exempt from the law, meaning that they can be withheld or redacted. Other exceptions beyond the scope of the law are included here.

The Georgia First Amendment Foundation encourages requesters to “be specific about exactly the information you want,” including citations of state laws, and includes that in a sample form letter.

The GFAF also monitors transparency legislation and holds a legislative breakfast each session.

The open-government organization MuckRock notes that if an open records request is denied, there is no appeals process except through state superior courts.

The U.S. Freedom of Information Act became law in 1966 and covers federal government records requests.

The main website, FOIA.gov., provides research links, FAQs and background information, including the federal statute. It also includes information on requests previously submitted and submits annual reports on FOIA requests.

The General Services Administration also has a produced a brochure, Your Right to Federal Records.

Like state open records laws, the federal FOIA has exemptions, nine to be exact, which are summarized here.

Numerous independent and non-profit watchdog organizations monitor federal FOIA developments and conduct legal and other advocacy (see the list at the bottom of this post).

There also are numerous organizations that provide assistance and sample forms for filing FOIA requests from the U.S. government. They include:

  • iFOIA.org, from the Reporters Committee for the Freedom of the Press;
  • MuckRock, an open-government non-profit that allows users to file directly from its platform;
  • FIOAMapper, which tracks what it calls “hidden” public data.

More federal resources here from the FOI Center at the National Freedom on Information Coalition.

The National Freedom of Information Day wraps up Sunshine Week each year, and falls around the birthday of James Madison.

General resources

Sunshine Week

 

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