Open government laws are great tools for ensuring government accountability. Laws that provide transparency and access to information allow the public to “maintain control over the instruments that they have created,” and to ensure that these instruments of government are operating properly. Learn more about how you can hold government accountable.
Freedom of Information Act (FOIA)
The Freedom of Information Act (FOIA) and the Privacy Act both require federal agencies to provide copies of public records unless the records fall within a specific exception. The federal Privacy Act limits the availability of documents that identify private individuals, but also allows individuals to obtain copies of many documents about themselves. In many circumstances, federal agencies are allowed to charge for locating and copying documents, depending on the scope of the request.
Web Resources:
- Sample FOIA template, by the ACLU of Washington
- Citizens Guide to Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records, by the Committee on Government Reform
- FOIA Bloggers’ Legal Guide, by the Electronic Frontier Foundation
- Information about FOIA Requests and Appeals, by FOIA Advocates
Washington Public Records Act
“The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created.” Revised Code of Washington 42.56.030, (the Washington Public Records Act)
All state and municipal agencies in Washington must follow the Public Records Act (PRA), RCW 42.56. Most information retained by such agencies qualifies as public, and must be made available upon request. All information is presumed public unless a specific exemption applies.
To request information, simply write a letter to the appropriate agency specifying the records sought. Things to keep in mind:
- The PRA is broadly construed, but the information requested must qualify as a “record” in order to elicit a response. A record is a writing (including electronic documents) containing information about the government that is prepared, used or owned by a government agency. If there is any doubt as to whether the information sought qualifies, make sure to state why your request concerns an item falling within that definition.
- Ensure that the information you seek is an “identifiable public record.” You should identify the record with enough detail that a reasonable records officer will know what you’re looking for. While agencies must supply records that do exist, they are not required to “create” records that don’t exist. That said, they cannot deny a request simply for being overbroad, nor can they construe a request so narrowly as to avoid disclosing information that a reasonable records officer should know are responsive.
- You do not have to provide any specific information about yourself, nor do you have to explain why you want a record. Generally, agencies are forbidden from considering the identity of the requestor when determining if a record is public. Agencies may consider the purpose of the request when offered, but in most instances they may not require that a requester divulge their intent.
- You should indicate your willingness to pay a replication fee. If you do not wish to pay anything, you can request to inspect the documents in person. Agencies may charge a fee for the replication of documents. This fee can be no more than 15 cents per page. If you are willing to pay a replication fee, you should indicate how much you are willing to pay in your request.
- You should also specify a preferred format – whether you would like to receive paper documents or electronic documents. Some agencies maintain records electronically, which may make disclosure easier and less expensive. Agencies are not required to respond electronically, though the legislature has encouraged them to do so where technically feasible.
Web Resources
- Public Records Request Letter Generator, sponsored by the Student Press Law Center
- Open Government Internet Manual, from the Office of the Washington State Attorney General
- Tips for Making Records Requests and Overcoming Denials, by the Washington Coalition for Open Government
