Freedom of information?  Says who?

I’m going to make the non-rash assumption that our gentle readers are familiar with the Freedom of Information Act or FOIA, which is widely used by citizens at all levels of government.  As you undoubtedly know, the purpose of FOIA is to make sure citizens have the opportunity to access information that government agencies use to formulate policies or to made decisions on a wide variety of matters.

I know you’ll be shocked, shocked, to find out that some folks in government would just as soon you and I couldn’t access that information.  Just ask Eric Holder.

It turns out that the latest shot across the bow attacking citizen access comes from Washington state.  The Seattle Times reports on this development starts out like this…

State lawmakers are exploring a plan that could limit how governments respond to requests for public documents, allowing them to get a court order if they can prove that a request creates a “significant burden.”

Seems like some “government leaders” feel like they’re being harassed and want it stopped.  They cite people who’ve made “too many” requests or who file “…broad and onerous requests that consumed large chunks of staff time.”  The article notes that there are already remedies in place to deal with that type of situation, ranging from asking requesters to narrow their request or releasing the information in batches.

In addition to what appears to be an overt attempt to put a crimp in access to public records, the state Senate is also looking at a bill that would charge fees for searching and processing records for commercial requests.

When all is said and done, the following sentence highlights the problem with this type of legislation…

The proposed law does not define what a “significant burden” is.

I’m willing to bet $10,000 that the definition that the various agencies that this law would affect have a completely different idea what a “significant burden” is than I do.  And, I’d be shocked, shocked I say, to find that there definition is significantly more restrictive than mine.  Significantly.

Needless to say, Washington State isn’t the only place who would like to limit a citizen’s ability to access public information.

• Last year a federal court upheld Virginia’s limitation on the use of FOIA for personal benefit.
• Speaking of shocking, I’m sure you’ll be as shocked as I was to find that the State of Illinois is trying to limit access to public records.
• And while I’m at it, I feel compelled to point out that another state with a long record of public officials currently doing serious time in federal prison, Michigan, is doing everything they can to limit public access.

The article citing the issue in Michigan is especially noteworthy because it centers around the Mackinac Center for Public Policy who have been way out in front on a number of issues in Michigan that gained national prominence and sparked very intense debate over the use of public funds and the reach of government.

Access to public records by the public will likely be an issue that becomes significantly more contentious in the future.  On one hand you’ve got politicians and bureaucrats from both parties who would prefer to do business in the dark.  On the other you’ve got citizens who believe that their government may be doing something, well, shady.  And, on the other hand you’ve got technology.  Governments don’t like technology when it’s used to hold them accountable.  As the State of Illinois argument is laid out…

Adam Andrzejewski, CEO of the conservative coalition For the Good of Illinois, said government could avoid the burden of responding to FOIA requests by making all information available online.

The Hinsdale resident and former Republican governor candidate said his organization has pushed for full government disclosure and there is no reason for anything less in this digital age.

“Government created the hurdle of the request and now they want to regulate the request,” Andrzejewski said. “In the Internet age, the standard on public information should be proactive posting.”

This fight is just getting started and you can bet your bottom dollar it will be an ugly one.  Just like every time the pest exterminator tries to get the cockroaches into the light.

-Michael Becker

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