Q. Why do we need state open records acts?

A. The cornerstone of a democracy is an open government. Access to information is essential to our ability, as citizens, to keep our government accountable. The Enron scandal is a good example of how we as a society need to be able to benefit from access to governmental documents and keep our government honest.

Q. How do open records laws help your well-being and the environment?

A. According to the American Society of Newspaper Editors and OMB Watch, these are some ways in which you can use your state’s open records laws to help you and your environment. With a FOIA request you can:

• Look at hazardous waste sites and chemical company records to see if any poisons have leaked into your neighborhood or to see what types of chemicals are stored nearby.
• Determine what is being dumped in a landfill near your home.
• Find out if an oil company has the authority to drill off the coastline by your community.
• Locate zoning information and the cost of a planned expressway behind your house.
• Know the facilities that manufacture, process, or use more than 100 pounds of lead, which is highly toxic, and release it into the air, land, and water.

Q. Will this Act invade my privacy?

A. This Act takes into consideration the privacy concerns by allowing for exemptions to public access to be created by the legislature. Exemptions are most often established for items of a personal or sensitive nature. Florida has created approximately 850 legislative exemptions for information such as medical records and student records, and is currently considering an exemption for social security numbers. The legislature in your state has likely already created or will create these important exemptions to protect your privacy.

Q. Will this Act compromise our national, state, or local security?

A. Classified documents are not within the purview of open records requests. Additionally, state laws already in place carefully balance the public’s right to know with the government’s responsibility to protect its citizens. Many documents are likely to be included within a state’s exemptions to access, such as Florida’s exemption to active criminal investigative and intelligence information. Additional security concerns are carefully considered and implemented by our lawmakers as needed.

Q. Won’t we be giving terrorists the “right to know”?

A. We all want information – such as detailed plans of nuclear reactors – to stay out of the hands of terrorists. What we don’t want, however, are government officials attempting to use our justifiable fears of terrorism as an excuse to withhold documents that are relevant to our safety and well-being. Open records requests may dishonor public officials, but violations of the public trust should have negative consequences.

Q. Since all states already have open records acts, why do we need this?

A. Many states’ open records acts are insufficient and do not provide the type of access that is necessary to accomplish an open government as envisioned by a democratic society. This bill will allow a comprehensive spectrum of access by providing that any records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the Legislature.

Q. I’ve been hearing a lot about Enron and secret government meetings. Does that have anything to do with open records laws?

A. Yes! The Enron situation deals with both open meetings and open records laws. Open meetings laws, or “sunshine” laws, allow for many types of governmental agencies’ meetings to be open to the public. Thus, our voices can be heard when decisions that affect us are actually made. Open records laws allow us to obtain documents created from government meetings and numerous other government actions. We need open records laws, like the sample State Freedom of Information Act, to keep track of the government’s actions and to be aware of those actions that affect the many facets of our lives, the most important of which is our health and well-being.