{"title":"Inherent Frictions and Deliberate Frustrations: Examining the Legal Variables of State FOI Law Administration","authors":"A. J. Wagner","doi":"10.32473/joci.v3i2.127815","DOIUrl":"https://doi.org/10.32473/joci.v3i2.127815","url":null,"abstract":"FOI laws are of a category of laws acutely predisposed to internal resistance and erosion. The study seeks to better understand these limitations by examining legal elements of the laws through an exploratory field study, or audit, of nine state FOI laws. Among the study’s findings are two uniquely strong predictors of better FOI results: The existence of an independent FOI advocacy organization in the state and a legislature subject to the law. The findings suggest cultivating a culture of transparency may be as or more important than any of the generally considered legal variables, such as deadlines or penalties.","PeriodicalId":165927,"journal":{"name":"The Journal of Civic Information","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121961174","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Editor's Note","authors":"David Cuillier","doi":"10.32473/joci.v3i1.129178","DOIUrl":"https://doi.org/10.32473/joci.v3i1.129178","url":null,"abstract":"The editor examines the notion of a constitutional right to access government information, including its promises and limitations.","PeriodicalId":165927,"journal":{"name":"The Journal of Civic Information","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123380044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Who Will Take Ownership of Florida High School Football Concussion Figures?","authors":"Imani J. Jackson","doi":"10.32473/joci.v3i1.129180","DOIUrl":"https://doi.org/10.32473/joci.v3i1.129180","url":null,"abstract":"This study explores the existence and documentation of varsity football player concussions and sport-related traumatic brain injuries at dozens of Florida high schools. The paper explores the legal creation and deference due the Florida High School Athletic Association as a regulatory body for Florida’s student-athletes, the lived experiences of sport-related brain injuries and whether the maintenance and publication of these concussive records implicates student-athletes’ privacy rights. For nearly two years, the Brechner Center for Freedom of Information at the University of Arizona pursued physical copies of redacted concussive documentation at dozens of Florida high schools and verified numerical accounts of how many varsity football players had been concussed in connection with play during the 2017-2018 school year.","PeriodicalId":165927,"journal":{"name":"The Journal of Civic Information","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129839209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Constitutionalizing Access","authors":"Jessica Terkovich, Aryeh Frank","doi":"10.32473/joci.v3i1.129179","DOIUrl":"https://doi.org/10.32473/joci.v3i1.129179","url":null,"abstract":"State constitutions receive relatively little academic attention, yet they are the source of significant substantive rights—and, when compared to the U.S. Constitution, they are relatively easily amended to comport with contemporary needs and values. Unlike the constitutions of dozens of other nations, the U.S. Constitution contains no explicit recognition of a right to information from the government, and the Supreme Court has declined to infer that such a right exists, apart from narrow exceptions. Conversely, seven states expressly memorialize the public’s right of access to government meetings and records in their constitutions. In this paper, the authors examine case law applying the constitutional right of access, concluding that the right is somewhat underutilized and rarely seems to produce an outcome clearly different from what a litigant could expect relying on state statutory rights alone. ","PeriodicalId":165927,"journal":{"name":"The Journal of Civic Information","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122022620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Freedom of the Database","authors":"Jonathan Anderson, Sarah Wiley","doi":"10.32473/joci.v3i1.129181","DOIUrl":"https://doi.org/10.32473/joci.v3i1.129181","url":null,"abstract":"As government operations at all levels have become increasingly computerized, records of those activities have moved from paper to databases. Yet there has been little empirical research about the public’s ability to access such records in practice. This study uses field research to assess how 44 public universities respond to records requests of varying complexity for structured data. Sampled universities produced responsive structured data without a fee in slightly more than a quarter of requests, meaning the vast majority of requests failed to yield the information sought in a structured format and for free.","PeriodicalId":165927,"journal":{"name":"The Journal of Civic Information","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124870399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Transparency and Access in a Pandemic: Understanding the Impact of HIPAA on Government Disclosures","authors":"Al-Amyn Sumar","doi":"10.32473/JOCI.V2I4.127491","DOIUrl":"https://doi.org/10.32473/JOCI.V2I4.127491","url":null,"abstract":"From the start of the pandemic, the American public has had inconsistent and often limited access to the COVID-19 data held by their governments. As legal cover for this lack of transparency, state and local officials have frequently invoked one federal law – the Health Insurance Portability and Accountability Act, better known as HIPAA – and its associated regulations. This article examines that trend. It unpacks the key parts of the regulations and explains why, in many cases, they provide no legal basis for agency refusals to disclose coronavirus-related information. The article also offers potential strategies to requesters seeking to pry that data loose.","PeriodicalId":165927,"journal":{"name":"The Journal of Civic Information","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133890622","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Business of Information","authors":"David Cuillier","doi":"10.32473/joci.v2i3.127269","DOIUrl":"https://doi.org/10.32473/joci.v2i3.127269","url":null,"abstract":"Civic information greases the economic machine, vital to corporations and customers. Yet, while commercial interests comprise the biggest users of government information, they also work hard to thwart transparency about themselves.","PeriodicalId":165927,"journal":{"name":"The Journal of Civic Information","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132289022","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Freedom of Information Audits as Access Advocacy","authors":"Kevin Walby, Jeff Yaremko","doi":"10.32473/joci.v2i2.126523","DOIUrl":"https://doi.org/10.32473/joci.v2i2.126523","url":null,"abstract":"To evaluate the performance of FOI regimes, associations of journalists and other groups undertake FOI audits. These audits assess the depth of disclosure, the use of exemptions, among other indicators of the health of FOI laws. Drawing on a thematic analysis of FOI audits, we examine how these audits are conducted and what the audits reveal about FOI in multiple jurisdictions. We discern four themes in these audits: (1) law enforcement and security hindrance of FOI, (2) a link between FOI advocacy and struggles for government transparency, (3) gross abuses of FOI, and (4) the potential for social change. Arguing that FOI audits are a form of access advocacy, we suggest future FOI audits could be more community-based and participatory. We also provide recommendations for those undertaking future FOI audits.","PeriodicalId":165927,"journal":{"name":"The Journal of Civic Information","volume":"25 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128738375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Individuals’ Use of Twitter to Discuss Freedom of Information in the United States: A Social Network Analysis","authors":"K. Schwoerer","doi":"10.32473/joci.v1i2.119010","DOIUrl":"https://doi.org/10.32473/joci.v1i2.119010","url":null,"abstract":"This study employs social network analysis to examine more than 10,000 Twitter interactions that include the U.S. Freedom of Information Act hashtag (#FOIA) to understand who is engaging online, and to what extent. The analysis finds evidence of a dynamic conversation online among citizens, journalists, advocates, and public agencies. Findings offer insights into how citizens are using social media to engage with government and one another in conversations around important public policies, such as government transparency, as well as how technologies such as social media can be leveraged to better understand citizens’ interest. The study also found a significant increase in tweets during national Sunshine Week, a vehicle that increases national dialogue about FOI, and highlights effective social media strategies employed by MuckRock and other advocacy organizations.","PeriodicalId":165927,"journal":{"name":"The Journal of Civic Information","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129387495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tracing Home Address Exemptions in State FOI Laws","authors":"J. Gil","doi":"10.32473/joci.v1i1.115660","DOIUrl":"https://doi.org/10.32473/joci.v1i1.115660","url":null,"abstract":"Privacy concerns have prompted many states to close off once-public information from release through the freedom of information process. This study looks at the personal privacy exemptions for home addresses in 50 states and Washington, D.C., in both 2011 and 2019. There were 16 instances of a change in state law during that time – only three toward more transparency. Voter registration records were the most open of the three categories reviewed, with more than half the states requiring disclosure of home addresses in 2019. This study can help guide journalists, policy makers and records holders as they navigate proposed changes to FOI laws.","PeriodicalId":165927,"journal":{"name":"The Journal of Civic Information","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125050516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}