The public's ability to access information about what its government is doing is considered essential in democracies. In the United States, there are both state and federal laws that protect citizens' rights to public information. The laws are meant to ensure people of staying informed about what government agencies and elected officials are doing and thus maintain control over government. To gain federal records, a person can file a request under the Freedom of Information Act. To gain records within a specific state, a person can file a request form with the agency he is seeking the information from, citing state laws covering access to public information.
Public Records
In general, people have the right to view public records. Public records include any written information relating to the way government is conducted. These may include budget and financial records, payroll records, records from legislative sessions, legislative reports, and records regarding travel, according to the Washington State Attorney General's Office.
Criteria
Items that are of public record must be written, relate to the conduct or performance of government or one of its proprietary functions, and be prepared, retained, used or owned by a government agency. In a nutshell, that means almost every document a government agency generates is available for public scrutiny. "Written" records can be handwritten memos, typed or printed documents, photographs, maps, films, video recordings, diskettes and other data compilations.
Meetings
Information from government meetings is generally public information. The public can attend the meetings or proceedings to view the information firsthand or request information or minutes from the meetings. The law does allow governing bodies to go into executive sessions to deal with sensitive matters such as consulting with an attorney or employee hiring or discipline issues, according to the U.S. Department of Health and Human Services.
Court Proceedings
Court proceedings and the information from these proceedings are considered public information as well. This access includes a person's right to view court transcripts, motion papers, evidence and court orders. However, courts can impose "gag orders" that close proceedings to the public when it's determined that a public proceeding would threaten a compelling interest, such as the right to a fair trial, according to Associated Press.
Business Records
Some records from businesses are public information. Corporations that have publicly traded stock must report revenues, profits and losses via an income statement every three months under federal law. Public information on businesses also can be gained from U.S. Securities and Exchange Commission filings and court documents.
Upcoming Plans
Information about what a government is planning to decide is also public information. In fact, many states have an Open Public Meeting Act mandating that notice be given to the public about upcoming meetings, according to the Attorney General's Office.
References
- Washington State Attorney General: Public Records Act General and Procedural Provisions
- U.S. Department of Health and Human Services: Executive Session and Open Meeting Laws
- The Associated Press Stylebook and Briefing on Media Law; Associated Press; 2009
