Secrecy Tracker

A recent article in the Wyoming Law Review examines copy fee provisions in the U.S. Freedom of Information Act, Wyoming law, and Colorado law, concluding that vague laws allowing “reasonable” copy fees are prone to abuse by agencies. The article, by Wyoming attorney Elizabeth Stephani, highlights Colorado’s stronger approach, which…

Washington state House lawmakers have reinstated a controversial email auto-deletion policy, allowing most legislative emails, including those about bills and communications with lobbyists, to be permanently erased after 30 days. The move has drawn criticism from transparency advocates who say it weakens the public’s ability to scrutinize how laws are…

A recent study reveals that confusion over the Family Educational Rights and Privacy Act (FERPA) isn’t limited to students or parents. It extends to university officials themselves.  Richard Rainsberger, a former university registrar, conducted a nationwide survey to understand how FERPA is interpreted and applied across the states. The results…

A new study from the Brechner Freedom of Information Project finds that states with weaker newspaper environments are associated with greater government secrecy.  The study, published in this month’s News Research Journal, found that states with fewer newspapers per capita and financially weak press associations are more likely to have…

A new study led by the Joseph L. Brechner Freedom of Information Project indicates widening disparity of Americans acquiring government information through public record laws. The study, published this month in News Research Journal, shows that the most active users of public record laws are much more likely to be…

Brechner Freedom of Information Project director David Cuillier is questioning Florida’s decision to remove detailed contract records tied to its new $250 million detention camp from a public website.  “That’s a lot of our money that we deserve to see how it’s spent, and it’s a high-profile project,” Cuillier told…

As federal agencies increasingly use artificial intelligence to process public records requests, new research calls for stronger transparency requirements. In the Journal of the National Association of Administrative Law Judiciary, Ronald Capaldi argues that the U.S. government should implement algorithmic audits to monitor how AI is used in the FOIA…

A new partnership led by MuckRock and involving the National Freedom of Information Coalition (NFOIC), the Reporters Committee for Freedom of the Press and the Brechner Freedom of Information Project is working to help journalists acquire the information they need to inform the public.   Journalism relies on public records, but…

Watchdog group, American Oversight has filed a lawsuit in federal court to compel the United States Justice Department to release records related to Emil Bove, a senior DOJ official and federal judicial nominee facing multiple controversies. The suit seeks to enforce seven Freedom of Information Act requests submitted earlier this…

The Center for Biological Diversity is suing the Trump administration for failing to release records identifying industrial polluters who requested exemptions from Clean Air Act protections.  In March, the Trump administration invited fossil fuel companies and other industries to apply for exemptions from limits on hazardous pollutants like mercury and…

Access to public records continues to vary widely by state, with Alabama ranking last in compliance, according to a recent analysis. While neighboring Florida responded promptly to a reporter’s request regarding a swatting incident at a U.S. senator’s beach house, Alabama agencies delayed or denied similar requests related to a…

According to new figures out this week from the U.S. Department of Justice Office of Information Policy, Freedom of Information Act requests have dramatically surged in the past year, along with denials, backlogs, delays and costs.  The annual FOIA Report for fiscal year 2024, released April 28, indicates that federal…