News & Analysis as of

Freedom of Information Act Electronic Communications

The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal... more +
The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version.  less -
Pullman & Comley - School Law

Don’t Press Send: Dangers of E-Mail, the “Inadvertent Meeting” and Updated FOIC Guidance

One of the many worries that I have as a school attorney is when school board members use their e-mail account to discuss board business.  As you may know, such conduct can run afoul of Connecticut’s Freedom of Information...more

Pullman & Comley - School Law

Student E-Mails, FERPA and FOIA: What School Districts Must Disclose (and When)?

Among other things, the federal Family Educational Rights and Privacy Act (“FERPA”) grants parents access to educational and related records concerning their child. Under FERPA, “education records” are broadly defined as...more

Franczek P.C.

According to the PAC, Communications About Public Business on Personal Devices Subject to FOIA

Franczek P.C. on

Since a 2013 Illinois Appellate Court decision, City of Champaign v. Madigan, Illinois public bodies have known that three categories of emails and text messages sent to or from personal technology devices are “public...more

Franczek P.C.

Recent OMA and FOIA Decisions Address “Personal” Emails of Public Officials

Franczek P.C. on

The Open Meetings Act (OMA) and the Freedom of Information Act (FOIA) cover the communications of board members and other public officials when conducting public business. While the laws have a long reach, granting the public...more

Holland & Knight LLP

Illinois AG Rules That Public Employees' Personal Emails Are Public Records - Messages Pertaining to Public Business in Personal...

Holland & Knight LLP on

Illinois Attorney General Lisa Madigan has issued a binding opinion under the state's Freedom of Information Act (FOIA) that email messages sent or received through public employees' personal email accounts may be public...more

Franczek P.C.

California Case Allowing Denial Of FOIA Request For Public Communications On Private Electronic Devices Instructive For Illinois...

Franczek P.C. on

While California and Illinois do not share the same weather, they seem to be similar in at least one aspect: Their court decisions support denial of Freedom of Information Act (FOIA) requests for most communications by public...more

Franczek P.C.

Illinois Appellate Court Clarifies When Electronic Communications By Council And Board Members On Personal Electronic Devices And...

Franczek P.C. on

The Illinois Appellate Court recently ruled that electronic communications about public business sent or received by members of a city council during a public meeting or study session are “public records” subject to the...more

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