Sunshine Week is a nonpartisan effort aimed at safeguarding the public’s legal right to access government records to support greater openness and transparency. An initiative worthy of more than just one day, Sunshine Week runs from March 15 – 21.
The Freedom of Information Act (FOIA) governs federal records. A version of this law has been adopted by each state. In Texas we have the Public Information Act (PIA). Individuals can make information requests through these acts. Government agencies are required to respond and release requested information. Or if your request is denied a reason for that decision will be provided to you in writing.
Limitations under Information Acts
Agencies will not disclose all information. While FOIA can provide broad access to an agency’s records, an agency has the right to withhold information that falls under an exemption. There are nine exemptions, and they may be found in 5 U.S.C. § 552(b). If your request is denied or if information is withheld, the applicable exemptions will be identified by the agency responding to your request.
The State of Texas’ Public Information Act also has statutory limitations for the release of information. The list of exceptions is long. For example, student records, real estate deals, and crime victim records are not covered under PIA. The list of exceptions is also very thorough, including information in applications for marriage license, an educational institution’s test items, and a library system’s records. View the full list of information excepted from required disclosure beginning at Tex. Gov't Code § 552.101.
What if my request is denied?
Full or partial denials under FOIA may be appealed by sending a letter to the agency. If you believe an agency has incorrectly applied exemptions to deny your request and you are determined to fight for the release of records, the library offers resources to help you file a federal complaint.
Denials under PIA may be reported in writing to the Open Records Division (ORD) of the Office of the Attorney General of Texas. Complaints on overcharges may also be filed with the ORD as agencies are required to follow the cost rules in the Texas Administrative Code. Further actions may be taken with your district or county attorney.
In conclusion, a commitment to open access, transparency, and informed public participation underscores the importance of Sunshine Week and the resources available to help ensure agencies uphold these principles.
