A bill introduced in California would allow a court to restrict in certain cases individuals from making public records act requests. While I understand the motives behind the law, I worry that the unintended consequences of this statute make this a bad idea.
The law can be found here: Download Ab_520_bill_20090225_introduced[1]
"The court may issue the protective order if it determines
that the requestor has sought records under this chapter for an
improper purpose, which includes, but is not limited to, the
harassment of a public agency or its employees."
The only example they give is so obvious that an agency could probably already get away with witholding documents in such a case if there's evidence. The purpose of FOIA obviously isn't to facilitate harassment. I'd like to know what other excuses could be upheld and why this is being proposed.
Posted by: Barry | April 10, 2009 at 02:40 PM
Thanks for that post, I like reading you.
For online public records, one relevant URL: http://www.replacementbirhcertificate.org
Posted by: jessicaconnorth | November 04, 2009 at 06:13 PM
"I'd like to know what other excuses could be upheld ..."
I can think of at least one other very good reason why there should be a protective order restricting freedom of information -- to protect an individual from having his private health or financial records made public.
Posted by: Chad Melius | September 16, 2010 at 08:21 PM