FOIA’s Flying

foia

The paper is flying, people.

South Carolina government officials are reportedly being bombarded with Freedom of Information Act (FOIA) requests seeking access to politicians’ personal emails after disgraced Gov. Mark Sanford may have inadvertently set a new precedent for disclosure.

We wrote recently about the potential implications of Sanford’s decision to release numerous personal emails among the reams of public data he made available to reporters after disclosing his extramarital affair with Argentine lover Maria Belen Chapur. Apparently by acknowledging that he had an obligation to disclose certain public business that had been conducted on his private email address, Sanford opened the door to a new definition of “public records,” attorneys tell FITS.

Now, it appears that a number of different organizations are trying to determine whether or not any other “public business” may have been conducted on private email accounts – or for that matter what private business that may have been conducted on state accounts.

Some of the most expansive requests, we’re told, emanate from the S.C. Policy Council, which has made transparency in government one of its top priorities.

It’s no secret that most elected officials and their staffers conduct significant amounts of the public’s business “off the record,” i.e. on personal cell phones and email accounts that are not subject to FOIA requests.

It’s also no secret that state computers are routinely used to access personal email accounts – usually during government business hours.

Are these communications something taxpayers should see?

We certainly think so …

Should public business conducted on private email accounts be disclosed?

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Comments

  1. By liz July 31, 2009 at 6:49 am

    Someone needs to be making FOIA requests. Thankfully someone is. Mine are ignored.

    Reply

  2. By GnuBerry July 31, 2009 at 8:31 am

    On this site, “it’s no secret that” = “I have no proof that”

    Reply

  3. By shiya July 31, 2009 at 9:40 am

    Looks like Sanford is intent on dragging everyone down.

    Reply

  4. By anonymous July 31, 2009 at 9:43 am

    Clerk of Court resigns after she is charged with embezzlement

    FULL STORY:
    http://www.islandpacket.com/1482/story/920724.html

    Elizabeth Smith’s INDICTMENT:
    http://media.islandpacket.com/smedia/2009/07/30/17/20090730160057557.source.prod_affiliate.9.pdf

    Reply

  5. By Longshot August 1, 2009 at 7:53 am

    Every candidate for Governor should be asked at every stump meeting his position on FOIA and what should or should not be released

    Reply

  6. By Longshot August 1, 2009 at 11:15 am

    I suspect before long there will be requests for staff email in the Governor’s office as well. That will be a treasure trove of good stuff.

    Reply

  7. By anonymous August 1, 2009 at 10:16 pm

    The Fox and the Henhouse

    Sanfraud denying public records requests, governor says, ‘Trust me’

    …”the governor’s office is arguing that an embattled public official has the right to choose which documents in his possession are actually public, and that he can withhold any he wants by simply claiming a right to privacy. Such a claim effectively removes any checks on that public official, said Hershel Fink, an attorney who successfully sued to unseal text-messages that proved Detroit mayor Kwame Kilpatrick was having an affair with a staffer, leading to his downfall and imprisonment.

    Kilpatrick likewise fought the release of electronic documents on privacy grounds, and Fink said the public is right to wonder what officials are hiding when they refuse to release records.

    “This all came about because these electronic communications existed and were made available,” Fink said. “And you can’t trust the fox to guard the henhouse.”

    http://www.thesunnews.com/opinion/story/1005510.html

    Reply

  8. By Cooter Brown August 2, 2009 at 10:31 am

    Da line betwix publick an’ private iza wiggly one! Don know whare da line outta be drawn an’ hoo outta draw it.

    While it sounds gud to hab axcess t’ deese private accounts, it mae ear-ace da publick-private distintshun an’ dat don quite seem proper eitha.

    Deir’s gotta be a middle way on dis issue. Sho’, da gubnor werks fer us, but heeze also a citizen.

    All bitness outta be done on official acctounds an’ all personal bitness outta be done on anotha account. If deir izza a quesktun as t’ th’ nature ov th’ bitness, put it on da bitness account.

    Dat bein’ said, wee caint really trust our current gobner t’ know da difference…

    Reply

  9. By anonymous August 4, 2009 at 4:42 am

    SLED Director Reggie Lloyd is shuckin’ and jive’in on most recent FOIA request

    SEE FULL STORY:

    Lloyd terms records ‘a joke’
    http://www.postandcourier.com/news/2009/aug/04/lloyd_terms_records_joke91360/

    Reply

  10. By Benjamin Wright August 10, 2009 at 3:03 pm

    A principle of the Information Age: Government is wise to organize itself and its records so it can swiftly and efficiently respond to freedom-of-information-act requests. Resistance to such requests is wasteful and makes government look out-of-touch. –Ben

    Reply

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