n.a statute mandating public access to information held by governmental entitiesBaker 1997, 238Most open records laws are based on the idea that government creates and retains records for the purpose of carrying out its official activities. The cost associated with recordkeeping is a part of the cost of doing business and is supported by taxpayers. Since the public should not have to pay twice for the same product, these laws permit government to charge requesters only the cost of fulfilling the request, that is, identifying the requested records and the actual cost of copying them.Behrnd-Klodt and Wosh 2005, 7Most public legislation, such as the FOIA, the Privacy Act, the USA PATRIOT Act, and open records laws, primarily affect access to government records that are held in agencies and repositories.Yaco 2010, 644–645Offsetting privacy laws are open records laws, which provide timely public access to government information, including agency rules, opinions, orders, records, and proceedings. The federal Freedom of Information Act applies only to federal agencies, but most states have enacted similar laws, such as the Virginia Freedom of Information Act.Brown 2016, 126Since its passage, the federal Freedom of Information Act has influenced state and local open records legislation nationwide. Although many states had already passed their own laws, the FOIA inspired others to follow suit, while federal court decisions played an influential role in how state courts interpreted their own laws. As experts in the field of record keeping and access, archivists have a unique perspective in advocating for open records laws at all levels of government. This is particularly true for federal, state, and college-level archivists who must work within the confines of these legislative mandates.Slate and Minchew 2016, 11As state governments adopted open records laws, concepts of records management, the systematic retention and destruction of records, and the retention of permanently valuable records became inevitable and necessary services—whether properly funded or not.
Notes
Open records laws promote access, unless excluded because of privacy, confidentiality, security concerns, or a need to protect specific government activities or resources.
