Tag Archives: freedom of information

Media Law Case of the Week

Cows, you have your privacy.

The Cattle Network (yes, there is a Cattle Network) is reporting that a federal court has ruled that data collected for the National Animal Identification System is not subject to Freedom of Information Act requests.

The National Animal Identification System is used by the U.S. government to trace diseased animals/animal disease outbreaks.

I’m not sure what “sensitive information” would not be able to be released under FOIA, but The Cattle Network mentions “sensitive producer information about premises, businesses and animals .” (Seems to me if there is a disease outbreak, information needs to come out…)

I’m also not sure what FOIA exemption this falls under. Trade secrets doesn’t seem right. Maybe bovine secrets?

The danger of the state of journalism

I’m normally an optimist, but I’m finding it difficult to be upbeat today. Yesterday I learned that many former colleagues of mine are among those

Danger Sign

Danger Sign

with 10-day furloughs and pension freezes as Advance Publications attempts to help the bottom line, and also that Gannett journalists I know are facing their second furlough for the same reasons.

Today I read that Janice Okun is retiring from the Buffalo News on March 31, the same day the Buffalo News had previously reported those accepting buyouts would have to be off the payroll. Thirty-six members of the Buffalo Newspaper Guild (not all editorial) took that offer. (Okun will continue writing reviews as a freelancer, but will no longer be a staffer.)

I couldn’t help thinking about all this when, in my media law class, we were talking about the importance of  Freedom of Information Act and state Freedom of Information Laws. Students brought in examples of stories where government records were used.

Among them was this gem:

The city of Auburn would not release the names of two employees who took equipment until two newspapers — The Post-Standard and The Auburn Citizen–filed a notice that they intended to sue the city for the names.

My question is, with journalists working fewer hours (if at all), who is going to do these stories? Who is going to find out about this stuff?

I know some new media types say citizen journalists or bloggers will do it. Really? In a small city like Buffalo, Rochester or Syracuse someone who works a paying job is going to have time to file foia/foil requests and hold public officials accountable?

And please don’t tell me TV and radio journalists will do it. Government record stories don’t have exciting visuals, and TV and radio journalism staffs are cut to the bone, too.

This newspaper crisis has far deeper implications than what happens to journalists. It’s about what happens to our society.

As Francis Bacon said, “Knowledge is power.” But let’s face it:  We are losing a major conduit to that power.

FOI request hits close to home

The Buffalo News reports that one day before News sports reporter Tom Borrelli fell to his death on stairs while covering a game at a Buffalo school those same stairs had been inspected by the state.

That state inspection uncovered five safety violations that led to charges filed in January —  roughly two months after Borrelli’s death from injuries sustained in the fall.

How did the News learn this? Through a Freedom of Information request to the New York State Labor Department’s Public Employee Safety and Health Bureau.

The story details warnings ignored and cost-cutting measures that led to the accident that killed Borrelli, a member of the National Lacrosse League’s Hall of Fame. This story leaves one feeling that Borrelli’s life was needlessly lost. Sadly, in the end, it will be the students of the Buffalo school district who end up paying for the stupidity that led to Borrelli’s death, as the district now faces a potential lawsuit on top of  the cost of the repairs.

Knight grades state web sites

Have you ever wondered how your state fares when it comes to open information about the government?

The Knight Citizen News Network has a state-by-state guide in which it grades state web sites on online, open government information.  (My state, New York, gets a thumbs up. Check out your state by clicking on it here.) The evaluation also includes links to that state’s government information.

The feature is part of the Knight Citizen News Network’s Citizen Journalist’s Guide to Open Government, which has lots of great information on how people can access government records.

Records request takes 3+ years?!

Mark Schleifstein of The Times-Picayune writes of his three-plus year stuggle to get Federal Emergency Management Agency records related to Katrina — records that should be available to the public.

He’s still waiting.

Schleifstein is seeking records about the types and amounts of help people in the affected areas needed after Katrina. His tale of bureaucracy woe would be funny if it weren’t so sad.

It is clear that federal government officials have been hoping he will go away.  When he gets a response, he is asked if he still wants the records. Of course he does!

This isn’t surprising, given former Attorney General John Ashcroft’s memo that in essence encourages non-compliance with the Freedom of Information Act (FOIA).

But let’s hope this changes. After all, President Obama has already made compliance with FOIA a priority and issued a memo Jan. 21 that states

The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears.

See the full Obama memo here.