Tuesday, June 10, 2008

You can use the law to access public information (Guam)

June 9, 2008

You can use the law to access public information

By David V. Crisostomo

Journalists use the Freedom of Information Act and the Guam Sunshine Act to obtain public records from local government agencies.

The Pacific Daily News' data site -- www.GuamWatchDog.com -- features searchable databases of useful public information, which was obtained through FOIA and Sunshine Act requests. The local law is similar to the federal Freedom of Information Act, which was enacted in 1966 and covers the federal government.

These are the same laws that any member of the community can use to request public information.

Here's a quick informational guide to help you navigate the local Sunshine Act.

What's covered

Public records are defined to include "any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency in any format, including an electronic format," according to the Sunshine Act.

The law requires you reasonably describe the requested public record. Again, there is no requirement for an agency to supply "information." The law only requires the agency to supply copies or permit inspection of records the agency already has.

You can request written acts or records of the executive branch, Legislature and the Guam Judiciary. Other examples include: public records kept in Guam of private writings; public schools' standardized achievement test scores -- but not individual students' test scores; and police blotters, accident reports, daily activity logs and other such information unless the records are exempted.

The government isn't required to provide the following documents:

How it works

The Sunshine Act requires the public officer who holds the written act or record, or the head of the agency that has the record, to provide copies of the record as follows:

Tell us

If you've made a FOIA request and want to share your experience and documents with other readers, or if you have suggestions for databases that you want to see online at GuamWatchDog.com, we want to hear from you. E-mail us at: news@guampdn.com.

I'll be posting sample FOIA letters on my "From the Editor" blog this week. You can use these sample letters to help you write your own FOIA request. So please check out my blog at www.GuamPDN.com.

For more information about the Guam Sunshine Act, you can download the law and find other useful information online at GuamWatchDog.com.

Thank you for reading the Pacific Daily News.