From Deseret News archives:

States putting lid on access of public to information

Published: Saturday, March 11, 2006 11:58 p.m. MST
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Across more than four years, 36 states passed more restrictive laws than laws that loosened access; seven states passed more laws that eased barriers to access; seven states passed equal numbers. The analysis did not attempt to quantify the impact of larger, sweeping laws versus smaller modifications.

The AP analysis also did not study legislation prior to the Sept. 11 attacks, though observers say the changes have been obvious.

"What we see nationwide is states really backing away from their open access laws," said Fred H. Cate, an Indiana University law professor who studies privacy and technology. Security threats are real — but some lawmakers are just "taking advantage of the public security tide," he said.

The law in Iowa requires that schools draft emergency response plans but bars them from the public. In Indiana, legislators agreed to keep disciplinary actions against state employees secret — except when they are suspended, demoted or discharged.

In North Carolina, new advisory committees set up to examine medication errors in nursing homes keep their meetings and records confidential, though the medication error rates found in separate home inspections that exceed a higher, federal standard can be accessed through the federal government.

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North Carolina, like other places, also took steps to open access, requiring local and state governments to more quickly provide details about government incentive packages to lure business.

Elsewhere, Oregon opened records on child abuse in cases involving a child who is killed or seriously hurt; South Carolina lawmakers required the governor to open his cabinet meetings; California voters approved an amendment to the state constitution requiring that the state's laws on open meetings and open records be broadly interpreted. After the amendment passed, Gov. Arnold Schwarzenegger made public his appointment calendar and those of two of his top aides.

Lately, privacy worries are starting to trump security fears.

"The great trend out there — that sweeps across any record — is privacy," said Charles Davis at the Freedom of Information Center in Missouri. "There's a push by government that every time Joe Citizen's name is mentioned in a government document, it's an inherent threat to Joe Citizen's privacy if that document is released."

Just this month, Minnesota Gov. Tim Pawlenty announced a new governmentwide effort to target identity theft, barring access to driver's licenses, phone records and Social Security numbers. No longer, the governor said, should there be a presumption that government information is public. "That's backwards," he said.

Open government advocates disagree. The way they see it, if Pawlenty is successful, information that used to be public in Minnesota will soon be unnecessarily locked away.


Contributing: John Parsons.

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