Topic: Freedom of Information Commission

Don’t Picture This: The FOIA And The Use Of Smartphones As A Substitute For Paying For Copies

Connecticut’s Freedom of Information Act [“FOIA”] generally permits public agencies to charge for copies (usually, $0.50/page) when complying with FOIA requests. One exception to this fee requirement is that an individual may engage in “self-help” and copy a public record through the use of a “hand-held scanner”. Connecticut General Statutes §1-212(g).  A “hand held scanner”…

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Everything That You Ever Wanted to Know About The Attorney-Client Privilege and The FOIA But Were Afraid to Ask: The Latest

As a self-described FOIA nerd, I have written in these pages about issues pertaining to the effect of the Freedom of Information Act [“FOIA”] on the attorney-client privilege (and vice versa).  In a plethora of recent decisions, the Freedom of Information Commission [“FOIC”] has provided further guidance on these issues. Briefly, the FOIA exempts from its…

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Loose Lips Sink Ships: The Limits of the Attorney-Client Privilege and the Dangers of “Public” Reliance Upon Your Attorney’s Opinions

Public agencies often secure opinions from legal counsel to guide their actions. However, these agencies should be aware that what they say in public about the advice given may jeopardize the confidentiality of the legal opinion. In Cragg v. First Selectman Town of Marlborough, #FIC 2013-452 (May 28, 2014), a citizen requested a copy of…

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School District’s Refusal to Release Bullying Investigation Report Upheld

While the Freedom of Information Act [“FOIA”] generally seeks to provide access to records created by public agencies, and while anti-bullying laws require that parents be notified by a school district with regard  to the district’s response to bullying complaints, federal laws protecting the privacy rights of students provide a countervailing block to unfettered access…

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