414:, in the United States, arrest records "are generally open to the public unless they concern an active or ongoing investigation. A few states restrict the information that can be obtained from an arrest record, especially when it concerns individuals who were never charged, were acquitted or had their records expunged. Again, the determination will often result in a balancing test comparing the public's interest in disclosure against the individual privacy interest." By contrast, protective custody and
36:
210:
285:
inspect court records, with almost instantaneous access. Such right is a central safeguard of the integrity of the courts. Any decision to conceal court records requires a sealing order. The right to access court records is also central to liberty: There is no conceivable way to exercise the Habeas Corpus right, deemed by the late
221:(FOI) that has been gradually introduced in many jurisdictions since the 1960s has made access easier. Each government has policies and regulations that govern the availability of information contained in public records. A common restriction is that data about a person is not normally available to others; for example, the
300:(1978), where the court found various parts of the right to access court records as inherent to the First, Fourth, Sixth, and Fourteenth Amendments. In the United States access to court records is governed by Civil Rights in the Amendments to the United States Constitution, not by the Freedom of Information Act.
275:
are often exempt from public-records laws that apply to state executive officials and local officials. In 2016, the
Associated Press made a request for the emails and daily schedules of state legislative leaders (speakers of state Houses and presidents of state Senates) in all 50 states; a majority
260:
Some companies provide access, for a fee, to many public records available on the
Internet. Many of them specialize in particular types of information, while some offer access to different types of record, typically to professionals in various fields. Some companies sell software with a promise of
284:
Of particular significance was the evolution of the common-law right "to access court records to inspect and to copy". The expectation inherent in the common law right to access court records is that any person may come to the office of the clerk of the court during business hours and request to
303:
As court records become increasingly more accessible online, concerns about the undermining of private information has become a significant issue. In the past, obtaining court records required people to physically go to a courthouse and request documents. However, with the relative ease at which
334:
There are many degrees of accessibility to public records between states, with some making it fairly easy to request and receive documents, and others with many exemptions and restricted categories of documents. One state that is fairly responsive to public records requests is
406:
imposes "fair information-practice requirements by consumer reporting agencies that report public record information, such as criminal history records, for employment purposes", and some state consumer-protection laws impose more restrictive regulations.
237:
is "confidential" (Record will be closed, and not opened to public once recorded) or "public" (record will become public record once recorded). Essentially, if the marriage record is public, a copy of the record can be ordered from the
343:, where the law formerly presumed that all documents are exempt from disclosure, unless they can be proven otherwise. This was changed by a 2008 bill that went into effect in 2009. The California Public Records Act (
253:: until the introduction of FOI legislation, Cabinet papers were not available for thirty years; some information could be withheld for longer. As of 2011 the rule still applies to some information, such as
402:-maintained criminal history record information has been traditionally limited and controlled in large measure to protect the privacy of the individuals to whom the records pertain." The federal
371:
With the advent of the
Internet and the information age, access to public records in the United States to anyone who wishes to view them has dramatically increased. Third parties such as the
912:
418:
records are exempted from most state open-records laws, such that access is "limited to the juvenile, his or her parents or guardians, or other parties directly involved in a legal matter."
316:(FOIA). Requests for access to records pursuant to FOIA may be refused by federal agencies if information requested is subject to exemption, or some information may be redacted (deleted).
375:
industry make regular use of public records to compile readily accessible profiles on millions of people, and may make a profit from the service of recompiling and mining the data.
225:(PRA) states that "except for certain explicit exceptions, personal information maintained about an individual may not be disclosed without the person's consent". For example, in
268:'s birthday and National Freedom of Information Day on the 16th. The purpose of the week is to highlight the idea that "government functions best when it operates in the open."
1015:
582:
339:, which utilizes the Committee on Open Government to assist citizens with their requests. A state that was fairly restrictive in how they respond to public records requests is
832:
264:
Each year news media, civic groups, libraries, nonprofits, schools and other interested groups sponsor "Sunshine Week." Sunshine Week occurs in mid-March, coinciding with
994:
103:
Depending on jurisdiction, examples of public records includes information pertaining to births, deaths, marriages, and documented transaction with government agencies.
352:
46:
411:
261:
unlimited access to public records, but may provide nothing more than basic information on how to access already available and generally free public websites.
304:
people can now access these records, highly sensitive information (i.e. victim names, social security numbers, etc.) are at risk of being publicly exploited.
718:
320:
313:
814:
972:
378:
Public record data is used for multiple purposes, such as ensuring that child support payments are made as determined by the courts, assisting
394:
Individual criminal histories are generally considered to be public records in the United States and are often accessed via criminal history
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218:
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80:
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Although public records are records of public business, they are not necessarily available without restriction, although
175:, were also recorded. The United Kingdom Public Record Office Act, which formalised record-keeping by setting up the
62:
769:
941:
913:"National Archives publishes online dashboard of its investigations into lost, altered or destroyed public records"
660:
715:
403:
936:
683:
598:
1010:
480:
465:
697:
Ardia, David S. (2017). ""Privacy and Court
Records: Online Access and the Loss of Practical Obscurity."".
289:
as "the cornerstone" of the United States
Constitution, absent access to court records as public records.
286:
296:
right to "access court records to inspect and to copy" was reaffirmed by the U.S. Supreme Court in
164:
785:
351:
and booking records of inmates in the State of
California jails and prisons, which are not covered by
470:
415:
360:
176:
172:
168:
58:
815:"Prepared Statement of the Federal Trade Commission On Identity Theft and Social Security Numbers"
547:
529:
372:
939:. "Local officials argue Montana courts should strike balance between privacy and disclosure."
801:
430:, to publish all instances of investigations into possible unauthorized destruction of records.
521:
356:
127:
861:
849:
1020:
513:
395:
336:
250:
230:
150:
363:). Public access to arrest and booking records is seen as a critical safeguard of liberty.
106:
Attitudes and expectations about what information should be made public have been studied.
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586:
138:, which did not have writing, records were kept via an elaborate form of knots in cords,
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146:
17:
1004:
898:
533:
475:
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265:
159:
135:
209:
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Delay game: The McCrory administration drags its feet on our public records lawsuit
885:
340:
97:
973:
It Took a FOIA Lawsuit to
Uncover How the Obama Administration Killed FOIA Reform
875:"Private Eyes: Confidentiality issues and access to police investigation records"
864:, U.S. Department of Justice, Office of the Attorney General, June 2006, pp. 1-2.
157:
records as well as records of birth, death, and marriage; an example is the 1086
852:, U.S. Department of Justice, Office of the Attorney General, June 2006, p. 95.
328:
293:
226:
27:
Non-confidential information generally pertaining to the conduct of government
525:
189:
505:
979:
Microsoft: Government Public
Records Tracker from Eskel Porter Consulting
517:
324:
234:
198:
122:, disputes, and so on, records of some sort have been needed. In ancient
233:
application, they have the option of checking the box as to whether the
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383:
254:
123:
115:
589:
CA Codes (gov:6250-6270) - Official
California Legislative Information
348:
239:
154:
983:
937:
Paper files public records request—and city's response is a lawsuit
862:
The
Attorney General's Report on Criminal History Background Checks
850:
THE ATTORNEY GENERAL'S REPORT ON CRIMINAL HISTORY BACKGROUND CHECKS
734:
208:
139:
752:
634:
131:
96:
are documents or pieces of information that are not considered
399:
119:
29:
548:"BBC - History - British History in depth: The Domesday Book"
312:
Access to U.S. national public records is guided by the
45:
deal primarily with the United States and do not represent a
684:"Many state legislatures exempt themselves from record laws"
989:
Media coalition sues McCrory administration over records
331:
the law is known as the Open Public Records Act (OPRA).
426:
In early 2018, the National Archives put up a webpage,
54:
661:"Sunshine Week to celebrate government transparency"
100:
and generally pertain to the conduct of government.
901:, Reporters' Committee for Freedom of the Press.
390:Access to criminal records in the United States
504:Martin, Kirsten E.; Nissenbaum, Helen (2016).
428:"Unauthorized Disposition of Federal Records"
412:Reporters' Committee for Freedom of the Press
327:has the Colorado Open Records Act (CORA); in
43:The examples and perspective in this article
8:
882:Reporters Committee for Freedom of the Press
382:in keeping accurate data and helping to pay
1016:Freedom of information in the United States
804:FY 2005 Annual Report to Congress May 2008
81:Learn how and when to remove this message
321:states have some form of FOI legislation
496:
791:. Pennsylvania Office of Open Records.
786:"Pennsylvania's New Right to Know Law"
772:By Dimitri Vassilaros(July 27, 2007)-
699:University of Illinois Law Review 2017
319:In addition to the national FOIA, all
964:Publications from the U.S. Government
7:
611:"What is public records technology?"
486:Use of blockchain in public registry
802:Office of Child Support Enforcement
455:Personally identifiable information
171:agreements, which were effectively
567:"The National Archives - Homepage"
445:Freedom of information legislation
298:Nixon v Warner Communications, Inc
219:Freedom of Information legislation
25:
682:Lieb, David A. (March 14, 2016).
599:"Article from Public Records 101"
461:Privacy laws of the United States
242:in which the marriage occurred.
34:
984:The Center for Public Integrity
213:An example of public record, HK
142:, whose meaning has been lost.
911:Howard, Alex (24 April 2018).
753:"Committee on Open Government"
659:Dukes, Tyler (13 March 2016).
450:Electronic Frontier Foundation
1:
580:California Public Records Act
422:Destruction of public records
223:California Public Records Act
114:Since the earliest organised
229:, when a couple fills out a
347:§§6250-6276.48) covers the
249:papers were subject to the
57:, discuss the issue on the
1037:
942:Columbia Journalism Review
345:California Government Code
314:Freedom of Information Act
774:Pittsburgh Tribune-Review
735:"Open Public Records Act"
716:Colorado Open Records Act
404:Fair Credit Reporting Act
398:, but "access and use of
292:In the United States the
955:Guides to Public Records
833:"Waysandmeans.house.gov"
819:Federal Trade Commission
615:legal.thomsonreuters.com
565:Archives, The National.
506:"Privacy of Public Data"
205:Access to public records
153:public records included
130:on clay tablets. In the
721:August 3, 2007, at the
510:SSRN Electronic Journal
481:General Register Office
466:Public records in China
245:In the United Kingdom,
386:benefits to retirees.
367:Uses of public records
353:First Amendment rights
214:
179:, was passed in 1838.
173:international treaties
18:Public records request
959:UCB Libraries GovPubs
915:. Sunlight Foundation
257:of Cabinet meetings.
212:
165:William the Conqueror
126:records were kept in
518:10.2139/ssrn.2875720
471:Public Record Office
416:juvenile delinquency
308:In the United States
276:denied the request.
177:Public Record Office
63:create a new article
55:improve this article
686:. Associated Press.
585:2015-12-16 at the
373:information broker
273:state legislatures
215:
770:Pa.'s open secret
410:According to the
396:background checks
357:freedom of speech
167:. The details of
128:cuneiform writing
91:
90:
83:
65:, as appropriate.
16:(Redirected from
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899:Juvenile Records
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884:. Archived from
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839:on Dec 28, 2006.
835:. Archived from
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271:In many states,
251:thirty-year rule
231:marriage license
195:Marriage records
151:Late Middle Ages
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323:. For example,
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287:Justice Brennan
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949:External links
947:
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888:on 2016-10-06.
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183:Public records
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169:royal marriage
147:Western Europe
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49:of the subject
47:worldwide view
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917:. Retrieved
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98:confidential
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975:, Vice News
359:and of the
192:proceedings
188:Records of
1005:Categories
997:, IndyWeek
739:www.nj.gov
620:2021-03-23
492:References
329:New Jersey
294:common law
227:California
134:empire of
534:152240152
526:1556-5068
190:law court
116:societies
59:talk page
719:Archived
667:13 March
644:13 March
583:Archived
434:See also
337:New York
325:Colorado
235:marriage
199:Mug shot
120:taxation
53:You may
1021:Privacy
968:USA.gov
384:pension
255:minutes
247:Cabinet
149:in the
124:Babylon
118:, with
110:History
991:, WRAL
919:25 May
663:. WRAL
532:
524:
349:arrest
240:county
155:census
966:from
957:from
878:(PDF)
789:(PDF)
530:S2CID
457:(PII)
361:press
140:quipu
61:, or
921:2018
669:2016
646:2016
522:ISSN
132:Inca
514:doi
400:FBI
163:of
145:In
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