Public Record Request Failures

By Alisa Fetic

Public record requests are a common practice in the United States. Journalists, politicians, and concerned citizens alike use them as a tool to obtain information they're legally entitled to access under official laws. But despite their importance, public record requests aren't always handled the way they should be. There are countless high-profile examples of large organizations and groups failing to properly produce records, for reasons ranging from logistical issues to outright dereliction of responsibility. In this article, we'll go over two of these cases and explain what make them such important learning opportunities to those who fall under the provisions of laws like the PRA.

UW Public Records Office

The University of Washington's football team decided to partner with rapid antigen company Quidel to handle player testing protocols at the onset of COVID-19. It, like many other schools in the country, was doing everything it could to salvage the 2020 season, and hoped that offering these ultra-rapid - but notably less accurate - tests would be enough to keep the team safe.

The Seattle Times and other local media outlets quickly jumped on this story, filing a public records request to the UW for copies of emails about the Quidel deal.

The school responded by saying it could not find any relevant records, not once, but twice, after being asked to search again. Further investigation by the Seattle Times with Oregon State University revealed that there were indeed emails regarding the matter - many of which painted an ugly picture of the school's decision-making process.

The UW was forced to admit it had failed to properly search for the emails, and local media outlets sued them for violating the Public Record Act. It blamed the fact that the school was incredibly short on resources and only had eight employees to respond to requests for information.

This incident isn't just noteworthy for the $97,000 settlement it cost the University of Washington. It also resulted in an intangible loss, that being the damage the school's reputation suffered after all was set and done.

West v City of Tacoma (1/28/2020)

In 2013, the city of Tacoma purchased a new surveillance system known as 'Stingray' from the FBI. Per the Bureau's request, the local government signed an NDA prohibiting it from sharing any information about the technology or its existence. Shortly thereafter, a public record request was made by resident Arthur West seeking records related to the acquisition, which the city promptly responded to.

But the documents provided by the city were heavily redacted, specifically with regards to the make, model and prices of certain equipment. The city fully cited the specific intelligence information exemption in RCW 42.56.240(1) as justification for redacting the sensitive data.

West soon after appealed the city's decision, claiming that their search for documents was inadequate and hence, withholding information on the matter was illegal.

After deliberation, the court reasoned that while the city was correct to withhold certain documents pertaining to 'Stingray', they had also failed to turn over emails about the technology, including responses to a reporter's questions. This was deemed responsive to West's request and therefore constituted withholding of public records - something strictly prohibited by the PRA.

These two cases demonstrate just how easy it is to run afoul of public records law, even when specifically trying to abide by it. In both cases, the courts found that despite good intentions, there had been a violation of the law, and this was something that could have been easily avoided. This is why it's so important for those tasked with responding to public record requests to take their jobs seriously and make sure they are providing all of the relevant documents that have been requested - it's not just the law, but a matter of public trust.

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Dec 21, 2022

Latest Data Breach News Story

By Alisa Fetic The breach of Optus' customer database is the latest data breach story to rock the news. The data breach exposed the personal information of hundreds of thousands of customers, including their names, dates of birth, and phone numbers. As a result, Optus began notifying customers who may have been affected by the breach. On their website, they posted a statement stating that it is collaborating with the Australian Cyber Security Center to reduce any threats to customers. Optus also reported the "strange activities" to the Australian Federal Police, and an investigation was launched to determine who has been accessing the data and for what reason. The company assured its customers that it would provide updates as they become available. They also advised them not to use passports for online identification until the matter is resolved. Optus also notified its customers to be alert for any fraudulent activity they detected. Furthermore, they should secure their online accounts using two-factor authentication and unique, complicated passwords. But how could this data breach have been prevented? How Optus Could Prevent Data Security Breaches Redaction Redaction is a way to hide sensitive information from the public view. It is commonly used in the legal and financial industries to protect confidential information that criminals or competitors may use. Redaction is also used to release information about a client, such as names and addresses, to prevent cyber criminals from learning more about them. The process can be done manually by hand-writing over the original document or electronically by using computer software like Objective Redact or CaseGuard. More Ways Optus Could Prevent Data Security Breaches Install Firewall Software A firewall protects from hackers by blocking unauthorized attempts to access or modify network data or control systems. It also prevents intruders from using your computer as an entry point into the network or accessing sensitive files on it. There are two types of firewall software: hardware-based and software-based. Hardware-based firewalls include routers and switches that protect the entire network by restricting all traffic passing through it. Software-based firewalls run on a single computer and can be set up at home or in business premises to separate work and private networks. Encrypt All Customer Data Encryption is a process that transforms plain text into cipher text. This transformation prevents someone from viewing or accessing your data without the proper key needed to decrypt it. In this way, if a hacker were to break into your system and steal passwords, they would not be able to access any other information in the system because all their passwords would be encrypted with that one key. Encrypting client information helps prevent hackers from gaining access to them while being transmitted between servers and users in a network. Limit Employee Access to Crucial Company Data To do this, businesses can implement policies limiting how much access each employee has to critical company data. These policies may include: A password policy : Allowing employees to log in with a password rather than using their name and social security number (or other personally identifiable information) as their username will help ensure that no unauthorized person can access your system. Wrap-Up On Optus's Data Breach Data breaches can have a devastating effect on affected companies, not to mention their customers. In reality, they are one of the biggest threats to the corporate world, yet many companies lack a sufficient defense against them. All it takes is one mistake to let a hacker in, and they can wreak havoc on your data. Companies should take caution by using measures like redaction to ensure their client's data is safe.

Nov 15, 2022