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How Redaction Helps Government Agencies Comply with the Florida Sunshine Law
Redaction for the Florida Sunshine Law

Florida’s laws are renowned for their commitment to government transparency. The Florida Sunshine Law, in particular, is a
fascinating legislation that requires government meetings and records to be open to the public, promoting accountability and public participation.


However, the law also recognizes the need to protect citizens’ private or sensitive information. That’s where redaction comes in!

Redaction is the process of removing sensitive information from a document or record. It is a delicate balancing act that
allows Florida’s government agencies to share public records while concealing sensitive information like trade secrets, private data, and law enforcement information.


However, redaction can also have some challenges. If not conducted properly, it can obscure important information, hinder public scrutiny, and lead to legal challenges. The subjective process of determining which data needs to be left out during redaction can also lead to inconsistencies and errors.


This article discusses how government agencies use redaction to fulfill the requirements of Florida’s Sunshine Law. Keep reading
to learn how the government shares information with the public while safeguarding privacy and protecting sensitive information.

Understanding Florida’s Sunshine Law

The Sunshine Law is a Florida state law that gives citizens the “right of access” to public records, governmental proceedings,
university documents, and any other materials developed in connection with official university business eg videos, images, sound recordings, text messages, etc.


The law gives citizens confidence in their government, by knowing how it works. They can keep tabs on the workings of government agencies by looking out for problems, pointing them out to the proper representatives, and holding public officials accountable for their actions.


Generally speaking, transparency prevents corruption, waste, and abuse of power. However, the Sunshine Law considers that some types of information ought to have a certain kind of protection. It lists some exemptions that allow government agencies to withhold certain categories of records. These protect sensitive information such as:


·    Personal information: includes data of Social Security numbers, medical records, or private home addresses of
    individuals.


·    Trade secrets: Confidential business information, disclosure of which may be eventually harmful to the competitive
    position of the company.


·    Law enforcement investigations: Information which, if disclosed, could seriously undermine an ongoing investigation or imperil       public safety.


·    Attorney-client privilege: communications between attorneys and their clients.


·    Work product: generally describes the documents made by attorneys while preparing for cases.


The public records request has to be written and submitted to the proper government agency tasked with its custody. Upon receipt of the request, the agency in question is compelled to give a response within a specific time limit. If the agency determines that the records requested are public, it has no choice but to disclose them to the requester.


If, on the other hand, it finds grounds for believing any part of the records should not be made public, it redacts the relevant
portions before releasing the records. It is also important to remember that the Sunshine Law has always been an evolving document, interpreted and refined to more clearly define what comes within its scope.

Why redaction is important

Redaction has balanced the principles of transparency and privacy, called for under the Sunshine Law in Florida. This would involve the said agencies carefully removing sensitive information so that the public could gain access to key documents about the government without disclosing information that might potentially harm individuals or organizations.

Safeguarding personal information

One of the most important reasons for redaction is keeping personal information private. Public records often contain, among many others, social security numbers, dates of birth, home addresses, and medical records that are regarded as sensitive personal information.


Disclosure of such information could expose an individual to identity theft or harassment. Redacting personal information in such cases will help agencies protect privacy rights.

Concealing business information

The other critical reason for redaction relates to trade secrets. Many public records often contain confidential business
information and, when disclosed, could be very harmful to a competing company. Redacting the trade secrets will help the agencies level the playing field and promote fair competition.

Protecting ongoing investigations

Redaction also plays an essential role in the protection of law enforcement investigations. Public records may contain
information on ongoing investigations, including the names of suspects, victims, and witnesses. Disclosing such information could affect the integrity of the investigation and further put lives at risk. Through redaction, agencies can protect the confidentiality of ongoing investigations.

Keeping government secrets

In addition to protecting individuals, organizations, and law enforcement investigations, redaction protects the integrity of the
operations of government. Agencies redact privileged communications, such as attorney-client communications or work products, to protect the confidentiality of legal advice that enables the government to effectively represent its interests.


Redaction is a complex process, needing cautious consideration and judgment. Agencies have to balance transparency with privacy by not holding too much information back, yet at the same time, not disclosing sensitive information. If best practices and appropriate techniques for redaction are observed, agencies will be able to protect sensitive information while executing the obligation of providing access to government records to the public.


Redaction techniques and best practices

There are several types of redaction, each with its pros and cons. Here’s a small breakdown:

Manual Redaction

Manual redaction requires an individual physically to black out or white out the sensitive information. Although it allows precise
control, it usually is not only time-consuming but also prone to human error.


Here are a few best practices for manual redaction:


·    Exemptions to Sunshine Law: Make the redactions validly justifiable based on certain specified exemptions under the
Florida Sunshine Law.


·    Document the process of red-action: Record the process of redaction, including the reasons for such redaction and
what kind of exemption was applied.


·    High-quality materials: Use only markersor pens that produce clear, permanent redaction.


·    Cover the entire area: Ensure that the redaction completely covers the sensitive information.


·    Double-check your work: The redacted document should be reviewed for accuracy and completeness.

Automated Redaction Software

You can also use automated redaction software like iDox.ai to redact documents. The software uses complex algorithms that identify places where sensitive information should be redacted. This can increase efficiency and build accuracy, especially when working with high volumes.


Here are some of the features you should consider when choosing a redaction software:


·    Sunshine Law Compliance: It would have to be able to detect and redact information according to the specific exemptions under the Florida Sunshine Law.


·    Correct identification: The software should be developed to identify sensitive information, such as personal data, proprietary information, and records related to law enforcement.


·    Flexible redaction options: It would provide different ways of redacting, including blacking out, whitewashing, and pixelation.


·    Custom Rules: This allows users to develop user-custom rules on redaction that can be fitted according to the needs of the actual Florida Sunshine Law.


·    Integration Capabilities: It must be able to integrate with the currently running document management systems and workflows.


·    Security and Compliance: This relates to the standards of security and the regulations about privacy maintained in the software to protect sensitive information.


Automated redaction softwares are highly efficient because they save time when there are many documents to be redacted. They are also accurate because their advanced algorithms minimize human error and ensure consistency. Additionally, they improve security by preventing unauthorized access to sensitive information.

Legal and ethical considerations for redaction

Redaction shall be done according to FSS 119.07, or Florida Sunshine Law, and other applicable laws and regulations regarding exemptions in public records. Over-redaction leads to an access barrier of the public to the information, while under-redaction may result in inadvertently releasing sensitive information.


Here are the key considerations you need to make for redaction:


·    Balance Transparency and Privacy: Redact only the information that is necessary to protect privacy or security concerns,
yet allow access to the essence of such information to the public.


·    Sunshine Law Exemptions: Make redactions based on specific exemptions provided by Florida's Sunshine Law.


·    Documentation of Redaction Process: Records regarding the process of redaction should be kept, including reasons for
redaction and the specific exemptions applied.


·    Periodic Review and Update of Redaction Policy: Periodically review and update redaction policies to account for recent legal and technological changes, as well as the unique needs of the Florida Sunshine Law.


The future of redaction and the Florida Sunshine Law

As technologies and laws evolve, redaction and its significance to Florida’s government in the Sunshine Law will change
accordingly. Artificial Intelligence and Machine Learning have the potential to automate the redaction process for better efficiency and accuracy. AI algorithms with less bias are also likely to be developed, creating accurate and non-prejudicial redactions.


As data privacy laws increase, redaction practices must also change for government agencies to meet the requirements of new laws and standards. This is one area where cybersecurity threats pose an immense challenge and need stringent security measures.


The approach of government agencies should revolve around training, embracing technology, collaboration principles, transparency, and cognizance of the latest developments. In so doing, they will be appropriately equipped for the battles and opportunities that the future brings, and they will continue to uphold the principles of the Sunshine Law.


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