freedom of information

New York Governor Andrew Cuomo has proposed several changes to that state's Freedom of Information Law in the state budget. Open access advocates are criticizing the changes, saying that one would make it "harder for litigants to win court awards of attorney's fees in cases where agencies disregard valid FOIL requests or had no valid reason for delaying compliance with the law" and the other would reject FOIL requests regarding "critical infrastructures", The New York Law Journal's Joel Stashenko reports.

Cuomo also has proposed extended FOIL to the New York Legislature.

New York Governor Andrew Cuomo vetoed a bill that would have required government agencies to obey a 90-day limit to appeal court decisions in favor of people requesting information under New York's Freedom of Information Law, The New York Times' Jesse McKinley reports. However, the governor issued an executive order that essentially reversed his veto of the bill, setting a 60-day window for a legal response by government agencies except for "'extremely complex matters or extraordinary circumstances outside agency control.'"

Cuomo also vetoed a bill that would have allowed courts to order legal fees in favor of people who request information

The Connecticut Supreme Court has ruled that the psychiatric records of the female serial killer who was the basis of "Arsenic and Lace" cannot be released, The Connecticut Law Tribune's Christian Nolan reports.

Amy Archer Gilligan poisoned several of her boarders and was hospitalized as criminally insane. The Supreme Court held that the psychiatrist-patient privilege and Gilligan's privacy interests, even though she has been deceased for 50 years, trumped the disclosure of historical medical records held by a government agency.

The governors of New York and New Jersey are both going to veto a bill that aimed to clean up political patronage at the Port Authority of New York and New Jersey, the New York Times' Jesse McKinley reports. The bill was passed with broad support from legislators in both states. But the governors do support applying Freedom of Information Law to the port authority.

ProPublica reports that the Red Cross had dropped its argument that documents about how it spent $300 million in disaster-relief funds on Superstorm Sandy contain trade secrets. The Red Cross disclosed that the largest Sandy expenditures involved financial assistance, food, other relief items, programming resources and paying for the deployment of staff and volunteers: "More than half the money spent, $129.6 million, went to financial assistance, food, and other relief items. .... The next-largest expenditures were $46.1 million for 'deployment of staff and volunteers (e.g. air travel, rental vehicles, meals, lodging for volunteers)' and $30 million for 'costs of permanent program resources included in Superstorm Sandy response.'" 

New York Attorney General Eric Schneiderman sought details on how the Red Cross spent money on Superstorm Sandy relief, and ProPublica sought the correspondence through a Freedom of Information request, ProPublica previously reported. The Red Cross initially objected to the FOIA request on trade secret grounds.

United Nations Secretary-General Ban Ki-moon said last week on World Press Freedom Day that "freedom of expression, independent media and universal access to knowledge will fortify our efforts to achieve lasting results for people and the planet," Pakistan's The Nation reports. The secretary general also criticized attacks on journalists.

The Connecticut legislative panel, appointed to examine restrictions on access to records in the wake of the Sandy Hook school shooting, voted 14-3 to recommend "setting up a new system that will allow the public, including members of the media, to privately inspect [crime photos, 911 audio tapes and other information from homicides], also including video and internal police communications from a homicide. They would then go through a process to obtain actual copies, ultimately having to prove there's a strong public interest in the information," the Associated Press reports. It is not unknown if Connecticut legislators will adopt the recommendation.

The panel would shift the burden onto the media or other members of the public requesting the information.

The taskforce also recommended that "the identity of minors who witness a crime of violence, sexual offense or drug offense should not be disclosed," the AP reports.

In the wake of the Sandy Hook school shootings, Connecticut has been having a huge debate on where to draw the line between public access to law enforcement records like 911 calls and protecting victims' families from further trauma and further invasions of their privacy. During testimony before a legislative task force, the spouse of one of the adults killed in the shooting suggested a compromise, according to the Hartford Courant: "Bill Sherlach, whose wife Mary was among the six adults and 20 children shot to death on Dec. 14, told members of the Task Force on Victim Privacy and the Public's Right to Know that he's willing to support a compromise: the release of a written account of the 911 calls made that day, as long as the audio is not made public. 'Transcripts can rely all the information that the public wants without having to hear the sounds of a slaughter in the background,'' he said."

A legislative task force appointed to give advice to elected representatives on the release of crime scene photos and emergency-call recordings heard testimony that "the news media needs access to as much information as possible -- even gruesome photos -- about Connecticut homicides in order to better inform the public," The Connecticut Post reported.

Meanwhile, a Connecticut legislator, whose district includes the town where the Sandy Hook school shootings occurred, questioned trusting the judgment of the media about releasing such materials. '"The idea of the public's need to know and the public's intrusion versus the victims' rights was obscene, in my mind. Having been there, having observed the behavior of the media was outrageous. To ask me to specifically trust the judgments of the media, I'm not willing to do that,"' The Post reported the legislator saying.