How To File A Freedom Of Information Or Public Information Act Request

When we think of the freedoms we enjoy in this country, we often think of the freedoms protected by the First Amendment: religion, speech, press, assembly and petition. The Freedom of Information Act (FOIA) is another important law: It furthers federal governmental transparency. Corresponding state Public Information Acts similarly allow the public access to state government information.

Under FOIA, citizens can request federal governmental records for a reasonable fee, so long as the “disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.”

The Maryland Public Information Act (PIA) mirrors the federal law, allowing for the production and inspection of state public records. A “public record” is defined as any “documentary material that is made (or received) by a unit or an instrumentality of the State or of a political subdivision in connection with the transaction of public business.” There are, of course, certain exemptions.

In cases where people have been injured in motor vehicle collisions and slip-and-fall cases, often through no fault of their own, there may be governmental information that can help elucidate the facts of the case or provide a legal basis for a claim. For example, if a 911 call has been made, the 911 audio may reveal certain admissions. If a police officer responds to the scene of a motor vehicle accident, his or her body-worn camera video may provide important information about the scene, the location and condition of the vehicles, or the statements made by the parties. It might help identify witnesses who were not listed on the police report. In a premises liability case, there may be records about permitting and inspection. It is important to think creatively about which types of information may be available and from which agencies.

Under these laws, each governmental agency must set up a procedure by which citizens may request its records. If you or a family member is injured and is interested in making a FOIA or PIA request, you can usually make such a request on the agency website. Each government agency will post on its website either a form that a person may use to request certain documents or the contact information for an employee who manages the PIA requests. If a PIA request is approved, the agency generally has 30 days to respond to the citizen inquiry. The agency may charge a small fee for producing the materials.

If you are injured in a motor vehicle collision or a slip and fall, you will have many questions. You should consult with an attorney who is familiar with this area of the law, who will assist you in making informed decisions, and who will make sure that you receive the compensation to which you are entitled.

To learn more about this subject, contact David Diggs at the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 302, in Millersville. Call 410-244-1189 or email david@diggslaw.com. 

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