Most states have laws—statutes that are sometimes referred to as Acts—that make most government records open to the public. These laws are similar to the federal Freedom of Information Act (FOIA) and are often known as open records acts or public information acts.

These public information or open records acts provide a mechanism for citizens to inspect or copy government records—and provide the governmental bodies from whom the records are requested with the right to withhold government records from the public in certain instances.

Public information or open records acts generally require a governmental entity to release information in response to a request for information. But if a governmental entity determines the information is excepted from disclosure under the law, then both the request and the information at issue must be reviewed by another governmental division. The reviewing division will issue a decision on whether the governmental entity is permitted to withhold the requested information or must release the information to the requestor (often a citizen or member of the media).

These public information or open records laws vary from state to state and are usually located in a state’s statutes.

In Arkansas, the primary law governing public access to government records is the Arkansas Freedom of Information Act (FOIA), codified at Ark. Code Ann. §§ 25-19-101 through 25-19-109. This Act ensures that the public has access to records, documents, and other information pertaining to government operations. The Arkansas FOIA applies to all records maintained by public officials and agencies, except for those records specifically exempted by the Act or other state laws. Exemptions include but are not limited to personnel records, certain law enforcement records, and attorney-client communications. When a request for records is made under the Arkansas FOIA, the governmental entity must respond within three working days. If the entity denies the request, it must provide a written explanation. If a requester believes their request has been wrongfully denied, they may appeal the decision to the circuit court. The Arkansas FOIA is a powerful tool for ensuring transparency and accountability in government, and it reflects a policy that the business of the government is a public matter.