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 Idaho, the relevant law governing public access to government records is the Idaho Public Records Act (IPRA), which is similar to the federal Freedom of Information Act (FOIA). The IPRA is codified in Title 74, Chapter 1 of the Idaho Code. This Act ensures that most records maintained by state and local government agencies are available to the public, with certain exceptions. Citizens can request to inspect and copy public records, and government agencies are required to respond to these requests within a reasonable time frame. However, the Act also lists specific exemptions where government records can be withheld from the public, such as records involving personal privacy, law enforcement investigations, trade secrets, and other sensitive information. If a request is denied, the requester may appeal the decision, and the issue may be reviewed by the Idaho Attorney General's office or ultimately resolved in court.