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 Kansas, the Kansas Open Records Act (KORA) governs the public's access to government records. Similar to the federal Freedom of Information Act (FOIA), KORA is designed to ensure that the public has the ability to inspect and copy public records held by state and local government entities, with certain exceptions. These exceptions are outlined in the Act and may include records related to personal privacy, ongoing criminal investigations, personnel matters, and other sensitive information. When a request for records is made, the government body must determine whether the requested information can be disclosed. If the agency decides to withhold the information, the decision can be reviewed by the Kansas Attorney General's office or through the courts. The Act also sets out the procedure for requesting records, including the response time by the government entity and the potential costs associated with fulfilling the request.