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 Nebraska, the public's right to access government records is governed by the Nebraska Public Records Law, which is similar to the federal Freedom of Information Act (FOIA). This law is codified in the Nebraska Revised Statutes, sections 84-712 to 84-712.09. The law mandates that all public records of government bodies are open to the public for inspection and copying, subject to certain exceptions. These exceptions include records that are considered confidential by statute, records that would lead to an unwarranted invasion of personal privacy, trade secrets, and other categories outlined in the statutes. When a request for records is made, the governmental entity must determine whether any of these exceptions apply. If the entity decides to withhold records, the decision can be reviewed by another governmental division, which will then issue a ruling on whether the records must be disclosed or can be lawfully withheld. It is important for requestors to understand that while the law provides broad access, there are specific procedures and potential exemptions that may affect the release of certain records.