March 31, 2010

South Carolina Freedom of Information Act (FOIA)



The South Carolina Freedom of Information Act (FOIA) was established to allow ordinary citizens to have access to information concerning government actions at many levels. The law guarantees every person the right to attain official documents and records and to attend government meetings. The General Assembly updated the law in 1987, 1998, 2000 and, most recently, 2003.

“The General Assembly finds that it is vital in a democratic society that public business be performed in an open and public manner so that citizens shall be advised of the performance of public officials and of the decisions that are reached in public activity and public policy,” said Henry McMaster, South Carolina attorney general.

South Carolina’s FOIA is divided into sections that cover many different aspects of the law. First, it determines which government bodies are subject to the FOIA. If public funds support a body, or if a body expends public funds, then it is subject to scrutiny. However, health care affairs, medical disciplinary matters, case evaluations and peer reviews are “exempt” from the FOIA, according to www.scstatehouse.gov. Social Security numbers and student academic records follow under this category, too.

The FOIA applies to public records, which constitute books, papers, photographs, recordings, tapes and computer data that a public body has possessed, prepared or retained. But domestic security information and trade secrets are an exception. Any person may review a public item as long as it is not prohibited by other parts of the law. During business hours, certain basic records, such as meeting minutes, must be offered to the public on-the-spot wit
hout a written demand.

Citizens have the right to attend public meetings also. A public meeting is determined by if a quorum exists, which means there is enough people present to cast an official vote. This includes in-person meetings, social gatherings and conference telephone calls. If a quorum is present at a public business meeting, it should be op
en and announced to citizens and the media prior to its start, according to the official South Carolina FOIA code of laws.

Freedom of Information Laws exist that some people do not even realize:
  • If a contract or property sale is being negotiated, these records may be protected from the public until after the deal is finished.
  • The public may know the compensations of public bodies.
  • If faculty members at state institutions of higher education file research records or collect data, they may be hidden from the public.
  • Certain meetings regarding the investment of public employee retirement funds may be closed to the public.

“The best governments – state, county and community – offer the greatest access to their activities and records,” said John Shurr, chairman on the S.C. Press Association Freedom of Information Committee.

Sunshine Week, an annual nationwide campaign designed to encourage open government and freedom of information, recently ran from March 14-20. Numerous South Carolina media outlets and citizens participate in the event each year, which originally began in 2005. FOI laws are frequently called “Sunshine Laws” because they “let the light shine in on government meetings and records,” according to Shurr.

Check out this brief video for more information about Sunshine Week: http://www.youtube.com/watch?v=-t2XNb6Zvrw