{"id":1024,"date":"2019-09-12T12:14:12","date_gmt":"2019-09-12T17:14:12","guid":{"rendered":"https:\/\/www.wisconsin.edu\/compliance\/?page_id=1024"},"modified":"2023-05-18T14:39:27","modified_gmt":"2023-05-18T19:39:27","slug":"faq","status":"publish","type":"page","link":"https:\/\/www.wisconsin.edu\/compliance\/public-records\/faq\/","title":{"rendered":"Frequently Asked Questions"},"content":{"rendered":"\n\t\t\t\t\t
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Wisconsin Public Records Law (WPRL) (Wis. Stats. \u00a7\u00a7 19.31-19.39<\/a>) embodies the principle that all persons are entitled to the greatest possible information regarding government affairs and the official acts of government officers. Consistent with this principle, WPRL creates a strong legal presumption in favor of complete public access to public records.<\/p>\n

Scope of the Law<\/strong><\/h2>\n

WPRL generally requires public offices and officials, including University of Wisconsin System institutions, to permit inspection and copying of public records and to adopt and post guidelines about how the public may inspect and copy these records.\u00a0Wis. Stats. \u00a7\u00a7 19.32 (2)<\/a>\u00a0and\u00a019.34 (1)<\/a>. Each institution designates a legal records custodian to process record requests.<\/p>\n

The term \u201crecords\u201d is broadly defined to include almost all information existing in a tangible medium\u00a0maintained by a public institution, including UW System institutions. The definition of records includes electronic records such as email. Excluded from the definition of records are notes, drafts, preliminary computations, and similar items prepared for personal use. Also excluded are personal property having no relation to the owner\u2019s public office; material to which access is limited by copyright, patent or bequest; and published material available for sale or at the public library.\u00a0Wis. Stat. \u00a7 19.32 (2)<\/a>. In addition, WPRL does not require the custodian to create new records to respond to a request, nor does it require custodians to answer questions.\u00a0Wis. Stat. \u00a7 19.35 (1)(L)<\/a>.<\/p>\n<\/div>\n\t\t\t<\/div>\n\t\t\t

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Responding to a Record Request<\/h2>\n

When responding to a request for a record, the institution’s legal records custodian should consider whether the material requested is a record, as defined in the statute, and if such a record exists. If the custodian determines that the material requested is an existing record, it should be presumed to be accessible.<\/p>\n

The custodian should next consider whether the law specifically requires disclosure of the record, or whether an exception to disclosure applies. The following are among the common exceptions to disclosure allowed by law:<\/p>\n

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  1. The record is a trade secret.\u00a0Wis. Stat. \u00a7 19.36 (5)<\/a>\u00a0(e.g., a confidential customer list).<\/li>\n
  2. The record is exempted from disclosure by federal or state laws.\u00a0Wis. Stat. \u00a7 19.36 (1)<\/a>\u00a0(e.g., FERPA-protected education records).<\/li>\n
  3. The record is protected from disclosure by common law limitations.\u00a0Wis. Stat. \u00a7 19.35<\/a>\u00a0(e.g., the attorney-client privilege).<\/li>\n
  4. The public interest in nondisclosure of the record outweighs the public interest in disclosure (\u201cthe balancing test\u201d). In applying this balancing test, the custodian may consider the public policy exceptions to Wisconsin\u2019s Open Meetings Law,\u00a0Wis. Stat. \u00a7 19.85<\/a>, and deny the request if one of those exceptions outweighs the public\u2019s interest in disclosure. If the custodian decides that a record should be released but for the fact that it contains some non-disclosable information, the custodian must delete (redact) the non-disclosable portions of the record.<\/li>\n<\/ol>\n

    If the custodian believes that a request should be denied for these or other reasons, he or she should consult with the Office of General Counsel or Campus Legal Counsel.<\/p>\n<\/div>\n\t\t\t<\/div>\n\t\t\t

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    Form of Request<\/h2>\n

    Record requests must be reasonably specific as to the subject matter and time period involved in the request. Requests need not be written nor be identified as a \u201cformal\u201d request. The requester need not identify himself or herself, nor provide a reason for making the request. Fees may be charged for the actual, direct costs of copying records, and in some instances for costs associated with retrieval of the records if that amount exceeds $50.00.<\/p>\n<\/div>\n\t\t\t<\/div>\n\t\t\t

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    Time for Responding to a Request<\/h2>\n

    Responses to record requests must be given as soon as practicable and without delay.\u00a0Wisconsin Executive Order #189<\/a>\u00a0requires that a response be made within ten working days to a simple and straightforward request. If it is not possible to respond within that time, it is appropriate to acknowledge the request and explain that a response will be provided as soon as possible.<\/p>\n

    Form of Response<\/h2>\n

    Written responses are required if the request is in writing, if the oral requester asks for a response in writing, or if a request is denied. Any denial must include specific reasons for the denial citing to the statutes and must inform the requester of his or her right to seek review of the denial from the district attorney, the attorney general, or the courts.<\/p>\n

    Records may be produced in electronic format unless the requester objects and must be produced digitally at the requester’s choice if the information is held primarily in a digital format.<\/p>\n<\/div>\n\t\t\t<\/div>\n\t\t\t

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    Penalties for Violating WPRL<\/h2>\n

    A court may award damages of not less than $100 and fees, including attorney\u2019s fees, to a requester who successfully challenges a denial of a request.\u00a0Wis. Stat. \u00a7 19.37 (2)<\/a>. In addition, if the court finds that the institution or custodian arbitrarily or capriciously denied or delayed a response to a request or charged excessive fees, the court may require either the institution or the custodian to pay the requester punitive damages or to forfeit not more than $1,000.\u00a0Wis. Stat. \u00a7 19.37 (3) and (4).<\/a><\/p>\n<\/div>\n\t\t\t<\/div>\n\t\t\t

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    Special Considerations<\/h2>\n