Connecticut House Bill HB05354

Connecticut 2017 Regular Session

• Introduced: 1/10/17
• Refer: 1/10/17
• Refer: 3/24/17

Caption

An Act Concerning Appeals Under The Freedom Of Information Act.

Impact

The legislation aims to streamline administrative processes for public agencies by reducing the burden of excessive and potentially harassing information requests. By allowing agencies to categorize certain requesters as vexatious, the bill seeks to ensure that resources can be allocated to legitimate requests rather than being consumed by unproductive appeals. This could potentially lead to more efficient operations within public agencies while also maintaining a measure of access to information for citizens.

Summary

House Bill 05354 is designed to amend the Freedom of Information Act (FOIA) in order to provide public agencies with the means to seek relief from individuals classified as vexatious requesters. The bill enables agencies to petition the Freedom of Information Commission if they believe a requester’s history demonstrates a pattern of abuse regarding information requests. Such petitions will require detail on the conduct of the requester, and the commission will have the authority to grant relief if deemed appropriate, including not complying with future requests for a specified period of time.

Sentiment

The reception of HB 05354 has been mixed among lawmakers and advocacy groups. Supporters argue that the bill protects public agencies from undue harassment and allows them to focus on meaningful transparency efforts. Critics, however, worry that the provisions regarding vexatious requesters could be misused to stifle legitimate inquiries and limit public access to information, which could be seen as undermining the spirit of the Freedom of Information Act.

Contention

One notable point of contention surrounding the bill is the potential for misapplication of the term 'vexatious requester.' Opponents argue that this criterion could be applied subjectively, leading to arbitrary decisions in denying requests from individuals whose inquiries may challenge agency actions. Additionally, the idea of civil penalties for frivolous appeals raises concerns about who determines what constitutes harassment and could foster a chilling effect on public inquiry. Overall, the bill reflects a balancing act between maintaining transparency and protecting agency functions from potential abuse.