19.35(1)(a)(a) Except as otherwise provided by law, any requester has a right to inspect any record. Substantive common law principles construing the right to inspect, copy or receive copies of records shall remain in effect. The exemptions to the requirement of a governmental body to meet in open session under
s. 19.85 are indicative of public policy, but may be used as grounds for denying public access to a record only if the authority or legal custodian under
s. 19.33 makes a specific demonstration that there is a need to restrict public access at the time that the request to inspect or copy the record is made.
19.35(1)(am)
(am) In addition to any right under
par. (a), any requester who is an individual or person authorized by the individual, has a right to inspect any record containing personally identifiable information pertaining to the individual that is maintained by an authority and to make or receive a copy of any such information. The right to inspect or copy a record under this paragraph does not apply to any of the following:
19.35(1)(am)1.
1. Any record containing personally identifiable information that is collected or maintained in connection with a complaint, investigation or other circumstances that may lead to an enforcement action, administrative proceeding, arbitration proceeding or court proceeding, or any such record that is collected or maintained in connection with such an action or proceeding.
19.35(1)(am)2.
2. Any record containing personally identifiable information that, if disclosed, would do any of the following:
19.35(1)(am)2.c.
c. Endanger the security of any state correctional institution, as defined in
s. 301.01 (4), jail, as defined in
s. 165.85 (2) (bg), secured correctional facility, as defined in
s. 938.02 (15m), secured child caring institution, as defined in
s. 938.02 (15g), mental health institute, as defined in
s. 51.01 (12), center for the developmentally disabled, as defined in
s. 51.01 (3), or the population or staff of any of these institutions, facilities or jails.
19.35(1)(am)2.d.
d. Compromise the rehabilitation of a person in the custody of the department of corrections or detained in a jail or facility identified in
subd. 2. c.
19.35(1)(am)3.
3. Any record that is part of a records series, as defined in
s. 19.62 (7), that is not indexed, arranged or automated in a way that the record can be retrieved by the authority maintaining the records series by use of an individual's name, address or other identifier.
19.35(1)(b)
(b) Except as otherwise provided by law, any requester has a right to inspect a record and to make or receive a copy of a record which appears in written form. If a requester appears personally to request a copy of a record, the authority having custody of the record may, at its option, permit the requester to photocopy the record or provide the requester with a copy substantially as readable as the original.
19.35(1)(c)
(c) Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is in the form of a comprehensible audio tape recording a copy of the tape recording substantially as audible as the original. The authority may instead provide a transcript of the recording to the requester if he or she requests.
19.35(1)(d)
(d) Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is in the form of a video tape recording a copy of the tape recording substantially as good as the original.
19.35(1)(e)
(e) Except as otherwise provided by law, any requester has a right to receive from an authority having custody of a record which is not in a readily comprehensible form a copy of the information contained in the record assembled and reduced to written form on paper.
19.35(1)(em)
(em) If an authority receives a request to inspect or copy a record that is in handwritten form or a record that is in the form of a voice recording which the authority is required to withhold or from which the authority is required to delete information under
s. 19.36 (8) (b) because the handwriting or the recorded voice would identify an informant, the authority shall provide to the requester, upon his or her request, a transcript of the record or the information contained in the record if the record or information is otherwise subject to public inspection and copying under this subsection.
19.35(1)(f)
(f) Except as otherwise provided by law, any requester has a right to inspect any record not specified in
pars. (b) to
(e) the form of which does not permit copying. If a requester requests permission to photograph the record, the authority having custody of the record may permit the requester to photograph the record. If a requester requests that a photograph of the record be provided, the authority shall provide a good quality photograph of the record.
19.35(1)(g)
(g) Paragraphs (a) to
(c),
(e) and
(f) do not apply to a record which has been or will be promptly published with copies offered for sale or distribution.
19.35(1)(h)
(h) A request under
pars. (a) to
(f) is deemed sufficient if it reasonably describes the requested record or the information requested. However, a request for a record without a reasonable limitation as to subject matter or length of time represented by the record does not constitute a sufficient request. A request may be made orally, but a request must be in writing before an action to enforce the request is commenced under
s. 19.37.
19.35(1)(i)
(i) Except as authorized under this paragraph, no request under
pars. (a) and
(b) to
(f) may be refused because the person making the request is unwilling to be identified or to state the purpose of the request. Except as authorized under this paragraph, no request under
pars. (a) to
(f) may be refused because the request is received by mail, unless prepayment of a fee is required under
sub. (3) (f). A requester may be required to show acceptable identification whenever the requested record is kept at a private residence or whenever security reasons or federal law or regulations so require.
19.35(1)(j)
(j) Notwithstanding
pars. (a) to
(f), a requester shall comply with any regulations or restrictions upon access to or use of information which are specifically prescribed by law.
19.35(1)(k)
(k) Notwithstanding
pars. (a),
(am),
(b) and
(f), a legal custodian may impose reasonable restrictions on the manner of access to an original record if the record is irreplaceable or easily damaged.
19.35(1)(L)
(L) Except as necessary to comply with
pars. (c) to
(e) or
s. 19.36 (6), this subsection does not require an authority to create a new record by extracting information from existing records and compiling the information in a new format.
19.35(2)
(2) Facilities. The authority shall provide any person who is authorized to inspect or copy a record under
sub. (1) (a),
(am),
(b) or
(f) with facilities comparable to those used by its employes to inspect, copy and abstract the record during established office hours. An authority is not required by this subsection to purchase or lease photocopying, duplicating, photographic or other equipment or to provide a separate room for the inspection, copying or abstracting of records.
19.35(3)(a)(a) An authority may impose a fee upon the requester of a copy of a record which may not exceed the actual, necessary and direct cost of reproduction and transcription of the record, unless a fee is otherwise specifically established or authorized to be established by law.
19.35(3)(b)
(b) Except as otherwise provided by law or as authorized to be prescribed by law an authority may impose a fee upon the requester of a copy of a record that does not exceed the actual, necessary and direct cost of photographing and photographic processing if the authority provides a photograph of a record, the form of which does not permit copying.
19.35(3)(c)
(c) Except as otherwise provided by law or as authorized to be prescribed by law, an authority may impose a fee upon a requester for locating a record, not exceeding the actual, necessary and direct cost of location, if the cost is $50 or more.
19.35(3)(d)
(d) An authority may impose a fee upon a requester for the actual, necessary and direct cost of mailing or shipping of any copy or photograph of a record which is mailed or shipped to the requester.
19.35(3)(e)
(e) An authority may provide copies of a record without charge or at a reduced charge where the authority determines that waiver or reduction of the fee is in the public interest.
19.35(3)(f)
(f) An authority may require prepayment by a requester of any fee or fees imposed under this subsection if the total amount exceeds $5.
19.35(4)
(4) Time for compliance and procedures. 19.35(4)(a)(a) Each authority, upon request for any record, shall, as soon as practicable and without delay, either fill the request or notify the requester of the authority's determination to deny the request in whole or in part and the reasons therefor.
19.35(4)(b)
(b) If a request is made orally, the authority may deny the request orally unless a demand for a written statement of the reasons denying the request is made by the requester within 5 business days of the oral denial. If an authority denies a written request in whole or in part, the requester shall receive from the authority a written statement of the reasons for denying the written request. Every written denial of a request by an authority shall inform the requester that if the request for the record was made in writing, then the determination is subject to review by mandamus under
s. 19.37 (1) or upon application to the attorney general or a district attorney.
19.35(4)(c)
(c) If an authority receives a request under
sub. (1) (a) or
(am) from an individual or person authorized by the individual who identifies himself or herself and states that the purpose of the request is to inspect or copy a record containing personally identifiable information pertaining to the individual that is maintained by the authority, the authority shall deny or grant the request in accordance with the following procedure:
19.35(4)(c)1.
1. The authority shall first determine if the requester has a right to inspect or copy the record under
sub. (1) (a).
19.35(4)(c)2.
2. If the authority determines that the requester has a right to inspect or copy the record under
sub. (1) (a), the authority shall grant the request.
19.35(4)(c)3.
3. If the authority determines that the requester does not have a right to inspect or copy the record under
sub. (1) (a), the authority shall then determine if the requester has a right to inspect or copy the record under
sub. (1) (am) and grant or deny the request accordingly.
19.35(5)
(5) Record destruction. No authority may destroy any record at any time after the receipt of a request for inspection or copying of the record under
sub. (1) until after the request is granted or until at least 60 days after the date that the request is denied or, if the requester is an incarcerated person, until at least 90 days after the date that the request is denied. If an authority receives written notice that an action relating to a record has been commenced under
s. 19.37, the record may not be destroyed until after the order of the court in relation to such record is issued and the deadline for appealing that order has passed, or, if appealed, until after the order of the court hearing the appeal is issued. If the court orders the production of any record and the order is not appealed, the record may not be destroyed until after the request for inspection or copying is granted.
19.35(6)
(6) Elected official responsibilities. No elected official is responsible for the record of any other elected official unless he or she has possession of the record of that other official.
19.35 Annotation
See note to s. 59.20, citing State ex rel. Bilder v. Delavan Tp. 112 W (2d) 539, 334 NW (2d) 252 (1983).
19.35 Annotation
Although meeting was properly closed, in order to refuse inspection of meeting records custodian was required by (1) (a) to state specific and sufficient public policy reasons why public interest in nondisclosure outweighed public's right of inspection. Oshkosh Northwestern Co. v. Oshkosh Library Bd. 125 W (2d) 480, 373 NW (2d) 459 (Ct. App. 1985).
19.35 Annotation
Public records germane to pending litigation were available under this section even though discovery cutoff deadline had passed. State ex rel. Lank v. Rzentkowski, 141 W (2d) 846, 416 NW (2d) 635 (Ct. App. 1987).
19.35 Annotation
In determining whether trial court properly upheld custodian's denial of access, appellate court will inquire whether trial court made a factual determination supported by record of whether documents implicate secrecy interest, and, if so, whether secrecy interest outweighs release interest. Milwaukee Journal v. Call, 153 W (2d) 313, 450 NW (2d) 515 (Ct. App. 1989).
19.35 Annotation
That releasing records would reveal confidential informant's identity was legally specific reason for denial of records request; public interest in revealing informant's identity outweighed public interest in disclosure of records. Mayfair Chrysler-Plymouth v. Baldarotta, 162 W (2d) 142, 469 NW (2d) 638 (1991).
19.35 Annotation
Recognized public policy interest in denying access to police personnel files overrides presumption that records should be released. Village of Butler v. Cohen, 163 W (2d) 819, 472 NW (2d) 579 (Ct. App. 1991).
19.35 Annotation
Items subject to examination under 346.70 (4) (f) may not be withheld by prosecution under common law rule that investigative material may be withheld from criminal defendant. State ex rel. Young v. Shaw, 165 W (2d) 276, 477 NW (2d) 340 (Ct. App. 1991).
19.35 Annotation
Prosecutor's files are exempt from public access under common law. State ex rel. Richards v. Foust, 165 W (2d) 429, 477 NW (2d) 608 (1991).
19.35 Annotation
Records relating to pending claims against state under 893.82 need not be disclosed under 19.35; records of non-pending claims must be disclosed unless an in camera inspection reveals attorney client privilege would be violated. George v. Record Custodian, 169 W (2d) 573, 485 NW (2d) 460 (Ct. App. 1992).
19.35 Annotation
Public records law confers no exemption as of right on indigents from payment of fees under (3). George v. Record Custodian, 169 W (2d) 573, 485 NW (2d) 460 (Ct. App. 1992).
19.35 Annotation
Denial of prisoner's information request regarding illegal behavior by guards on the grounds that it could compromise the guards' effectiveness and subject them to harassment was insufficient. State ex. rel. Ledford v. Turcotte, 195 W (2d) 244, 536 NW (2d) 130 (Ct. App. 1995).
19.35 Annotation
The amount of prepayment required for copies may be based on a reasonable estimate. State ex rel. Hill v. Zimmerman, 196 W (2d) 419, 538 NW (2d) 608 (Ct. App. 1995).
19.35 Annotation
The Foust decision does not automatically exempt all records stored in a closed prosecutorial file. The exemption is limited to material actually pertaining to the prosecution. Nichols v. Bennett, 199 W (2d) 268, 544 NW (2d) 428 (1996).
19.35 Annotation
There is no blanket exception under the open records law for public employe disciplinary or personnel records. There must be a balancing of interests on a case by case basis. Wisconsin Newspapers, Inc. v. School District of Sheboygan Falls, 199 W (2d) 769, 546 NW (2d) 143 (1996).
19.35 Annotation
Department of Regulation and Licensing test scores were subject to disclosure under the open records law. Munroe v. Braatz, 201 W (2d) 442, 549 NW (2d) 452 (Ct. App. 1996).
19.35 Annotation
Sub. (1) (i) and (3) (f) did not permit a demand for prepayment of $1.29 in response to a mail request for a record. Borzych v. Paluszcyk, 201 W (2d) 523, 549 NW (2d) 253 (Ct. App. 1996).
19.35 Annotation
Personal records in the hands of an authority are not exempt from the open records law. The custodian of the records must consider all relevant factors, balancing public and private interests, in determining whether the records should be released. The individual whose personal interests are implicated by the potential release of the records may intervene and seek circuit court review of a decision to release the records. Woznicki v. Erickson, 202 W (2d) 178, 549 NW (2d) 699 (1996).
19.35 Annotation
Custodian may not require requester to pay cost of unrequested certification. Unless fee for copies of records is established by law, custodian may not charge more than actual and direct cost of reproduction.
72 Atty. Gen. 36.
19.35 Annotation
Copying fee but not location fee may be imposed on requester for cost of computer run.
72 Atty. Gen. 68.
19.35 Annotation
Public records relating to employe grievances are not generally exempt from disclosure. Nondisclosure must be justified on case-by-case basis.
73 Atty. Gen. 20.
19.35 Annotation
Disclosure of employe's birth date, sex, ethnic heritage and handicapped status discussed.
73 Atty. Gen. 26.
19.35 Annotation
Department of regulation and licensing may refuse to disclose records relating to complaints against health care professionals while the matters are merely "under investigation"; good faith disclosure of same will not expose custodian to liability for damages; prospective continuing requests for records are not contemplated by public records law.
73 Atty. Gen. 37.
19.35 AnnotationProsecutors' case files are exempt from disclosure.
74 Atty. Gen. 4.
19.35 Annotation
Relationship between public records law and pledges of confidentiality in settlement agreements discussed.
74 Atty. Gen. 14.
19.36
19.36
Limitations upon access and withholding. 19.36(1)(1)
Application of other laws. Any record which is specifically exempted from disclosure by state or federal law or authorized to be exempted from disclosure by state law is exempt from disclosure under
s. 19.35 (1), except that any portion of that record which contains public information is open to public inspection as provided in
sub. (6).
19.36(2)
(2) Law enforcement records. Except as otherwise provided by law, whenever federal law or regulations require or as a condition to receipt of aids by this state require that any record relating to investigative information obtained for law enforcement purposes be withheld from public access, then that information is exempt from disclosure under
s. 19.35 (1).
19.36(3)
(3) Contractors' records. Each authority shall make available for inspection and copying under
s. 19.35 (1) any record produced or collected under a contract entered into by the authority with a person other than an authority to the same extent as if the record were maintained by the authority. This subsection does not apply to the inspection or copying of a record under
s. 19.35 (1) (am).
19.36(4)
(4) Computer programs and data. A computer program, as defined in
s. 16.971 (4) (c), is not subject to examination or copying under
s. 19.35 (1), but the material used as input for a computer program or the material produced as a product of the computer program is subject to the right of examination and copying, except as otherwise provided in
s. 19.35 or this section.
19.36(5)
(5) Trade secrets. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in
s. 134.90 (1) (c).
19.36(6)
(6) Separation of information. If a record contains information that is subject to disclosure under
s. 19.35 (1) (a) or
(am) and information that is not subject to such disclosure, the authority having custody of the record shall provide the information that is subject to disclosure and delete the information that is not subject to disclosure from the record before release.
19.36(7)
(7) Identities of applicants for public positions. 19.36(7)(a)(a) In this section, "final candidate" means each applicant for a position who is seriously considered for appointment or whose name is certified for appointment and whose name is submitted for final consideration to an authority for appointment to any state position, except a position in the classified service, or to any local public office, as defined in
s. 19.42 (7w). "Final candidate" includes, whenever there are at least 5 candidates for an office or position, each of the 5 candidates who are considered most qualified for the office or position by an authority, and whenever there are less than 5 candidates for an office or position, each such candidate. Whenever an appointment is to be made from a group of more than 5 candidates, "final candidate" also includes each candidate in the group.
19.36(7)(b)
(b) Every applicant for a position with any authority may indicate in writing to the authority that the applicant does not wish the authority to reveal his or her identity. Except with respect to an applicant whose name is certified for appointment to a position in the state classified service or a final candidate, if an applicant makes such an indication in writing, the authority shall not provide access to any record related to the application that may reveal the identity of the applicant.
19.36(8)
(8) Identities of law enforcement informants. 19.36(8)(a)1.
1. "Informant" means an individual who requests confidentiality from a law enforcement agency in conjunction with providing information to that agency or, pursuant to an express promise of confidentiality by a law enforcement agency or under circumstances in which a promise of confidentiality would reasonably be implied, provides information to a law enforcement agency or, is working with a law enforcement agency to obtain information, related in any case to any of the following:
19.36(8)(a)1.a.
a. Another person who the individual or the law enforcement agency suspects has violated, is violating or will violate a federal law, a law of any state or an ordinance of any local government.
19.36(8)(a)1.b.
b. Past, present or future activities that the individual or law enforcement agency believes may violate a federal law, a law of any state or an ordinance of any local government.
19.36(8)(b)
(b) If an authority that is a law enforcement agency receives a request to inspect or copy a record or portion of a record under
s. 19.35 (1) (a) that contains specific information including but not limited to a name, address, telephone number, voice recording or handwriting sample which, if disclosed, would identify an informant, the authority shall delete the portion of the record in which the information is contained or, if no portion of the record can be inspected or copied without identifying the informant, shall withhold the record unless the legal custodian of the record, designated under
s. 19.33, makes a determination, at the time that the request is made, that the public interest in allowing a person to inspect, copy or receive a copy of such identifying information outweighs the harm done to the public interest by providing such access.
19.36(9)
(9) Records of plans or specifications for state buildings. Records containing plans or specifications for any state-owned or state-leased building, structure or facility or any proposed state-owned or state-leased building, structure or facility are not subject to the right of inspection or copying under
s. 19.35 (1) except as the department of administration otherwise provides by rule.
19.36 Annotation
Computerized compilation of bibliographic records discussed in relation to copyright law; requester is entitled to copy of computer tape or printout of information on tape.
75 Atty. Gen. 133 (1986).
19.36 AnnotationFederal exemption was not incorporated under (1).
77 Atty. Gen. 20.
19.36 Annotation
Sub. (7) is an exception to the public records law and should be narrowly construed. In sub. (7) "applicant" and "candidate" are synonymous. "Final candidates" are the five most qualified unless there are less than five applicants in which case all are final candidates.
81 Atty. Gen. 37.
