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 a committed or 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
Mandamus petition to inspect county hospital's statistical, administrative and other records not identifiable with individual patients, states cause of action under this section. State ex rel. Dalton v. Mundy, 80 W (2d) 190, 257 NW (2d) 877.
19.35 Annotation
Police daily arrest list must be open for public inspection. Newspapers, Inc. v. Breier, 89 W (2d) 417, 279 NW (2d) 179 (1979).
19.35 Annotation
Newspaper had right to intervene to protect right to examine sealed court file. Public official failed to qualify for exceptions to absolute disclosure rule of this section. 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
Courts must apply open records balancing test to questions involving disclosure of court records. Under Hathaway test, party must show that public interests favoring secrecy outweigh those favoring disclosure. C. L. v. Edson, 140 W (2d) 168, 409 NW (2d) 417 (Ct. App. 1987).
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
An agency cannot promulgate an administrative rule which creates an exception to the open records law. Chavala v. Bubolz, 204 W (2d) 82, 552 NW (2d) 892 (Ct. App. 1996).
19.35 Annotation
While certain statutes grant explicit exceptions to the open records law, many statutes set out broad categories of records not open to an open records request. A custodian faced with such a broad statute must state with specificity a public policy reason for refusing to release the requested record. Chavala v. Bubolz, 204 W (2d) 82, 552 NW (2d) 892 (Ct. App. 1996).
19.35 Annotation
The custodian is not authorized to comply with an open records request at some unspecified date in the future. Such a response constitutes a denial of the request. WTMJ, Inc. v. Sullivan, 204 W (2d) 452, 555 NW (2d) 125 (Ct. App. 1996).
19.35 Annotation
Subject to the redaction of officers' home addresses and supervisors' conclusions and recommendations regarding discipline, police records regarding use of deadly force are subject to public inspection. State ex rel. Journal/Sentinel, Inc. v. Arreola, 207 W (2d) 496, 558 NW (2d) 670 (Ct. App. 1996).
19.35 Annotation
A public school student's interim grades are pupil records specifically exempted from disclosure under s. 118.125. Where records are specifically exempted from disclosure, failure to specifically state reasons for denying an open records request for those records does not compel disclosure of those records. State ex rel. Blum v. Board of Education, 209 W (2d) 377, 565 NW (2d) 140 (Ct. App. 1997).
19.35 Annotation
Requesting a copy of 180 hours of audiotape of "911" calls, together with a transcription of the tape and log of each transmission received, was a request without "reasonable limitation" and was not a "sufficient request" under sub. (1) (h). Schopper v. Gehring, 210 W (2d) 209, 565 NW (2d) 187 (Ct. App. 1997).
19.35 Annotation
When access is sought to any records which pertain to an individual the targeted individual has a right to notification and to seek court review of the decision if the record custodian agrees to release the information. The test outlined in Woznicki applies to personnel records of public sector employes. Klein v. Wisconsin Resource Center, 218 W (2d) 487, 582 NW (2d) 44 (Ct. App. 1998).
19.35 Annotation
There is no reason to limit Woznicki to the situation where a district attorney is the custodian of the requested records. Milwaukee Teachers' Education Assn. v. Milwaukee Board of School Directors, 220 W (2d) 93, 582 NW (2d) 122 (Ct. App. 1998).
19.35 Annotation
Examination of birth records cannot be denied simply because the examiner has a commercial purpose. 58 Atty. Gen. 67.
19.35 Annotation
Consideration of a resolution is formal action of an administrative or minor governing body and when taken in proper closed session, the resolution and result of vote must be made available for public inspection absent specific showing that the public interest would be adversely affected. 60 Atty. Gen. 9.
19.35 Annotation
Inspection of public records obtained under official pledges of confidentiality may be denied where a clear pledge has been made in order to obtain the information, where the pledge was necessary to obtain the information, and where the custodian determines that the harm to the public interest resulting from inspection would outweigh the public interest in full access to public records. Custodian must permit inspection of information submitted under an official pledge of confidentiality where the official or agency had specific statutory authority to require its submission. 60 Atty. Gen. 284.
19.35 Annotation
The right to inspection and copying of public records in decentralized offices discussed. 61 Atty. Gen. 12.
19.35 Annotation
Public records subject to inspection and copying by any person would include list of students awaiting particular program in a VTAE (technical college) district school. 61 Atty. Gen. 297.
19.35 Annotation
The investment board can only deny members of the public from inspecting and copying portions of the minutes relating to the investment of state funds and documents pertaining thereto on a case-by-case basis where valid reasons for denial exist and are specially stated. 61 Atty. Gen. 361.
19.35 Annotation
Matters and documents in the possession or control of school district officials containing information concerning the salaries, including fringe benefits, paid to individual teachers are matters of public record. 63 Atty. Gen. 143.
19.35 Annotation
Scope of the duty of the governor to allow members of the public to examine and copy public records in his custody discussed. 63 Atty. Gen. 400.
19.35 Annotation
Public's right to inspect land acquisition files of the department of natural resources discussed. 63 Atty. Gen. 573.
19.35 Annotation
Financial statements filed in connection with applications for motor vehicle dealers' and motor vehicle salvage dealers' licenses are public records, subject to limitations. 66 Atty. Gen. 302.
19.35 Annotation
Sheriff's radio log, intradepartmental documents kept by sheriff and blood test records of deceased automobile drivers in hands of sheriff are public records, subject to limitations. 67 Atty. Gen. 12.
19.35 Annotation
Right to examine and copy computer-stored information discussed. 68 Atty. Gen. 231.
19.35 Annotation
After transcript of court proceedings is filed with clerk of court, any person may examine or copy transcript. 68 Atty. Gen. 313.
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.
19.36 Annotation
Public access to law enforcement records. Fitzgerald. 68 MLR 705 (1985).
19.365
19.365
Rights of data subject to challenge; authority corrections. 19.365(1)(1) Except as provided under
sub. (2), an individual or person authorized by the individual may challenge the accuracy of a record containing personally identifiable information pertaining to the individual that is maintained by an authority if the individual is authorized to inspect the record under
s. 19.35 (1) (a) or
(am) and the individual notifies the authority, in writing, of the challenge. After receiving the notice, the authority shall do one of the following:
19.365(1)(a)
(a) Concur with the challenge and correct the information.
19.365(1)(b)
(b) Deny the challenge, notify the individual or person authorized by the individual of the denial and allow the individual or person authorized by the individual to file a concise statement setting forth the reasons for the individual's disagreement with the disputed portion of the record. A state authority that denies a challenge shall also notify the individual or person authorized by the individual of the reasons for the denial.
19.365(2)
(2) This section does not apply to any of the following records:
