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Bill,

Most states have some type of exceptions spelled out in their respective
law.  These can include personnel, student and patient records,
attorney-work papers, contract negotiations, security systems, etc.
Virginia, for example, has at least 100 exemptions if my memory serves me
correctly.

In the education world, records created using state and federal funds as
well as the research can fall under FOIA. But note that 5 USC 552
identifies some exemptions for federally funded activities.  When I served
as a FOIA officer for the Army many years ago we had some strict
requirements for answering FOIA requests; back then I was only dealing with
paper.  With the advent of electronic records the process can be time
consuming and expensive, depending on the request.

Based what I've read some federal agencies appear to interpret these
exemptions fairly broadly which is one reason for all of the activity.
I've been on both sides - it can be a tug of war.

Bruce White, CRM, PMP
Virginia Beach, VA
e-mail: [log in to unmask]
LinkedIn:  http://www.linkedin.com/in/bblanco

Sometimes the questions are complicated
and the answers are simple.
                       Dr. Seuss


On Thu, Apr 3, 2014 at 11:04 AM, Roach, Bill <[log in to unmask]> wrote:

> I have been reading about a variety of FOIA and Open Records issues and
> remember some of the conversations of the past.  As a result I have a
> couple of questions for those of you that deal with the issue on a regular
> basis...
>
>
> 1.       Are there circumstances where records created and/or maintained
> by an institution or state agency subject to FOIA requirements (ex: when
> the activity is federally funded)?
>
> 2.       If not, would the funding agency have an obligation to obtain or
> produce the records if a FOIA request is made to the funding agency?
>
> Please note I am not working on something but just curious about the
> possibilities.
>
>

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