General Counsel
FAQ: Public Records Law - Wisconsin
This document provides a summary of the law in this area and answers questions frequently asked of attorneys in the Office of General Counsel. However, the information presented here is intended for informational purposes only and nothing in this document should be construed or relied upon as legal advice. The Office of General Counsel or your Campus Legal Counsel should be consulted regarding the specific facts and circumstances associated with any legal matter.
Revised 09/29/2010
Q.
How long do I have to respond to a request?
A. Although no time limit exists for responding to
a request, you must respond to a request "as
soon as practicable and without delay" (Wis. Stat. § 19.35
(4)). The Department of Justice suggests ten working
days as a reasonable response time for simple, straightforward
requests. 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. You must, however, respond to an employee's
request to inspect his or her personnel records within
seven working days after the employee makes a written
request. Wis. Stat. § 103.13 (2).
Q.
Do I need to respond to an oral request
or to an anonymous request?
A. Yes, you must respond to all requests, oral or
written. The requester is not required to identify
himself or herself or state the reasons for the request.
Wis. Stat. §19.35 (1) (i). Also, you may require
an employee who requests to inspect his or her personnel
records to make the request in writing. Wis. Stat. §103.13
(2).
Q.
How specific does a request need to be?
A. The request needs to be reasonably specific as
to the subject matter and time period involved. Wis.
Stat. § 19.35 (1) (h).
Q.
Do I need to deny a request in writing?
A.The General Counsel recommends that all public records
denials be made in writing unless the requester has
refused to provide an address. A denial must include
a statement of the specific reasons for denial, and
a notice of the requester’s appeal rights. Wis.
Stat. § 19.35 (4) (b).
Q.
What if a person requests a video tape or audio tape
recording?
A. Unless the video tape or audio tape recording contains
information that is exempt from disclosure, you must
provide the requester with a copy of the tape recording
that is substantially as good as the original. Wis.
Stat. § 19.35 (1) (c) and (d). Recordings should
be edited to delete information that should not be
disclosed if reasonable and technically feasible.
Q.
What if the requested record is not readily comprehensible
or cannot be copied?
A. If the record is not readily comprehensible, you
must provide the requester with a written, comprehensible
copy of the information contained in the record. Wis.
Stat. § 19.35 (1) (e). If the record cannot be
copied, you must permit the requester to photograph
the record. Wis. Stat. § 19.35 (1) (f).
Q.
What kind of facilities do I need to provide a person
who is authorized to copy and inspect a record?
A. You must provide the person with facilities comparable
to those used by the employees of your institution.
You must also allow the inspection and copying to take
place during your regular business hours. Wis. Stat. § 19.35
(2).
Q. What kind of fees may I charge for locating
or copying records?
A. You may impose a fee for locating the record, not
exceeding the actual, necessary and direct cost of
the location process, only if the location cost is
$50 or more. You may also impose fees for reproduction,
transcription, photographing, mailing and shipping,
as long as those fees do not exceed the actual, necessary
and direct cost for those activities. Finally, you
may require prepayment by the requester if the total
amount of fees exceeds $5. Wis. Stat. § 19.35
(3).
Q.
What if a person requests a record that contains some
information that is subject to disclosure and some
that is not?
A. You must provide the information that is subject
to disclosure and delete (redact) from the copy provided
to the requester any information that is not subject
to disclosure. Wis. Stat. § 19.36 (6).
Q.
May a person challenge the accuracy of a record?
A. Yes, if the record contains personally identifiable
information about the requester and the requester notifies
you in writing of the challenge. If you concur with
the challenge, you must correct the information; if
you deny the challenge, you must notify the person
who has challenged the record (or his or her representative)
of the reasons for the denial and allow the person
to file a concise statement that sets forth the reasons
for the requester's disagreement with the disputed
portion of the record. Wis. Stat. § 19.365 (1).
If an employee disagrees with any information contained
in his or her personnel records and you cannot agree
on the information, you must permit the employee to
submit a written statement explaining the employee's
position and you must attach this statement to the
disputed portion of the personnel record. Wis. Stat. § 103.13
(4).
Q.
Is my email a public record?
A. Yes. Email is often a public record. Wisconsin’s
public records law does not consider the format for
a record, but rather its substantive content. “Record
means any material…regardless of physical form
or characteristics, which has been created or is being
kept by an authority.” Wis. Stat. § 19.35
(2). Thus, a state employee’s email messages
are public records, except for those emails that fall
within an exception to the definition of public record.
Q. Is everything created or received by a
state employee a public record?
A. No. Wisconsin’s public records law expansively
defines the term record. “Record means any material
on which written, drawn, printed, spoken, visual or
electromagnetic information is recorded or preserved,
regardless of physical form or characteristics, which
has been created or is being kept by an authority.” Wis.
Stat. § 19.35 (2).
However, there are exceptions to this definition. “Record does not include drafts, notes, preliminary computations and like materials prepared for the originator’s personal use or prepared by the originator in the name of a person for whom the originator is working; materials which are purely the personal property of the custodian and have no relation to his or her office; materials to which access is limited by copyright, patent or bequest; and published materials in the possession of an authority other than a public library which are available for sale, or which are available for inspection at a public library.” Id.
Q.
What should I do if I receive
a record request in a matter where I feel litigation
is likely to occur or where litigation has already
been filed?
A. Contact the Office of General Counsel or Campus
Legal Counsel.