Governments at all levels delay responses to, or completely disregard, public-records requests, citing the pandemic

Governments at all levels are delaying or disregarding requests for records during the pandemic, according to a wide-ranging rundown by The New York Times editorial board, which says that some delay is understandable, but that responses to requests made under the federal Freedom of Information Act or state open-records laws should be considered an essential service.

"It is reasonable to expect delays in processing public records requests and even incomplete responses, especially where public entities may not have access to physical files or other resources," the board writes. "But work-from-home orders have demonstrated that government can carry on remotely. New data, contracts and communications are being created digitally every day that would certainly fall under public access laws. Fulfilling FOIA requests can be grueling grunt work, but such labor should be deemed essential during the pandemic."

The board notes, "Far too often, officials have sought to alter or disregard FOIA laws to obscure government conduct or mismanagement. Particularly as reports emerge of profligate state spending on protective masks and conflicting accounts of the federal response to the pandemic, Americans deserve to see freedom of information laws obeyed, not trampled."