Wisconsin High Court: No, Agencies Can Not Charge for Redaction….

The Wisconsin Supreme Court unanimously ruled Wednesday against the City of Milwaukee and for the Journal Sentinel in a dispute over whether a government body can charge for its employees to delete information deemed confidential from public records. Reversing a Milwaukee County judge’s ruling, the high court said Wisconsin’s 30-year-old public records law has never allowed public agencies to charge requesters for redacting information from records. The city argued it could charge for redacting under provisions of the law that allow fees to be charged for locating and copying records. The Supreme Court rejected that argument and said such fees could be used by governmental bodies to effectively deny release of records. “This case is not about a direct denial of public access to records, but the issue in the present case directly implicates the accessibility of government records,” Chief Justice Shirley Abrahamson wrote in the decision. “The greater the fee imposed on a requester of a public record, the less likely the requester will be willing and able to successfully make a record request.”

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