Public information belongs to us, the public. So why do we have to ask permission to see it, trust that everything will be delivered, and why do we have to pay for it? In our private lives, we would never tolerate a system that works that way, so why do we when it comes to our information from the government?
Public information requests (PIR) or Texas Freedom of Information Act requests (FOIA) are prohibitively difficult to obtain. There are basically three steps.
To begin with, we must sign up for an account with the entity that we are requesting from.
Then, after navigating which department or individual we think we want to request information from, we must submit a lawyerly request that is worded in such a way that produces the documents and communications we hope to see.
Finally, we sit and hope that we receive the correct information in a timely manner and its free.
Maybe signing up for an account isn’t so bad, but on principle we should not have to tell the government who we are to see what they are doing and why. But steps two and three are unforgivable.
Step two is particularly difficult, and there are people in Texas that specialize in this. It may seem simple - just ask for what you want, how hard can it be? But the government isn’t in the habit of sharing the full truth with anyone, let alone those that pay their salaries. If you get this part wrong, they may take advantage of it.
And what’s worse, if we accidentally ask for too much, we can expect a cost that can easily reach into the thousands or tens of thousands of dollars. But if we ask for too little, will we get what we are looking for? If you don’t know what you’re doing, and often, even if you do, all you can rely on is luck.
Maybe there is a psychological block with our elected officials and appointed officials. In the private sector, barring the subpoena process of our justice system or some hacked data leak, how often do their private communications and documents get seen by the public? Why shouldn’t government officials have the same privacy? It’s simple. Their actions are not private, but very much public. Everything they do is in our name and on our dollar, after all. We have a natural right to see exactly what, when, and why public officials are doing on behalf of the public.
This shouldn’t be a big ask, and we should expect pushback. They like the system they have because we are kept in the dark.
While a searchable database of all public information eligible documents, that is open to public and free, may be the end goal we should pursue, there are many improvements that we can make today that begin to fix the system and make the government more transparent for everyday citizens who don’t have the budget or inside connections of a large news organization or law firm.
Eliminate the cost or make it a flat fee. A prioritization system to filter more pressing requests to the top of the pile, and a searchable depository of all documents already produced by other requestors. A third, uninterested party, with access to all eligible documents (so they don’t have to ask) to act as a liaison between the government and requestors. Implementation of A.I. or similar technology that automatically collects, and redacts where necessary, the requested documents.
These are just some ideas that could improve the system here in Texas in the short term. Some are easier than others, but all are doable with today’s technology and budget, and all would make for a more transparent government that is answerable to the citizens that they are supposed to represent.
