ITEM NUMBER: 3.07 a-k
CHAPTER 3: Wisconsin Statutes
CODE: Information
COMPUTER ID: WS-7
_______________________________________________________________________________
Title: Open Records Law: Bronson LaFollette, Attorney General Opinion 6-2-83
Interpretations of
Effective Date: 6-2-83
Authorized By: State of Wisconsin
Date of Last Revision: 10/2007
_______________________________________________________________________________
Wisconsin Open Records Law
Wis. Stat. § 19.31-19.39 (2003)
19.31. Declaration of policy.
In recognition of the fact that a representative government is dependent
upon an informed
electorate, it is declared to be the public policy of this state that al
l persons are entitled to the
greatest possible information regarding the affairs of government and th
e official acts of those
officers and employees who represent them. Further, providing persons with such information is
declared to be an essential function of a representative government and
an integral part of the
routine duties of officers and employees whose responsibility it is to p
rovide such information.
To that end, § 19.32 to 19.37 shall be construed in every instance wi
th a presumption of
complete public access, consistent with the conduct of governmental busi
ness. The denial of
public access generally is contrary to the public interest, and only in
an exceptional case may
access be denied.
19.32. Definitions.
As used in ss. 19.33 to 19.39:
(1) "Authority" means any of the following having custody of a record:
a state or local office,
elected official, agency, board, commission, committee, council, departm
ent or public body
corporate and politic created by constitution, law, ordinance, rule or o
rder; a governmental or
quasi-governmental corporation except for the Bradley center sports and entertainment
corporation; a local exposition district under subch. II of ch. 229; a f
amily care district under s.
46.2895; any court of law; the assembly or senate; a nonprofit corporati
on which receives more
than 50% of its funds from a county or a municipality, as defined in s.
59.001 (3), and which
provides services related to public health or safety to the county or mu
nicipality; a nonprofit
corporation operating the Olympic ice training center under s. 42.11 (3
); or a formally constituted
subunit of any of the foregoing.
(1b) "Committed person" means a person who is committed under ch. 51,
971, 975 or 980 and
who is placed in an inpatient treatment facility, during the period that
the persons placement in
the inpatient treatment facility continues.
ITEM NUMER: 3.07 b
(1bg) "Employee" means any individual who
is employed by an authority, other than an
individual holding local public office or a state public office, or any
individual who is employed by
an employer other than an authority.
(1c) "Incarcerated person" means a person who is incarcerated in a pen
al facility or who is
placed on probation and given confinement under s. 973.09 (4) as a con
dition of placement,
during the period of confinement for which the person has been sentenced
.
(1d) "Inpatient treatment facility" means any of the following:
(a) A mental health institute, as defined in s. 51.01 (12)
(c) A facility or unit for the institutional care of sexually violent
persons specified under s.
980.065
(d) The Milwaukee County mental health complex established under s. 51
.08
(1de) "Local governmental unit" has the meaning given in s. 19.42 (7u
)
(1dm) "Local public office" has the meaning given in s. 19.42 (7w),
and also includes any
appointive office or position of a local governmental unit in which an i
ndividual serves as the
head of a department, agency, or division of the local governmental unit
, but does not include
any office or position filled by a municipal employee, as defined in s.
111.70 (1) (i)
(1e) "Penal facility" means a state prison under s. 302.01, county jai
l, county house of correction
or other state, county or municipal correctional or detention facility.
(1m) "Person authorized by the individual" means the parent, guardian,
as defined in s. 48.02
(8), or legal custodian, as defined in s. 48.02 (11), of a child, as
defined in s. 48.02 (2), the
guardian, as defined in s. 880.01 (3), of an individual adjudged incom
petent, as defined in s.
880.01 (4), the personal representative or spouse of an individual who
is deceased or any
person authorized, in writing, by the individual to exercise the rights
granted under this section.
(1r) "Personally identifiable information" has the meaning specified i
n s. 19.62 (5)
(2) "Record" means any material on which written, drawn, printed, spok
en, 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
. "Record" includes, but
is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films,
recordings, tapes (including computer tapes), computer printouts and o
ptical disks. "Record"
does not include drafts, notes, preliminary computations and like materi
als prepared for the
originators 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 b
y 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.
(2g) "Record subject" means an individual about whom personally identifiable information is
contained in a record.
(3) "Requester" means any person who requests inspection or copies of
a record, except a
committed or incarcerated person, unless the person requests inspection
or copies of a record
ITEM NUMBER: 3.07 c
that contains specific references to that person or his or her minor chi
ldren for whom he or she
has not been denied physical placement under ch. 767, and the record is
otherwise accessible
to the person by law.
(4) "State public office" has the meaning given in s. 19.42 (13), bu
t does not include a position
identified in s. 20.923 (6) (f) to (gm)
19.35. Access to records; fees.
(1) RIGHT TO INSPECTION.
(a) Except as otherwise provided by law, any requester has a right to
inspect any record.
Substantive common law principles construing the right to inspect, copy
or receive copies of
records shall remain in effect. The exemptions to the requirement of a governmental body to
meet in open session under s. 19.85 are indicative of public policy, but
may be used as grounds
for denying public access to a record only if the authority or legal cus
todian under s. 19.33
makes a specific demonstration that there is a need to restrict public a
ccess at the time that the
request to inspect or copy the record is made.
(am) In addition to any right under par. (a), any requester who is a
n individual or person
authorized by the individual, has a right to inspect any record containi
ng personally identifiable
information pertaining to the individual that is maintained by an author
ity and to make or receive
a copy of any such information. The right to inspect or copy a record un
der this paragraph does
not apply to any of the following:
1. Any record containing personally identifiable information that is col
lected or maintained in
connection with a complaint, investigation or other circumstances that m
ay lead to an
enforcement action, administrative proceeding,
arbitration proceeding or court proceeding, or
any such record that is collected or maintained in connection with such
an action or proceeding.
2. Any record containing personally identifiable information that, if di
sclosed, would do any of
the following:
a. Endanger an individuals life or safety.
b. Identify a confidential informant.
c. Endanger the security, including the security of the population or st
aff, of any state prison
under s. 302.01, jail, as defined in s. 165.85 (2) (bg), secured cor
rectional facility, as defined in
s. 938.02 (15m), secured child caring institution, as defined in s. 93
8.02 (15g), secured group
home, as defined in s. 938.02 (15p), mental health institute, as defin
ed in s. 51.01 (12), center
for the developmentally disabled, as defined in s. 51.01 (3), or facil
ity, specified under s.
980.065, for the institutional care of sexually violent persons.
d. Compromise the rehabilitation of a person in the custody of the depar
tment of corrections or
detained in a jail or facility identified in subd. 2. c.
3. Any record that is part of a records series, as defined in s. 19.62 (
7), that is not indexed,
arranged or automated in a way that the record can be retrieved by the a
uthority maintaining the
records series by use of an individuals name, address or other identifie
r.
(b) Except as otherwise provided by law, any requester has a right to
inspect a record and to
make or receive a copy of a record which appears in written form. If a r
equester appears
ITEM NUMBER: 3.07 d
personally to request a copy of a record, the authority having custody o
f the record may, at its
option, permit the requester to photocopy the record or provide the requ
ester with a copy
substantially as readable as the original.
(c) Except as otherwise provided by law, any requester has a right to receive from an authority
having custody of a record which is in the form of a comprehensible audi
o tape recording a copy
of the tape recording substantially as audible as the original. The auth
ority may instead provide
a transcript of the recording to the requester if he or she requests.
(d) Except as otherwise provided by law, any requester has a right to receive from an authority
having custody of a record which is in the form of a video tape recordin
g a copy of the tape
recording substantially as good as the original.
(e) Except as otherwise provided by law, any requester has a right to receive from an authority
having custody of a record which is not in a readily comprehensible form a copy of the
information contained in the record assembled and reduced to written for
m on paper.
(em) If an authority receives a request to inspect or copy a record th
at is in handwritten form or
a record that is in the form of a voice recording which the authority is
required to withhold or
from which the authority is required to delete information under s. 19.3
6 (8) (b) because the
handwriting or the recorded voice would identify an informant, the autho
rity shall provide to the
requester, upon his or her request, a transcript of the record or the in
formation contained in the
record if the record or information is otherwise subject to public inspe
ction and copying under
this subsection.
(f) Except as otherwise provided by law, any requester has a right to
inspect any record not
specified in pars. (b) to (e) the form of which does not permit copy
ing. If a requester requests
permission to photograph the record, the authority having custody of the
record may permit the
requester to photograph the record. If a requester requests that a photo
graph of the record be
provided, the authority shall provide a good quality photograph of the r
ecord.
(g) Paragraphs (a) to (c), (e) and (f) do not apply to a recor
d which has been or will be promptly
published with copies offered for sale or distribution.
(h) A request under pars. (a) to (f) is deemed sufficient if it re
asonably describes the requested
record or the information requested. However, a request for a record wit
hout a reasonable
limitation as to subject matter or length of time represented by the rec
ord does not constitute a
sufficient request. A request may be made orally, but a request must be
in writing before an
action to enforce the request is commenced under s. 19.37
(i) Except as authorized under this paragraph, no request under pars.
(a) and (b) to (f) may be
refused because the person making the request is unwilling to be identif
ied or to state the
purpose of the request. Except as authorized under this paragraph, no re
quest under pars. (a)
to (f) may be refused because the request is received by mail, unless
prepayment of a fee is
required under sub. (3) (f) A requester may be required to show acce
ptable identification
whenever the requested record is kept at a private residence or whenever security reasons or
federal law or regulations so require.
ITEM NUMBER: 3.07 e
(j) Notwithstanding pars. (a) to (f), a requester shall comply wit
h any regulations or restrictions
upon access to or use of information which are specifically prescribed b
y law.
(k) Notwithstanding pars. (a), (am), (b) and (f), a legal cust
odian may impose reasonable
restrictions on the manner of access to an original record if the record
is irreplaceable or easily
damaged.
(L) Except as necessary to comply with pars. (c) to (e) or s. 19.3
6 (6), this subsection does not
require an authority to create a new record by extracting information from existing records and
compiling the information in a new format.
(2) FACILITIES. The authority shall provide any person who is authoriz
ed to inspect or copy a
record under sub. (1) (a), (am), (b) or (f) with facilities co
mparable to those used by its
employees to inspect, copy and abstract the record during established of
fice hours. An authority
is not required by this subsection to purchase or lease photocopying, du
plicating, photographic
or other equipment or to provide a separate room for the inspection, copying or abstracting of
records.
(3) FEES.
(a) An authority may impose a fee upon the requester of a copy of a re
cord which may not
exceed the actual, necessary and direct cost of reproduction and transcr
iption of the record,
unless a fee is otherwise specifically established or authorized to be e
stablished by law.
(b) Except as otherwise provided by law or as authorized to be prescri
bed by law an authority
may impose a fee upon the requester of a copy of a record that does not
exceed the actual,
necessary and direct cost of photographing and photographic processing i
f the authority
provides a photograph of a record, the form of which does not permit cop
ying.
(c) Except as otherwise provided by law or as authorized to be prescri
bed by law, an authority
may impose a fee upon a requester for locating a record, not exceeding t
he actual, necessary
and direct cost of location, if the cost is $ 50 or more.
(d) An authority may impose a fee upon a requester for the actual, nec
essary and direct cost of
mailing or shipping of any copy or photograph of a record which is maile
d or shipped to the
requester.
(e) An authority may provide copies of a record without charge or at a
reduced charge where
the authority determines that waiver or reduction of the fee is in the p
ublic interest.
(f) An authority may require prepayment by a requester of any fee or f
ees imposed under this
subsection if the total amount exceeds $ 5. If the requester is a prison
er, as defined in s. 301.01
(2), or is a person confined in a federal correctional institution loc
ated in this state, and he or
she has failed to pay any fee that was imposed by the authority for a request made previously
by that requester, the authority may require prepayment both of the amou
nt owed for the
previous request and the amount owed for the current request.
ITEM NUMBER: 3.07 f
(4) TIME FOR COMPLIANCE AND PROCEDURES.
(a) Each authority, upon request for any record, shall, as soon as pra
cticable and without delay,
either fill the request or notify the requester of the authoritys determ
ination to deny the request
in whole or in part and the reasons therefor.
(b) If a request is made orally, the authority may deny the request or
ally unless a demand for a
written statement of the reasons denying the request is made by the requ
ester within 5 business
days of the oral denial. If an authority denies a written request in who
le or in part, the requester
shall receive from the authority a written statement of the reasons for
denying the written
request. Every written denial of a request by an authority shall inform
the requester that if the
request for the record was made in writing, then the determination is su
bject to review by
mandamus under s. 19.37 (1) or upon application to the attorney genera
l or a district attorney.
(c) If an authority receives a request under sub. (1) (a) or (am)
from an individual or person
authorized by the individual who identifies himself or herself and state
s that the purpose of the
request is to inspect or copy a record containing personally identifiabl
e information pertaining to
the individual that is maintained by the authority, the authority shall
deny or grant the request in
accordance with the following procedure:
1. The authority shall first determine if the requester has a right to i
nspect or copy the record
under sub. (1) (a)
2. If the authority determines that the requester has a right to inspect
or copy the record under
sub. (1) (a), the authority shall grant the request.
3. If the authority determines that the requester does not have a right
to inspect or copy the
record under sub. (1) (a), the authority shall then determine if the
requester has a right to
inspect or copy the record under sub. (1) (am) and grant or deny the
request accordingly.
(5) RECORD DESTRUCTION. No authority may destroy any record at any tim
e after the receipt
of a request for inspection or copying of the record under sub. (1) un
til after the request is
granted or until at least 60 days after the date that the request is den
ied or, if the requester is a
committed or incarcerated person, until at least 90 days after the date
that the request is
denied. If an authority receives written notice that an action relating
to a record has been
commenced under s. 19.37, the record may not be destroyed until after th
e order of the court in
relation to such record is issued and the deadline for appealing that or
der has passed, or, if
appealed, until after the order of the court hearing the appeal is issue
d. If the court orders the
production of any record and the order is not appealed, the record may n
ot be destroyed until
after the request for inspection or copying is granted.
(6) ELECTED OFFICIAL RESPONSIBILITIES. No elected official is responsi
ble for the record of
any other elected official unless he or she has possession of the record
of that other official.
19.36. Limitations upon access and withholding.
(1) APPLICATION OF OTHER LAWS. Any record which is specifically exempt
ed from
disclosure by state or federal law or authorized to be exempted from disclosure by state law is
exempt from disclosure under s. 19.35 (1), except that any portion of that record which contains
public information is open to public inspection as provided in sub. (6)
ITEM NUMBER: 3.07 g
(2) LAW ENFORCEMENT RECORDS. Except as otherwise provided by law, whenever federal
law or regulations require or as a condition to receipt of aids by this
state require that any record
relating to investigative information obtained for law enforcement purpo
ses be withheld from
public access, then that information is exempt from disclosure under s.
19.35 (1)
(3) CONTRACTORS' RECORDS. Subject to sub. (12), each authority shall
make available for
inspection and copying under s. 19.35 (1) any record produced or colle
cted under a contract
entered into by the authority with a person other than an authority to t
he same extent as if the
record were maintained by the authority. This subsection does not apply
to the inspection or
copying of a record under s. 19.35 (1) (am)
(4) COMPUTER PROGRAMS AND DATA. A computer program, as defined in s. 1
6.971 (4) (c),
is not subject to examination or copying under s. 19.35 (1), but the m
aterial used as input for a
computer program or the material produced as a product of the computer program is subject to
the right of examination and copying, except as otherwise provided in s. 19.35 or this section.
(5) TRADE SECRETS. An authority may withhold access to any record or p
ortion of a record
containing information qualifying as a trade secret as defined in s. 134
.90 (1) (c)
(6) SEPARATION OF INFORMATION. If a record contains information that i
s subject to
disclosure under s. 19.35 (1) (a) or (am) and information that is
not subject to such disclosure,
the authority having custody of the record shall provide the information
that is subject to
disclosure and delete the information that is not subject to disclosure
from the record before
release.
(7) IDENTITIES OF APPLICANTS FOR PUBLIC POSITIONS.
(a) In this section, "final candidate" means each applicant for a posi
tion who is seriously
considered for appointment or whose name is certified for appointment an
d whose name is
submitted for final consideration to an authority for appointment to any
state position, except a
position in the classified service, or to any local public office. "Fina
l candidate" includes,
whenever there are at least 5 candidates for an office or position, each
of the 5 candidates who
are considered most qualified for the office or position by an authority
, and whenever there are
less than 5 candidates for an office or position, each such candidate. W
henever an appointment
is to be made from a group of more than 5 candidates, "final candidate"
also includes each
candidate in the group.
(b) Every applicant for a position with any authority may indicate in
writing to the authority that
the applicant does not wish the authority to reveal his or her identity.
Except with respect to an
applicant whose name is certified for appointment to a position in the s
tate classified service or
a final candidate, if an applicant makes such an indication in writing,
the authority shall not
provide access to any record related to the application that may reveal
the identity of the
applicant.
(8) IDENTITIES OF LAW ENFORCEMENT INFORMANTS.
(a) In this subsection:
ITEM NUMBER: 3.07 h
1. "Informant" means an individual who requests confidentiality from a l
aw enforcement agency
in conjunction with providing information to that agency or, pursuant to
an express promise of
confidentiality by a law enforcement agency or under circumstances in wh
ich a promise of
confidentiality would reasonably be implied, provides information to a l
aw enforcement agency
or, is working with a law enforcement agency to obtain information, rela
ted in any case to any of
the following:
a. Another person who the individual or the law enforcement agency suspe
cts has violated, is
violating or will violate a federal law, a law of any state or an ordina
nce of any local government.
b. Past, present or future activities that the individual or law enforce
ment agency believes may
violate a federal law, a law of any state or an ordinance of any local g
overnment.
2. "Law enforcement agency" has the the meaning given in s. 165.83 (1)
(b), and includes the
department of corrections.
(b) If an authority that is a law enforcement agency receives a reques
t to inspect or copy a
record or portion of a record under s. 19.35 (1) (a) that contains s
pecific information including
but not limited to a name, address, telephone number, voice recording or
handwriting sample
which, if disclosed, would identify an informant, the authority shall de
lete the portion of the
record in which the information is contained or, if no portion of the re
cord can be inspected or
copied without identifying the informant, shall withhold the record unle
ss the legal custodian of
the record, designated under s. 19.33, makes a determination, at the tim
e that the request is
made, that the public interest in allowing a person to inspect, copy or
receive a copy of such
identifying information outweighs the harm done to the public interest b
y providing such access.
(9) RECORDS OF PLANS OR SPECIFICATIONS FOR STATE BUILDINGS. Records
containing plans or specifications for any state-owned or state-leased b
uilding, structure or
facility or any proposed state-owned or state-leased building, structure
or facility are not subject
to the right of inspection or copying under s. 19.35 (1) except as the
department of
administration otherwise provides by rule.
(10) EMPLOYEE PERSONNEL RECORDS. Unless access is specifically authorized or required
by statute, an authority shall not provide access under s. 19.35 (1) t
o records containing the
following information, except to an employee or
the employees representative to the extent
required under s. 103.13 or to a recognized or certified collective barg
aining representative to
the extent required to fulfill a duty to bargain under ch. 111 or pursua
nt to a collective bargaining
agreement under ch. 111:
(a) Information maintained, prepared, or pr
ovided by an employer concerning the home
address, home electronic mail address, home tel
ephone number, or social security number of
an employee, unless the employee authorizes the authority to provide access to such
information.
(b) Information relating to the current investigation of a possible cr
iminal offense or possible
misconduct connected with employment by an employee prior to disposition
of the investigation.
(c) Information pertaining to an employees employment examination, except an examination
score if access to that score is not otherwise prohibited.
ITEM NUMBER:
(d) Information relating to one or more specific employees that is use
d by an authority or by the
employer of the employees for staff management planning, including performance evaluations,
judgments, or recommendations concerning future salary adjustments or ot
her wage
treatments, management bonus plans, promotions, j
ob assignments, letters of reference, or
other comments or ratings relating to employees.
(11) RECORDS OF AN INDIVIDUAL HOLDING A LOCAL PUBLIC OFFICE OR A STATE
PUBLIC OFFICE. Unless access is specifically authorized or required by s
tatute, an authority
shall not provide access under s. 19.35 (1) to records, except to an i
ndividual to the extent
required under s. 103.13, containing information maintained, prepared, o
r provided by an
employer concerning the home address, home electronic mail address, home telephone
number, or social security number of an individual who holds a local pub
lic office or a state
public office, unless the individual authorizes the authority to provide
access to such
information. This subsection does not apply to the home address of an in
dividual who holds an
elective public office or to the home address of an individual who, as a
condition of employment,
is required to reside in a specified location.
(12) INFORMATION RELATING TO CERTAIN EMPLOYEES. Unless access is specifically
authorized or required by statute, an authority shall not provide access
to a record prepared or
provided by an employer performing work on a project to which s. 66.0903, 103.49, or 103.50
applies, or on which the employer is otherwise required to pay prevailing wages, if that record
contains the name or other personally identifiable information relating to an employee of that
employer, unless the employee authorizes the authority to provide access to that information. In
this subsection, "personally identifiable information" does not include
an employees work
classification, hours of work, or wage or benefit payments received for
work on such a project.
19.365. Rights of data subject to challenge; authority corrections.
(1) Except as provided under sub. (2), an individual or person autho
rized by the individual may
challenge the accuracy of a record containing personally identifiable in
formation pertaining to
the individual that is maintained by an authority if the individual is a
uthorized to inspect the
record under s. 19.35 (1) (a) or (am) and the individual notifies
the authority, in writing, of the
challenge. After receiving the notice, the authority shall do one of the
following:
(a) Concur with the challenge and correct the information.
(b) Deny the challenge, notify the individual or person authorized by
the individual of the denial
and allow the individual or person authorized by the individual to file
a concise statement setting
forth the reasons for the individuals disagreement with the disputed por
tion of the record. A
state authority that denies a challenge shall also notify the individual
or person authorized by
the individual of the reasons for the denial.
(2) This section does not apply to any of the following records:
(a) Any record transferred to an archival depository under s. 16.61 (
13)
(b) Any record pertaining to an individual if a specific state statute
or federal law governs
challenges to the accuracy of the record.
ITEM NUMBER:
19.37. Enforcement and penalties.
(1) MANDAMUS. If an authority withholds a record or a part of a record
or delays granting
access to a record or part of a record after a written request for discl
osure is made, the
requester may pursue either, or both, of the alternatives under pars. (
a) and (b)
(a)
The requester may bring an action for mandamus asking a court to order r
elease of the
record. The court may permit the parties or their attorneys to have acce
ss to the
requested record under restrictions or protective orders as the court de
ems appropriate.
(b) The requester may, in writing, request the district attorney of th
e county where the record
is found, or request the attorney general, to bring an action for mandam
us asking a court to
order release of the record to the requester. The district attorney or a
ttorney general may
bring such an action.
(1m) TIME FOR COMMENCING ACTION. No action for mandamus under sub. (1
) to
challenge the denial of a request for access to a record or part of a re
cord may be
commenced by any committed or incarcerated person later than 90 days aft
er the date that
the request is denied by the authority having custody of the record or p
art of the record.
(1n) NOTICE OF CLAIM. Sections 893.80 and 893.82 do not apply to actio
ns commenced
under this section.
(2) COSTS, FEES AND DAMAGES.
(a) Except as provided in this paragraph, the court shall award reason
able attorney fees,
damages of not less than $ 100, and other actual costs to the requester
if the requester
prevails in whole or in substantial part in any action filed under sub.
(1) relating to access to
a record or part of a record under s. 19.35 (1) (a) If the requester
is a committed or
incarcerated person, the requester is not entitled to any minimum amount
of damages, but
the court may award damages. Costs and fees shall be paid by the authori
ty affected or the
unit of government of which it is a part, or by the unit of government by which the legal
custodian under s. 19.33 is employed and may not become a personal liabi
lity of any public
official.
(b) In any action filed under sub. (1) relating to access to a recor
d or part of a record under
s. 19.35 (1) (am), if the court finds that the authority acted in a
willful or intentional manner,
the court shall award the individual actual damages sustained by the ind
ividual as a
consequence of the failure.
(3) PUNITIVE DAMAGES. If a court finds that an authority or legal cust
odian under s. 19.33
has arbitrarily and capriciously denied or delayed response to a request
or charged
excessive fees, the court may award punitive damages to the requester.
ITEM NUMBER: 3.07 k
(4) PENALTY. Any authority which or legal custodian under s. 19.33 who
arbitrarily and
capriciously denies or delays response to a request or charges excessive
fees may be
required to forfeit not more than $ 1,000. Forfeitures under this sectio
n shall be enforced by
action on behalf of the state by the attorney general or by the district attorney of any county
where a violation occurs. In actions brought by the attorney general, th
e court shall award
any forfeiture recovered together with reasonable costs to the state; an
d in actions brought
by the district attorney, the court shall award any forfeiture recovered
together with
reasonable costs to the county.
19.39. Interpretation by attorney general.
Any person may request advice from the attorney general as to the applic
ability of this
subchapter under any circumstances. The attorney general may respond to
such a request.
CHAPTER 3: Wisconsin Statutes
CODE: Information
COMPUTER ID: WS-7
_______________________________________________________________________________
Title: Open Records Law: Bronson LaFollette, Attorney General Opinion 6-2-83
Interpretations of
Effective Date: 6-2-83
Authorized By: State of Wisconsin
Date of Last Revision: 10/2007
_______________________________________________________________________________
Wisconsin Open Records Law
Wis. Stat. § 19.31-19.39 (2003)
19.31. Declaration of policy.
In recognition of the fact that a representative government is dependent
upon an informed
electorate, it is declared to be the public policy of this state that al
l persons are entitled to the
greatest possible information regarding the affairs of government and th
e official acts of those
officers and employees who represent them. Further, providing persons with such information is
declared to be an essential function of a representative government and
an integral part of the
routine duties of officers and employees whose responsibility it is to p
rovide such information.
To that end, § 19.32 to 19.37 shall be construed in every instance wi
th a presumption of
complete public access, consistent with the conduct of governmental busi
ness. The denial of
public access generally is contrary to the public interest, and only in
an exceptional case may
access be denied.
19.32. Definitions.
As used in ss. 19.33 to 19.39:
(1) "Authority" means any of the following having custody of a record:
a state or local office,
elected official, agency, board, commission, committee, council, departm
ent or public body
corporate and politic created by constitution, law, ordinance, rule or o
rder; a governmental or
quasi-governmental corporation except for the Bradley center sports and entertainment
corporation; a local exposition district under subch. II of ch. 229; a f
amily care district under s.
46.2895; any court of law; the assembly or senate; a nonprofit corporati
on which receives more
than 50% of its funds from a county or a municipality, as defined in s.
59.001 (3), and which
provides services related to public health or safety to the county or mu
nicipality; a nonprofit
corporation operating the Olympic ice training center under s. 42.11 (3
); or a formally constituted
subunit of any of the foregoing.
(1b) "Committed person" means a person who is committed under ch. 51,
971, 975 or 980 and
who is placed in an inpatient treatment facility, during the period that
the persons placement in
the inpatient treatment facility continues.
ITEM NUMER: 3.07 b
(1bg) "Employee" means any individual who
is employed by an authority, other than an
individual holding local public office or a state public office, or any
individual who is employed by
an employer other than an authority.
(1c) "Incarcerated person" means a person who is incarcerated in a pen
al facility or who is
placed on probation and given confinement under s. 973.09 (4) as a con
dition of placement,
during the period of confinement for which the person has been sentenced
.
(1d) "Inpatient treatment facility" means any of the following:
(a) A mental health institute, as defined in s. 51.01 (12)
(c) A facility or unit for the institutional care of sexually violent
persons specified under s.
980.065
(d) The Milwaukee County mental health complex established under s. 51
.08
(1de) "Local governmental unit" has the meaning given in s. 19.42 (7u
)
(1dm) "Local public office" has the meaning given in s. 19.42 (7w),
and also includes any
appointive office or position of a local governmental unit in which an i
ndividual serves as the
head of a department, agency, or division of the local governmental unit
, but does not include
any office or position filled by a municipal employee, as defined in s.
111.70 (1) (i)
(1e) "Penal facility" means a state prison under s. 302.01, county jai
l, county house of correction
or other state, county or municipal correctional or detention facility.
(1m) "Person authorized by the individual" means the parent, guardian,
as defined in s. 48.02
(8), or legal custodian, as defined in s. 48.02 (11), of a child, as
defined in s. 48.02 (2), the
guardian, as defined in s. 880.01 (3), of an individual adjudged incom
petent, as defined in s.
880.01 (4), the personal representative or spouse of an individual who
is deceased or any
person authorized, in writing, by the individual to exercise the rights
granted under this section.
(1r) "Personally identifiable information" has the meaning specified i
n s. 19.62 (5)
(2) "Record" means any material on which written, drawn, printed, spok
en, 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
. "Record" includes, but
is not limited to, handwritten, typed or printed pages, maps, charts, photographs, films,
recordings, tapes (including computer tapes), computer printouts and o
ptical disks. "Record"
does not include drafts, notes, preliminary computations and like materi
als prepared for the
originators 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 b
y 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.
(2g) "Record subject" means an individual about whom personally identifiable information is
contained in a record.
(3) "Requester" means any person who requests inspection or copies of
a record, except a
committed or incarcerated person, unless the person requests inspection
or copies of a record
ITEM NUMBER: 3.07 c
that contains specific references to that person or his or her minor chi
ldren for whom he or she
has not been denied physical placement under ch. 767, and the record is
otherwise accessible
to the person by law.
(4) "State public office" has the meaning given in s. 19.42 (13), bu
t does not include a position
identified in s. 20.923 (6) (f) to (gm)
19.35. Access to records; fees.
(1) RIGHT TO INSPECTION.
(a) Except as otherwise provided by law, any requester has a right to
inspect any record.
Substantive common law principles construing the right to inspect, copy
or receive copies of
records shall remain in effect. The exemptions to the requirement of a governmental body to
meet in open session under s. 19.85 are indicative of public policy, but
may be used as grounds
for denying public access to a record only if the authority or legal cus
todian under s. 19.33
makes a specific demonstration that there is a need to restrict public a
ccess at the time that the
request to inspect or copy the record is made.
(am) In addition to any right under par. (a), any requester who is a
n individual or person
authorized by the individual, has a right to inspect any record containi
ng personally identifiable
information pertaining to the individual that is maintained by an author
ity and to make or receive
a copy of any such information. The right to inspect or copy a record un
der this paragraph does
not apply to any of the following:
1. Any record containing personally identifiable information that is col
lected or maintained in
connection with a complaint, investigation or other circumstances that m
ay lead to an
enforcement action, administrative proceeding,
arbitration proceeding or court proceeding, or
any such record that is collected or maintained in connection with such
an action or proceeding.
2. Any record containing personally identifiable information that, if di
sclosed, would do any of
the following:
a. Endanger an individuals life or safety.
b. Identify a confidential informant.
c. Endanger the security, including the security of the population or st
aff, of any state prison
under s. 302.01, jail, as defined in s. 165.85 (2) (bg), secured cor
rectional facility, as defined in
s. 938.02 (15m), secured child caring institution, as defined in s. 93
8.02 (15g), secured group
home, as defined in s. 938.02 (15p), mental health institute, as defin
ed in s. 51.01 (12), center
for the developmentally disabled, as defined in s. 51.01 (3), or facil
ity, specified under s.
980.065, for the institutional care of sexually violent persons.
d. Compromise the rehabilitation of a person in the custody of the depar
tment of corrections or
detained in a jail or facility identified in subd. 2. c.
3. Any record that is part of a records series, as defined in s. 19.62 (
7), that is not indexed,
arranged or automated in a way that the record can be retrieved by the a
uthority maintaining the
records series by use of an individuals name, address or other identifie
r.
(b) Except as otherwise provided by law, any requester has a right to
inspect a record and to
make or receive a copy of a record which appears in written form. If a r
equester appears
ITEM NUMBER: 3.07 d
personally to request a copy of a record, the authority having custody o
f the record may, at its
option, permit the requester to photocopy the record or provide the requ
ester with a copy
substantially as readable as the original.
(c) Except as otherwise provided by law, any requester has a right to receive from an authority
having custody of a record which is in the form of a comprehensible audi
o tape recording a copy
of the tape recording substantially as audible as the original. The auth
ority may instead provide
a transcript of the recording to the requester if he or she requests.
(d) Except as otherwise provided by law, any requester has a right to receive from an authority
having custody of a record which is in the form of a video tape recordin
g a copy of the tape
recording substantially as good as the original.
(e) Except as otherwise provided by law, any requester has a right to receive from an authority
having custody of a record which is not in a readily comprehensible form a copy of the
information contained in the record assembled and reduced to written for
m on paper.
(em) If an authority receives a request to inspect or copy a record th
at is in handwritten form or
a record that is in the form of a voice recording which the authority is
required to withhold or
from which the authority is required to delete information under s. 19.3
6 (8) (b) because the
handwriting or the recorded voice would identify an informant, the autho
rity shall provide to the
requester, upon his or her request, a transcript of the record or the in
formation contained in the
record if the record or information is otherwise subject to public inspe
ction and copying under
this subsection.
(f) Except as otherwise provided by law, any requester has a right to
inspect any record not
specified in pars. (b) to (e) the form of which does not permit copy
ing. If a requester requests
permission to photograph the record, the authority having custody of the
record may permit the
requester to photograph the record. If a requester requests that a photo
graph of the record be
provided, the authority shall provide a good quality photograph of the r
ecord.
(g) Paragraphs (a) to (c), (e) and (f) do not apply to a recor
d which has been or will be promptly
published with copies offered for sale or distribution.
(h) A request under pars. (a) to (f) is deemed sufficient if it re
asonably describes the requested
record or the information requested. However, a request for a record wit
hout a reasonable
limitation as to subject matter or length of time represented by the rec
ord does not constitute a
sufficient request. A request may be made orally, but a request must be
in writing before an
action to enforce the request is commenced under s. 19.37
(i) Except as authorized under this paragraph, no request under pars.
(a) and (b) to (f) may be
refused because the person making the request is unwilling to be identif
ied or to state the
purpose of the request. Except as authorized under this paragraph, no re
quest under pars. (a)
to (f) may be refused because the request is received by mail, unless
prepayment of a fee is
required under sub. (3) (f) A requester may be required to show acce
ptable identification
whenever the requested record is kept at a private residence or whenever security reasons or
federal law or regulations so require.
ITEM NUMBER: 3.07 e
(j) Notwithstanding pars. (a) to (f), a requester shall comply wit
h any regulations or restrictions
upon access to or use of information which are specifically prescribed b
y law.
(k) Notwithstanding pars. (a), (am), (b) and (f), a legal cust
odian may impose reasonable
restrictions on the manner of access to an original record if the record
is irreplaceable or easily
damaged.
(L) Except as necessary to comply with pars. (c) to (e) or s. 19.3
6 (6), this subsection does not
require an authority to create a new record by extracting information from existing records and
compiling the information in a new format.
(2) FACILITIES. The authority shall provide any person who is authoriz
ed to inspect or copy a
record under sub. (1) (a), (am), (b) or (f) with facilities co
mparable to those used by its
employees to inspect, copy and abstract the record during established of
fice hours. An authority
is not required by this subsection to purchase or lease photocopying, du
plicating, photographic
or other equipment or to provide a separate room for the inspection, copying or abstracting of
records.
(3) FEES.
(a) An authority may impose a fee upon the requester of a copy of a re
cord which may not
exceed the actual, necessary and direct cost of reproduction and transcr
iption of the record,
unless a fee is otherwise specifically established or authorized to be e
stablished by law.
(b) Except as otherwise provided by law or as authorized to be prescri
bed by law an authority
may impose a fee upon the requester of a copy of a record that does not
exceed the actual,
necessary and direct cost of photographing and photographic processing i
f the authority
provides a photograph of a record, the form of which does not permit cop
ying.
(c) Except as otherwise provided by law or as authorized to be prescri
bed by law, an authority
may impose a fee upon a requester for locating a record, not exceeding t
he actual, necessary
and direct cost of location, if the cost is $ 50 or more.
(d) An authority may impose a fee upon a requester for the actual, nec
essary and direct cost of
mailing or shipping of any copy or photograph of a record which is maile
d or shipped to the
requester.
(e) An authority may provide copies of a record without charge or at a
reduced charge where
the authority determines that waiver or reduction of the fee is in the p
ublic interest.
(f) An authority may require prepayment by a requester of any fee or f
ees imposed under this
subsection if the total amount exceeds $ 5. If the requester is a prison
er, as defined in s. 301.01
(2), or is a person confined in a federal correctional institution loc
ated in this state, and he or
she has failed to pay any fee that was imposed by the authority for a request made previously
by that requester, the authority may require prepayment both of the amou
nt owed for the
previous request and the amount owed for the current request.
ITEM NUMBER: 3.07 f
(4) TIME FOR COMPLIANCE AND PROCEDURES.
(a) Each authority, upon request for any record, shall, as soon as pra
cticable and without delay,
either fill the request or notify the requester of the authoritys determ
ination to deny the request
in whole or in part and the reasons therefor.
(b) If a request is made orally, the authority may deny the request or
ally unless a demand for a
written statement of the reasons denying the request is made by the requ
ester within 5 business
days of the oral denial. If an authority denies a written request in who
le or in part, the requester
shall receive from the authority a written statement of the reasons for
denying the written
request. Every written denial of a request by an authority shall inform
the requester that if the
request for the record was made in writing, then the determination is su
bject to review by
mandamus under s. 19.37 (1) or upon application to the attorney genera
l or a district attorney.
(c) If an authority receives a request under sub. (1) (a) or (am)
from an individual or person
authorized by the individual who identifies himself or herself and state
s that the purpose of the
request is to inspect or copy a record containing personally identifiabl
e information pertaining to
the individual that is maintained by the authority, the authority shall
deny or grant the request in
accordance with the following procedure:
1. The authority shall first determine if the requester has a right to i
nspect or copy the record
under sub. (1) (a)
2. If the authority determines that the requester has a right to inspect
or copy the record under
sub. (1) (a), the authority shall grant the request.
3. If the authority determines that the requester does not have a right
to inspect or copy the
record under sub. (1) (a), the authority shall then determine if the
requester has a right to
inspect or copy the record under sub. (1) (am) and grant or deny the
request accordingly.
(5) RECORD DESTRUCTION. No authority may destroy any record at any tim
e after the receipt
of a request for inspection or copying of the record under sub. (1) un
til after the request is
granted or until at least 60 days after the date that the request is den
ied or, if the requester is a
committed or incarcerated person, until at least 90 days after the date
that the request is
denied. If an authority receives written notice that an action relating
to a record has been
commenced under s. 19.37, the record may not be destroyed until after th
e order of the court in
relation to such record is issued and the deadline for appealing that or
der has passed, or, if
appealed, until after the order of the court hearing the appeal is issue
d. If the court orders the
production of any record and the order is not appealed, the record may n
ot be destroyed until
after the request for inspection or copying is granted.
(6) ELECTED OFFICIAL RESPONSIBILITIES. No elected official is responsi
ble for the record of
any other elected official unless he or she has possession of the record
of that other official.
19.36. Limitations upon access and withholding.
(1) APPLICATION OF OTHER LAWS. Any record which is specifically exempt
ed from
disclosure by state or federal law or authorized to be exempted from disclosure by state law is
exempt from disclosure under s. 19.35 (1), except that any portion of that record which contains
public information is open to public inspection as provided in sub. (6)
ITEM NUMBER: 3.07 g
(2) LAW ENFORCEMENT RECORDS. Except as otherwise provided by law, whenever federal
law or regulations require or as a condition to receipt of aids by this
state require that any record
relating to investigative information obtained for law enforcement purpo
ses be withheld from
public access, then that information is exempt from disclosure under s.
19.35 (1)
(3) CONTRACTORS' RECORDS. Subject to sub. (12), each authority shall
make available for
inspection and copying under s. 19.35 (1) any record produced or colle
cted under a contract
entered into by the authority with a person other than an authority to t
he same extent as if the
record were maintained by the authority. This subsection does not apply
to the inspection or
copying of a record under s. 19.35 (1) (am)
(4) COMPUTER PROGRAMS AND DATA. A computer program, as defined in s. 1
6.971 (4) (c),
is not subject to examination or copying under s. 19.35 (1), but the m
aterial used as input for a
computer program or the material produced as a product of the computer program is subject to
the right of examination and copying, except as otherwise provided in s. 19.35 or this section.
(5) TRADE SECRETS. An authority may withhold access to any record or p
ortion of a record
containing information qualifying as a trade secret as defined in s. 134
.90 (1) (c)
(6) SEPARATION OF INFORMATION. If a record contains information that i
s subject to
disclosure under s. 19.35 (1) (a) or (am) and information that is
not subject to such disclosure,
the authority having custody of the record shall provide the information
that is subject to
disclosure and delete the information that is not subject to disclosure
from the record before
release.
(7) IDENTITIES OF APPLICANTS FOR PUBLIC POSITIONS.
(a) In this section, "final candidate" means each applicant for a posi
tion who is seriously
considered for appointment or whose name is certified for appointment an
d whose name is
submitted for final consideration to an authority for appointment to any
state position, except a
position in the classified service, or to any local public office. "Fina
l candidate" includes,
whenever there are at least 5 candidates for an office or position, each
of the 5 candidates who
are considered most qualified for the office or position by an authority
, and whenever there are
less than 5 candidates for an office or position, each such candidate. W
henever an appointment
is to be made from a group of more than 5 candidates, "final candidate"
also includes each
candidate in the group.
(b) Every applicant for a position with any authority may indicate in
writing to the authority that
the applicant does not wish the authority to reveal his or her identity.
Except with respect to an
applicant whose name is certified for appointment to a position in the s
tate classified service or
a final candidate, if an applicant makes such an indication in writing,
the authority shall not
provide access to any record related to the application that may reveal
the identity of the
applicant.
(8) IDENTITIES OF LAW ENFORCEMENT INFORMANTS.
(a) In this subsection:
ITEM NUMBER: 3.07 h
1. "Informant" means an individual who requests confidentiality from a l
aw enforcement agency
in conjunction with providing information to that agency or, pursuant to
an express promise of
confidentiality by a law enforcement agency or under circumstances in wh
ich a promise of
confidentiality would reasonably be implied, provides information to a l
aw enforcement agency
or, is working with a law enforcement agency to obtain information, rela
ted in any case to any of
the following:
a. Another person who the individual or the law enforcement agency suspe
cts has violated, is
violating or will violate a federal law, a law of any state or an ordina
nce of any local government.
b. Past, present or future activities that the individual or law enforce
ment agency believes may
violate a federal law, a law of any state or an ordinance of any local g
overnment.
2. "Law enforcement agency" has the the meaning given in s. 165.83 (1)
(b), and includes the
department of corrections.
(b) If an authority that is a law enforcement agency receives a reques
t to inspect or copy a
record or portion of a record under s. 19.35 (1) (a) that contains s
pecific information including
but not limited to a name, address, telephone number, voice recording or
handwriting sample
which, if disclosed, would identify an informant, the authority shall de
lete the portion of the
record in which the information is contained or, if no portion of the re
cord can be inspected or
copied without identifying the informant, shall withhold the record unle
ss the legal custodian of
the record, designated under s. 19.33, makes a determination, at the tim
e that the request is
made, that the public interest in allowing a person to inspect, copy or
receive a copy of such
identifying information outweighs the harm done to the public interest b
y providing such access.
(9) RECORDS OF PLANS OR SPECIFICATIONS FOR STATE BUILDINGS. Records
containing plans or specifications for any state-owned or state-leased b
uilding, structure or
facility or any proposed state-owned or state-leased building, structure
or facility are not subject
to the right of inspection or copying under s. 19.35 (1) except as the
department of
administration otherwise provides by rule.
(10) EMPLOYEE PERSONNEL RECORDS. Unless access is specifically authorized or required
by statute, an authority shall not provide access under s. 19.35 (1) t
o records containing the
following information, except to an employee or
the employees representative to the extent
required under s. 103.13 or to a recognized or certified collective barg
aining representative to
the extent required to fulfill a duty to bargain under ch. 111 or pursua
nt to a collective bargaining
agreement under ch. 111:
(a) Information maintained, prepared, or pr
ovided by an employer concerning the home
address, home electronic mail address, home tel
ephone number, or social security number of
an employee, unless the employee authorizes the authority to provide access to such
information.
(b) Information relating to the current investigation of a possible cr
iminal offense or possible
misconduct connected with employment by an employee prior to disposition
of the investigation.
(c) Information pertaining to an employees employment examination, except an examination
score if access to that score is not otherwise prohibited.
ITEM NUMBER:
(d) Information relating to one or more specific employees that is use
d by an authority or by the
employer of the employees for staff management planning, including performance evaluations,
judgments, or recommendations concerning future salary adjustments or ot
her wage
treatments, management bonus plans, promotions, j
ob assignments, letters of reference, or
other comments or ratings relating to employees.
(11) RECORDS OF AN INDIVIDUAL HOLDING A LOCAL PUBLIC OFFICE OR A STATE
PUBLIC OFFICE. Unless access is specifically authorized or required by s
tatute, an authority
shall not provide access under s. 19.35 (1) to records, except to an i
ndividual to the extent
required under s. 103.13, containing information maintained, prepared, o
r provided by an
employer concerning the home address, home electronic mail address, home telephone
number, or social security number of an individual who holds a local pub
lic office or a state
public office, unless the individual authorizes the authority to provide
access to such
information. This subsection does not apply to the home address of an in
dividual who holds an
elective public office or to the home address of an individual who, as a
condition of employment,
is required to reside in a specified location.
(12) INFORMATION RELATING TO CERTAIN EMPLOYEES. Unless access is specifically
authorized or required by statute, an authority shall not provide access
to a record prepared or
provided by an employer performing work on a project to which s. 66.0903, 103.49, or 103.50
applies, or on which the employer is otherwise required to pay prevailing wages, if that record
contains the name or other personally identifiable information relating to an employee of that
employer, unless the employee authorizes the authority to provide access to that information. In
this subsection, "personally identifiable information" does not include
an employees work
classification, hours of work, or wage or benefit payments received for
work on such a project.
19.365. Rights of data subject to challenge; authority corrections.
(1) Except as provided under sub. (2), an individual or person autho
rized by the individual may
challenge the accuracy of a record containing personally identifiable in
formation pertaining to
the individual that is maintained by an authority if the individual is a
uthorized to inspect the
record under s. 19.35 (1) (a) or (am) and the individual notifies
the authority, in writing, of the
challenge. After receiving the notice, the authority shall do one of the
following:
(a) Concur with the challenge and correct the information.
(b) Deny the challenge, notify the individual or person authorized by
the individual of the denial
and allow the individual or person authorized by the individual to file
a concise statement setting
forth the reasons for the individuals disagreement with the disputed por
tion of the record. A
state authority that denies a challenge shall also notify the individual
or person authorized by
the individual of the reasons for the denial.
(2) This section does not apply to any of the following records:
(a) Any record transferred to an archival depository under s. 16.61 (
13)
(b) Any record pertaining to an individual if a specific state statute
or federal law governs
challenges to the accuracy of the record.
ITEM NUMBER:
19.37. Enforcement and penalties.
(1) MANDAMUS. If an authority withholds a record or a part of a record
or delays granting
access to a record or part of a record after a written request for discl
osure is made, the
requester may pursue either, or both, of the alternatives under pars. (
a) and (b)
(a)
The requester may bring an action for mandamus asking a court to order r
elease of the
record. The court may permit the parties or their attorneys to have acce
ss to the
requested record under restrictions or protective orders as the court de
ems appropriate.
(b) The requester may, in writing, request the district attorney of th
e county where the record
is found, or request the attorney general, to bring an action for mandam
us asking a court to
order release of the record to the requester. The district attorney or a
ttorney general may
bring such an action.
(1m) TIME FOR COMMENCING ACTION. No action for mandamus under sub. (1
) to
challenge the denial of a request for access to a record or part of a re
cord may be
commenced by any committed or incarcerated person later than 90 days aft
er the date that
the request is denied by the authority having custody of the record or p
art of the record.
(1n) NOTICE OF CLAIM. Sections 893.80 and 893.82 do not apply to actio
ns commenced
under this section.
(2) COSTS, FEES AND DAMAGES.
(a) Except as provided in this paragraph, the court shall award reason
able attorney fees,
damages of not less than $ 100, and other actual costs to the requester
if the requester
prevails in whole or in substantial part in any action filed under sub.
(1) relating to access to
a record or part of a record under s. 19.35 (1) (a) If the requester
is a committed or
incarcerated person, the requester is not entitled to any minimum amount
of damages, but
the court may award damages. Costs and fees shall be paid by the authori
ty affected or the
unit of government of which it is a part, or by the unit of government by which the legal
custodian under s. 19.33 is employed and may not become a personal liabi
lity of any public
official.
(b) In any action filed under sub. (1) relating to access to a recor
d or part of a record under
s. 19.35 (1) (am), if the court finds that the authority acted in a
willful or intentional manner,
the court shall award the individual actual damages sustained by the ind
ividual as a
consequence of the failure.
(3) PUNITIVE DAMAGES. If a court finds that an authority or legal cust
odian under s. 19.33
has arbitrarily and capriciously denied or delayed response to a request
or charged
excessive fees, the court may award punitive damages to the requester.
ITEM NUMBER: 3.07 k
(4) PENALTY. Any authority which or legal custodian under s. 19.33 who
arbitrarily and
capriciously denies or delays response to a request or charges excessive
fees may be
required to forfeit not more than $ 1,000. Forfeitures under this sectio
n shall be enforced by
action on behalf of the state by the attorney general or by the district attorney of any county
where a violation occurs. In actions brought by the attorney general, th
e court shall award
any forfeiture recovered together with reasonable costs to the state; an
d in actions brought
by the district attorney, the court shall award any forfeiture recovered
together with
reasonable costs to the county.
19.39. Interpretation by attorney general.
Any person may request advice from the attorney general as to the applic
ability of this
subchapter under any circumstances. The attorney general may respond to
such a request.