Both federal and state laws protect the right of the public to access records maintained by government entities. The Freedom of Information Act (FOIA) is a federal law that protects the rights to many government records. Those who need local records in New Mexico can also file a request under the Inspection of Public Records Act (IPRA).
Both the FOIA and the IPRA help establish government transparency. They allow those who have experienced violations of their civil rights to gather evidence to prove what occurred with the use of government records.
How long does it take to access records under either of these statutes?
Federal rules provide more flexibility
Federal agencies and others subject to FOIA rules have weeks to respond to requests from members of the public, attorneys or journalists. Under the FOIA, there should be a response from a federal agency within 20 working days of an inquiring party submitting a request for records.
In some cases, the agency responding to requests can extend the response timeline by an additional 10 working days. That may mean that it takes more than a month to obtain federal records. That being said, if the request is relatively simple and requires minimal searching or analysis, the federal agency may be able to complete the request in as little as five working days.
State laws are slightly stricter
Under the IPRA, state and local authorities have to respond to records requests within 15 calendar days. Typically, the response to the request includes the requested records.
However, in scenarios where people make broad requests, the response submitted within 15 days might be a request for clarification. State law does limit certain information requests, such as body camera footage from police officers that may include depictions of nudity or violence.
For the most part, state and municipal authorities have just over two weeks to respond to a request, while federal authorities can take a month or longer. The records provided by those agencies can help establish that something illegal or inappropriate happened.
Learning more about public information requests can be beneficial for those trying to fight back after a violation of their civil rights. State, federal or municipal records may go a long way toward developing a legal case related to a civil rights violation by authority figures.