What is the correct approach to handling a request for information under public records or FOIA when it may implicate an investigation?

• A. Disclose all records immediately without redaction.
• B. Provide information as required by law, redact sensitive data, avoid disclosing privileged material, and consult supervisors.
• C. Refuse to disclose any information.
• D. Delay disclosure until the investigation is complete.

Answer: (B)

When handling a public records request that might touch an investigation, the guiding approach is to release information as the law requires while protecting sensitive or privileged material. Agencies must review responsive records and disclose what is not exempt, but they may redact or withhold parts that could impede an investigation, reveal confidential sources, invade privacy, or disclose privileged communications. If there’s any doubt about what to release, consulting supervisors or the agency’s legal experts helps ensure consistent applying of exemptions and appropriate redactions. This balances transparency with protecting the integrity of the investigation and legal privileges.

Disclosing everything immediately would risk jeopardizing the investigation and privacy or privilege protections. Refusing to disclose anything oversimplifies the law and denies legitimate access. Delaying disclosure until the investigation is fully complete isn’t the default requirement; disclosures can occur under the law with the proper redactions and with guidance from legal counsel.