The preliminary step in the analysis is determining whether or not the factual information at concern is covered by the attorney-client privilege. If the information is privileged, the general public physique ought to next determine whether or not all the above standards are met. If they’re, the public body must either produce the factual data, or prepare and produce a condensation of the significant facts.Producing a factual condensation doesn’t waive the lawyer-shopper privilege. The last Home Improvement News condition is whether disclosing the knowledge would harm the public interest. Even if all the opposite circumstances are met, if the public curiosity would not undergo by disclosure, the exemption doesn’t apply. This situation requires consideration not only of the influence of the disclosure on the particular informant offering the knowledge but also of the likelihood that disclosure would discourage other informants from offering data in confidence in the future.
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The third situation is whether or not the information itself should fairly be thought of confidential. This situation would usually be met if disclosure of the knowledge is restricted by statute or is exempt from disclosure beneath other exemptions of the Public Records Law. If the knowledge is publicly available, obtainable, or observable, it can not fairly be thought-about confidential.Our dialogue beneath on the public curiosity condition also informs the analysis right here, as these two conditions could be intently related in certain circumstances.
The first condition is whether or not the information was submitted in confidence. Many public our bodies obtain info that fairly could possibly be thought of confidential, with none specific request for confidentiality. The procedures for submitting and processing a request for such data are the same as described above.