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Wisconsin Statutes and Annotations on Public Records and Property (excerpts)
19.35 Access to records...
(5) Record destruction. (continued)
The custodian is not authorized to comply with an open records request at some unspecified date
in the future. Such a response constitutes a denial of the request.
Subject to the redaction of officers' home addresses and supervisors' conclusions and
recommendations regarding discipline, police records regarding use of deadly force are subject
to public inspection.
A public school student's interim grades are pupil records specifically exempted from
disclosure under s. 118.125. If records are specifically exempted from disclosure, failure to
specifically state reasons for denying an open records request for those records does not
compel disclosure of those records.
Requesting a copy of 180 hours of audiotape of "911" calls, together with a transcription of
the tape and log of each transmission received, was a request without "reasonable limitation"
and was not a "sufficient request" under sub. (1) (h).
When access is sought to any records that pertain to an individual, the targeted individual has
a right to notification and to seek court review of the decision if the record custodian agrees
to release the information. The test outlined in Woznicki applies to personnel records of
public sector employees.
If the requested information is covered by an exempting statute that does not require a
balancing of public interests, there is no need for a custodian to conduct such a balancing.
Written denial claiming a statutory exception by citing the specific statute or regulation is
sufficient.
[...] the circuit court has a two-pronged role in reviewing a custodian's
decision to release records over the record subject's objection. First the court determines if
the custodian performed the appropriate balancing test. Then the court performs a de novo
independent review in which the taking of additional evidence is permitted. It was proper for
the court to review newspaper articles regarding the subject of the records and to consider
that the information already available to the public had already lessened the subject's
reputation.
