The Wisconsin Freedom of Information Council is issuing an action alert regarding Gov. Scott Walker's proposal to exempt records of University of Wisconsin research from the state's Open Records Law. The governor's budget bill, SB21, on P. 181-182, would create this new section of the statute:
19.36 (14) UNIVERSITY OF WISCONSIN SYSTEM AUTHORITY. Any authority may withhold from access under s. 19.35 (1) information in a record that is produced or collected by or for the faculty or staff employed by the University of Wisconsin System Authority in the conduct of, or as a result of, study or research on a commercial, scientific, or technical subject, whether sponsored by the University of Wisconsin System Authority alone or in conjunction with an authority or a private person, until that information is publicly disseminated or patented.
This would create a blanket exemption for all records of UW research that university officials choose to not disseminate or patent. It would be invoked to prevent public access to records regarding controversial research. It would keep the public from knowing details about the conduct of publicly funded institutions and allow abuses to go undetected.
This is the third attempt in recent years to shut off public access to records of university research.
The first prior attempt occurred in May 2013. University officials asked the Legislature's Joint Finance Committee to insert language into the budget to shut down access to records of UW-Madison research. They were not successful. A memo to lawmakers circulated as part of this effort specifically cited the UW's desire to avoid having to respond to requests for research involving the use of animals, an area of study that even defenders believe raises ethical questions that warrant public awareness and discussion.
Then, in February 2014, lawmakers introduced AB 729 just days before holding a public hearing on same. The Legislative Reference Bureau's analysis said the bill would exempt "information, data, or records produced or collected by or for faculty or staff of [UW System] institutions as a result of study or research on commercial, scientific, or technical subjects. The exemption applies whether or not the study or research is sponsored by the institution alone or in conjunction with a governmental body or private concern. The exemption expires when the information is publicly released, published, or patented."
State Rep. Steve Nass, then chairman of the Assembly Committee on Colleges and Universities, now a member of the state Senate, objected to this change. It was removed from the bill prior to the hearing.
Legislation deemed dead on arrival by the Joint Finance Committee and an Assembly committee should not find new life in the governor's budget. Any such change should be deliberated as stand-alone legislation, on its merits. Or lack thereof.
Current law already allows state universities, like any state or local public authority, to deny access to records if they can make the case that the harm from release outweighs the presumption that the public is entitled to access. This bill would eviscerate that standard for the University of Wisconsin. No longer would our universities need a good reason, or any reason, to deny access.
We hope that advocates for open government in Wisconsin will unite in opposition to this bad idea.