WHAT THE 'SUNSHINE' IN 'SUNSHINE WEEK' MEANS FOR AP

The Associated Press has been a leading and aggressive user of federal and state open records laws in its reporting, as well as a tireless advocate of the importance of transparency and accountability in government.

In 2010, AP redoubled its Freedom of Information Act efforts. Last year saw a surge in FOIA activity at AP – more appeals were filed, and the appeals themselves all took a stronger posture against government secrecy. In all, AP’s in-house counsel wrote or negotiated more than 60 appeals in 2010, a nearly 50% increase from the prior year. More appeals were also resolved in 2010, and many were resolved favorably, leading again to the release of critical information that the government would have preferred to keep secret. AP also increased its FOIA training, both internally and to outside groups, and strengthened its approach to filing appeals, responding to denials, and negotiating with government agencies. AP also advocated for the strengthening of FOIA, and engaged the services of the new Office of Government Information Services (OGIS) for the resolution of certain appeals that were denied by agencies. AP took on enterprise projects that were heavily reliant on FOIA and state open records requests, and worked with reporters internationally on utilizing both the U.S. and foreign-based laws.

The year also saw a noteworthy climb in the number of agency denials of AP’s administrative appeals, including an increased sophistication and gamesmanship in the language of and type of denial. In several instances, agencies refused to release documents even after granting AP an appeal, thus forcing AP to institute a second round of appeals for the same material; in some instances, agencies reasserted the same erroneous exemptions that it had already conceded were improper and should not apply. Agencies also routinely asserted new and additional exemptions after AP had already exhausted its administrative remedies, thus leaving AP no recourse except to sue for the release of documents. Other agencies simply continued to stall on requests, refusing to address pending requests despite the passage of considerable time.

Our goal is to help AP journalists make legal rights and remedies part of their arsenal of tools in the continuing battle for freedom of information. No newsgathering organization has used them more boldly, or more comprehensively, than The Associated Press to prevent public officials from hiding their actions from the people they serve.

See details about AP's access cases in 2009.