Connecticut Public Records: Notable Case Law

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Board of Trustees v. Freedom of Information Comm’n, 181 Conn. 544 (1980) | When determining whether an institution is a public body for purposes of the FOIA, courts review the following criteria: (1) whether the entity performs a governmental function; (2) the level of government funding; (3) the extent of government involvement or regulation; and (4) whether the entity was created by the government.

Hartford Courant Co. v. Freedom of Info. Comm’n, 261 Conn. 86 (2002) | When an agency cannot adequately separate exempt data from nonexempt data, the agency must either develop a program or contract with an outside entity to develop a program, as long as the requesting party bears the cost.

Wilson v. Freedom of Information Comm’n, 181 Conn. 324 (1980) | An agency claiming an exemption to the FOIA bears the burden of demonstrating its applicability.