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University of Arkansas at Little Rock Law Review

Document Type

Comment

Abstract

FOIA provides a necessary oversight by which Arkansans can monitor the actions of those within the government. FOIA ensures that its purpose may not be thwarted by prohibiting the transfer, withdrawal, or destruction of documents in an attempt to prevent their release to the public. The executive, legislative, and judicial branches of the government are subject to the FOIA. FOIA statutorily exempts certain public records that would otherwise be accessible to Arkansans. Additionally, the Arkansas Constitution provides numerous safeguards to protect the privacy rights of individuals.

Issues arise with electronic communication under FOIA so various judicial and Attorney General opinions indicate certain factors will tend to demonstrate whether a series of electronic communications do constitute a meeting: where there are signs that public discussion is being avoided; whether actions that were taken after the communications have been sent would normally be precipitated by a meeting; whether the public was privy to any of the deliberations that gave rise to the e-mails; or the e-mails themselves; and whether the e-mails constitute something more than simply traditional communication or the passive receipt of electronic communications.

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