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_DeadFred_yesterday at 11:49 PM1 replyview on HN

Wouldn't this only be true if the camera's are primarily used by non-government entities? Once their income/use is primarily from the government they become an agent of the state and relevant laws apply, no? Wasn't this how they were able to FOIA 'private' parole officers in the south a couple of years back? Or they could 'constructively' construed as being a public entity? Private parole officer, private care providers, etc have all been ruled to in fact be constructively agents of the state and the rules (not necessarily FOIA in each instance, but even tougher constraints that would easily apply as precedent for FOIA) applied to them.


Replies

tptacektoday at 1:50 AM

No, that's not how it works. So far as I know, FOIA basically never compels private entities to do anything. It can compel usage by the public body, in many (but not all) cases. But FOIA isn't going to let you crack open an Atlassian (or Flock) database, unless something truly novel happens in FOIA jurisprudence.

We might be talking past each other, because this stuff is subtle. But basically: whoever's doing the actual document production under FOIA, it's got to be a public body. If you're a commercial SAAS serving a public body, and you've got data that FOIA says needs to be produced, that's the public body's problem, not yours.