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Anti-transparency bills wrapped in fear and feigned concern for easier swallowing

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Anyone who has ever had to give a dog a pill should recognize the trick that your politicians are using to attack your fundamental right to open records in a democratic society.

If you wrap that pill in bacon, it's in your dog's mouth faster than you can blink. If you're a politician wanting to help local governments keep public records private, you wrap your attack in common-sense exemptions that no logical person would oppose.

And through subtlety, you make people afraid of the Illinois Freedom of Information Act and you wrap it in that fear as well.

Cal Skinner over at McHenry County Blog wrote about my Monday blog post regarding House Bill 3137, which among other things would amend FOIA to allow governments to exempt drafts of reports and presentations prepared by government staff. It's one of a slew of bills that the McHenry County Board and 14 other counties, through their lobbying group paid for with your tax dollars, are trying to push through Springfield to curtail your right to know.

The example I cited was how draft reports contributed to the Northwest Herald's award-winning coverage of the county's repeated mishandling of the McCullom Lake brain cancer cluster – coverage, I'm sure, that county officials wouldn't mind going away.

I didn't include other exemptions proposed in the bill – date of birth, medical and health information of public employees – because such information in my opinion is already exempted under FOIA as "clearly unwarranted invasion[s] of personal privacy." As a matter of fact, medical records are plainly listed as private information, as are "unique identifiers."

I assumed that these provisions were not a big deal because they're already covered under FOIA. I owe Skinner and the person who commented on his post a debt of gratitude for showing that I assumed too much. And as my drill sergeant used to say (cleaned up for a G-rating), if you parse the word "assume," it makes something bad out of "u" and "me".

I'll bet anything that most, if not all, of the people who read about House Bill 3137 will only focus on the birth date and medical records exemptions that are already exempt. If I didn't know anything about FOIA, the idea that a journalist or business could FOIA my medical records would scare me stiff. I would then call my legislator and demand that they get the bill out of committee and pass it with all haste.

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About the Author

Kevin Craver

Senior reporter

Northwest Herald

Crystal Lake, IL

kcraver@shawmedia.com

Kevin has worked at the Northwest Herald since 2000. The Illinois Associated Press awarded his blog this year as the best news blog in the state for medium-sized newspapers. He has won more than 70 state and national journalism awards.

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