Transparency and accountability in government are essential to democracy. The right of citizens to information about how public decisions are made is precious, and open records laws, such as the 1966 Freedom of Information Act (FOIA), are crucial to protecting that right.

However, the rights guaranteed by open records laws can be abused. As our 2015 report Freedom to Bully shows, open records requests are increasingly being used to harass and intimidate scientists and other academic researchers, or to disrupt and delay their work. Academic institutions and other involved parties need to be prepared to respond to these requests in a way that protects the privacy and academic freedom of researchers while complying with the law and respecting the public's right to information.

The impact of harassment on research

The use of open records laws to harass researchers emerged with the growing use of electronic communications. Conversations that used to take place over the phone or in person are now conducted by email, a format that leaves a permanent record. When these email discussions are made public through records requests, the privacy that academics have long enjoyed in discussions with colleagues is compromised. This can have a chilling effect on the frank exchange of ideas and constructive criticism, a crucial part of the scientific process.

Abuse of open records requests can also hinder researchers simply by hijacking their schedule. Complying with requests may take dozens or even hundreds of hours of researchers' time, putting their real work on hold or on the back burner for a long while. This may often be the main purpose of such requests.