FOIA: A refresher on your duty to serve the public transparency

Stephanie Shaver

In any functioning democracy, transparency and accountability aren’t optional—they’re essential. As journalists, we are often labeled a nuisance simply for doing our jobs. It’s a sentiment many public servants—especially in law enforcement and local government—can likely relate to. We may operate in different arenas, but we share a similar mission: to serve the public, even when that service comes under scrutiny.

Our job is to seek truth, hold power accountable, and keep the public informed. As Supreme Court Justice Hugo Black once said:

"In the First Amendment the Founding Fathers gave the free press the protection it must have to fulfill its essential role in our democracy. The press was to serve the governed, not the governors. [...] Only a free and unrestrained press can effectively expose deception in government.”

That role relies heavily on access to public information. Unfortunately, confusion and inconsistency regarding South Carolina’s Freedom of Information Act (FOIA) remain—especially among agencies not regularly interacting with media requests. These misunderstandings usually don’t stem from bad intentions, but rather a lack of clarity on what the law requires.

This article serves as a straightforward refresher for law enforcement, coroners, municipal employees, board members, and other public officials about what FOIA demands and why it matters.

What Is FOIA?

South Carolina’s Freedom of Information Act (also called the “Sunshine Law”) was passed in 1976 to guarantee the public’s right to access records and attend meetings of public bodies. In 2017, Governor Henry McMaster signed updates into law to strengthen compliance and streamline access for all citizens—not just journalists.

FOIA exists to ensure that the government is not conducted in the dark.

What Must Be Available Without a Written Request?

Under Section 30-4-30(D), certain records must be made available for inspection or copying during regular business hours without a formal written request, as long as the requester appears in person. These include:

• Minutes from public body meetings from the previous six months
• Jail and detention center booking logs for the past three months
• All public reports identified in Section 30-4-50(A)(8) from the last 14 days
• Any document produced by or distributed to a public body during a public meeting in the last six months

What Can Be Withheld?

Section 30-4-40 outlines specific types of records that may be exempt from disclosure—but the word "may" is key. Public bodies are not required to withhold this information and should use discretion. Exemptions include:

• Trade secrets or proprietary business information
• Personal information where disclosure would be an unreasonable invasion of privacy
• Certain law enforcement records only if their release would interfere with an ongoing investigation, compromise a fair trial, endanger someone, or reveal a confidential informant
• Information explicitly exempt under other laws (e.g., Social Security numbers, medical records, student academic records)

What Is Always Considered Public?

Under Section 30-4-50, the following are always public unless otherwise restricted by federal or state law:

• Names, sex, race, job titles, and dates of employment for public employees
• Final disciplinary actions
• Booking and arrest records (with some exceptions)
• Incident reports detailing the nature, substance, and circumstances of a crime

These are examples of records that should be disclosed upon request and are often of significant public interest.

Why It Matters

FOIA isn't just about paperwork. It’s about trust—between the government and the people it serves. When public officials follow FOIA, they help strengthen civic engagement, prevent corruption, and improve community relations.

To support public servants in this responsibility, the South Carolina Press Association, along with the state attorney general’s office, has compiled a helpful resource: The Public Officials Guide to Compliance with South Carolina’s Freedom of Information Act. This guide includes deeper legal interpretations, best practices, and frequently asked questions. Public Official's Guide to the FOIA - South Carolina Press Association

Whether you're a sheriff, councilmember, clerk, or coroner, understanding your responsibilities under FOIA ensures you're doing your part to uphold open government. And that’s something every citizen—no matter their role—should expect.