The New Mexico Foundation for Open Government (FOG) has called on state and local governments to end excessive copying fees for public records — fees that violate the state public records law, according to FOG director Sarah Welsh.
“We’ve seen an up-tick in complaints regarding excessive charges for electronic copies, particularly at the local level,” Welsh said. “These include big bills to receive routine documents as e-mail attachments, and big bills for the privilege of making your own copies with a scanner or digital camera. Whatever the situation, unreasonable copy fees violate open-government laws and strongly discourage public access to information.”
The state Inspection of Public Records Act (IPRA) protects any person the right to inspect public records for free, Welsh said.
Fees not to exceed $1 per page may be assessed only if copies are requested, according to state statute.
In reality, however, fees vary dramatically among different government agencies, and in many cases arbitrarily exceed the actual cost of producing those copies, open government advocates have long complained. Per-page fees are routinely charged by New Mexico state agencies for the production and disclosure of digital documents like PDF reports.
Individuals may use their own scanners, copiers or cameras to make copies of public records without charge, Welsh said.
“There are already a host of practical barriers to obtaining public information,” Welsh said. “As a citizen, I have to know what I’m looking for and who’s holding it, and I have to take the time and effort to request it. Sometimes I’ll need to study the law and argue my case for weeks or months on end. If I’m successful, copying charges often represent one final barrier to access. Citizen requesters will balk at paying hundreds or thousands of dollars for information, and that’s harmful to the public interest in government transparency and accountability.”