Your Tax Dollars At Work
Finding and Using Public Information
This is the fourteenth installment in the series Get Your Facts Straight: Research Skills for Writers. For more about this 18-part series, including the complete schedule and the Table of Contents with links to all the other articles in the series, click here.
In the US, there are many types of public information that a researcher might wish to use. Because much of this information is technical in nature and is oriented specifically toward government offices, legal systems, and institutional functioning, finding out what’s available and how to access it can be less than intuitive. There’s also a lot of public information out there, enough that a serious researcher will probably need to consult a reference librarian with expertise in public information. A full guide to public information and access would be a rather long book, and prohibitively lengthy for the format of this series. A full guide to public information worldwide would require an encyclopedia, so I won’t even attempt it here.
The intention of this overview is to provide a helpful backgrounder that covers three primary issues facing researchers who want to use publicly available information in the United States:
Types of publicly funded research information producers and repositories
Categories of publicly available information relating to individuals
Major legislation affecting public information availability
Types of Publicly Funded Research Information Producers and Repositories
Public Libraries
State, county, and local libraries and library systems are the most commonly encountered public research information producers and repositories in the US. These range from small neighborhood branch libraries all the way up to state libraries (https://publiclibraries.com/state/) and the Library of Congress (https://www.loc.gov/). Public educational institution libraries, like state university libraries, are also part of the larger public library system. Most are publicly accessible, although you’ll need to check their user policies on an individual basis.
Federal Depository Libraries
A subgroup of about 1100 public libraries nationwide are designated as Federal Depository Libraries (https://www.gpo.gov/how-to-work-with-us/agency/services-for-agencies/federal-depository-library-program). The Federal Depository Library Program is administered by the U.S. Government Publishing Office, and was established by Congress in 1813 to ensure that the American public could get access to Government information in a variety of locations throughout the US.
State Archives
In the US, each state maintains a State Archive (https://www.archives.gov/research/alic/reference/state-archives.html) to collect and preserve materials pertinent to each individual state and its history. These can include maps, census documents, legislative materials, photos, records of state agencies and organizations, and much else, including vital statistics information like birth and death records.
State, County, and City Records Offices
Individual US states have records offices at the state, county, and sometimes city levels (particularly for larger cities). These exist under a variety of names, like “Department of Vital Records” or “Department of Public Records.” They keep track of a variety of information pertinent to the legislative and bureaucratic functioning of states and can include state and local laws, election information, property records, probate cases, marriage and divorce decrees, adoptions, information about public education and schools, and information on state and local programs such as taxation, public health, transportation, business development, licensing, and more.
What information is housed in what records office or system within the records offices varies by state and sometimes by county; a call to the State Library or Archives can help clarify where you will need to look. County and city records are primary sources of information like birth and death certificates. A reference librarian can assist you in finding out what records office you should contact for the type of information you’re seeking in a given location.
Legal Filings and Court Proceedings
In the US, almost all civil (non-criminal) and most criminal legal proceedings are public record, although certain information such as the names of minors or victims of sexual crimes may be kept confidential. (In some cases, parties to lawsuits can also request that certain sensitive information be sealed and kept private, but this is handled on a case-by-case basis.) Court records are kept in what’s called the docket, a list of all documents filed in a case. Federal court records after 1999 are available online via the PACER (Public Access to Court Electronic Records) service. (https://pacer.login.uscourts.gov/csologin/login.jsf).
State court proceedings may or may not be available online; these services are administered by individual states. The National Center for State Courts website provides links to court record sites for each state (https://www.ncsc.org/information-and-resources/state-court-websites). The public can always go directly to a court and perform records searches at the court clerk’s office.
The Government Accountability Office
The US Government Accountability Office (https://www.gao.gov/), called the the General Accounting Office until 2004, provides the public, Congress, the heads of agencies, and others with fact-based information on US government expenditures. It was established in 1921, and while its scope has changed over time, it is now a broadly multidisciplinary body that handles audit and evaluations on behalf of Congress, for instance evaluating and making recommendations with regard to the largest national emergency response in US history, the COVID-19 response legislation. Anyone can order a copy of a GAO report as long as the report contents are not classified information.
State Auditors’ Offices
State auditors supervise and have administrative rights over state-level accounting and financial functions. They also audit and review the financial records of state departments and agencies. They may function under a variety of names, like “comptroller,” “treasurer,” or “examiner” in addition to “auditor.” Ballotpedia maintains a list of state auditors (https://ballotpedia.org/List_of_current_auditors_in_the_United_States); there is also a member directory at the National Association of State Auditors, Comptrollers, and Treasurers (https://www.nasact.org/).
Government Archives
The Federal government and the governments of various states operate archives to collect materials relating to local, state, or national government operations and activities. The National Archives and Records Administration (https://www.archives.gov/) is the locus classicus at the federal level, but there are other types as well, for instance Presidential Libraries like the Carter Presidential Library and Museum in Atlanta (https://www.jimmycarterlibrary.gov), pictured below.
Legal Codes
Laws on the books are publicly available information. There are a number of places that this information can be obtained, but two reliable online sources are Justia U.S. Law (https://law.justia.com/codes/) and Findlaw.com (https://www.findlaw.com/state/state-codes.html)
Categories of Publicly Available Information Relating to Individuals
This list is not exhaustive, but is intended to give you a perspective on the types of public information that may be publicly available with regard to a given individual.
Birth and death records
Public school registrations
Marriage licenses, divorce decrees, and records of terms of divorce settlements
Licenses of various sorts: drivers’ licenses, hunting licenses, gun licenses, pet licenses, operator licenses for boats and aircraft, licenses to sell liquor or dispense prescription drugs, business licenses, health care provider licenses, and licenses for any other licensed or state-related occupation
Military service records
Voter registration files, including record of whether or not you voted in a given election (whether you vote or not is public record, how you cast your vote is not)
Records of property ownership and sale
Many financial records such as income taxes, property taxes, and campaign contributions
Arrest records, bankruptcy filings, civil and criminal proceedings
Major legislation affecting information availability
The Freedom of Information Act or FOIA, established in 1966, established that any person has a right to obtain access to the records of federal agencies except where such records (or parts of them) are excluded from public disclosure for one of a specified set of legal reasons. The intent was, as the Supreme Court put it, to ensure an informed citizenry and “check against corruption and to hold the governors accountable to the governed.” (https://www.justice.gov/archives/open/foia) Requests for information under FOIA have to be sufficiently specifically worded that the agency can identify what the seeker is requesting, which can require significant preparatory research. FOIA restrictions change from time to time in response to a variety of security concerns, so researchers must assess their requests in the light of whatever current restrictions might apply to them. Information on how to make a FOIA request is here (https://www.foia.gov/how-to.html).
States have versions of the FOIA that specify the terms of access to state records.
Individual privacy is governed by the federal Privacy Act, passed in 1974 and amended at various points since. (https://www.justice.gov/opcl/privacy-act-1974) It establishes that Federal agencies may not expose the records of an individual without the written consent of that individual, unless under specific legal circumstances, and also provides individuals with a means by which to seek access to and amendment/correction of the records that concern them, as well as setting record-keeping requirements. The Privacy Act, like FOIA, is subject to periodic modifications. A comprehensive overview of the Privacy Act took place in 2020 and is available for reference.
Most states have some version of the Privacy Act that covers state records about individuals.
The privacy of individuals' health care and medical information is covered under HIPAA, the Health Insurance Portability and Accountability Act of 1996. Its Privacy Rule protects all “individually identifiable health information” held or transmitted by a covered entity or its associates in any form, including demographic data and information related to a person’s past, present, or future physical or mental health, provision of health care to that person, and payments for health care. As with other privacy legislation there are some exceptions, particularly with regard to employers and educational institutions.
NOTE TO RESEARCHERS: The landscape of public information is always growing and changing. Because it is a specialized arena for researchers and one in which considerable expertise can be required, it’s always a good idea to check in with a librarian specializing in public information resources to make sure you’re on the right track to access the information you need.