Baltimore Police Email Search Fee Hinders Public Access and Decreases Accountability

Baltimore Police Department

The Baltimore Police Department is charging $50 if a member of the public requests emails from the department, making public access to information and holding government officials more difficult.

MuckRock posted this earlier this week.

According to the policy, outlined in a response to MuckRock, the department says it will charge the $50 email search fee before it will begin to process the request. If the fee is paid, the search begins, a review cost is determined and if the cost and terms are “agreed upon” the $50 fee is deducted from the final cost. Click here or look below to read more about the policy.

While it is a nice gesture for them to deduct the search fee from the total cost, charging just to begin a search threatens the public’s right to information. Emails from public agencies and public employees should be released to the public without prohibitive fees. This information belongs to the public. Members of the public should not have to pay a search fee for it. Charging before the request is even processed is even more prohibitive and threatening to the public’s right to know.

An email to the Baltimore Police Department was not returned. It is also unclear as to when or why this policy was implemented. MuckRock estimates it was sometime in the last two months.

Whatever the reason, the policy is prohibitive and makes requesting emails more difficult for the public. Since the public has a right to this information, there should not be extra steps to jump over or extra fees to be paid in order to obtain it.

Fighting for access to information is something the Society of Professional Journalists takes seriously. If you have been hindered by Baltimore PD’s policy, please let me know: @LWalsh or lwalsh@spj.org

More from the policy:

If you are requesting e-mails correspondence the following is the procedure to request BPD e-mail.

Request for BPD emails are handled by the Information and Technology Section (I T). BPD emails are handled separately from the City of Baltimore emails. BPD emails have a limited retrieval time frame. The cost of in-house retrieval is based on the number of email that must be reviewed before being disclosed. Confidential opinions, deliberations, advice or recommendations from one governmental employee or official to another for the purpose of assisting the latter official in the decision-making function may be withheld. In addition, part of an interagency, or intra-agency letter or memorandum that would not be available by law to a private party in litigation can be withheld.

The BPD can run a word, name or phase through the email retention system. The BPD can run individual email addresses or the entire BPD email system. Once the system identifies the emails with the word, name or phase each email will have to be review to determine what can be disclosed and their relevancy.

The average staff time of review e-mails for release is approximately 150-200 pages reviewed per hour (e-mails and attachments). Time differs depending on the size or complexity of the e-mails. Once all disclosable emails are identified the BPD will advise of the actual cost of producing the e-mails. There is a minimum charge of $50.00 to start the search and downloading of e-mails. After the number of emails is determined you will be provided with the review cost. If the costs and terms are agreed upon emails will be reviewed. The $50.00 search fee will be deducted from the final cost.

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