FAQ
Question:
How long does it take to process my FOIA?
Answer:
It depends on the age of the information you are requesting and how much search and retrieval time it takes to pull the information.
The City will send a Determination Letter notifying you of its determination as to whether the City has any responsive records within ten (10) business days for records less than two (2) years old, or within twenty (20) business days for records more two (2) years old.
Pursuant to S.C. Code Ann. § 30-4-30(B), fulfillment of FOIA requests is subject to fees for search and retrieval, as well as fees for providing copies of documents.
If search and retrieval time is greater than thirty (30) minutes and/or the number of pages to be produced is greater than ten (10) pages, a DEPOSIT (25% of reasonably anticipated cost for reproduction of the records) IS REQUIRED prior to searching for and/or coping records pursuant to a FOIA request. The balance must be paid before the release of records.
If the City determines that the requested records are available and are not exempt from disclosure under FOIA, the records will be furnished within thirty (30) calendar days of the date the deposit is received. If the records are more than two years old, the records will be furnished within thirty-five (35) calendar days of the date the deposit is received.
If the search/retrieval time is less than half an hour and/or the total number of documents responsive to the FOIA request is ten (10) pages or less, no reproduction fee will be charged.
If no deposit is required and the City determines that the requested records are available and are not exempt from disclosure under FOIA, the City will furnish the records within thirty (30) calendar days of the date of its Determination Letter. Requested records which are greater than two (2) years old will be furnished within thirty-five (35) calendar days of the date of the Determination Letter.
Question:
Can I obtain body-worn camera footage from a certain incident via FOIA?
Answer:
Under South Carolina law, body-camera footage is not considered a public record subject to FOIA. See S.C. Code Ann. § 23-1-240(G)(1) (“Data recorded by a body-worn camera is not a public record subject to disclosure under the Freedom of Information Act.”).
Question:
If the City asks me for an extension on a deadline, do I have to agree to it?
Answer:
Likely, yes. Under South Carolina’s FOIA, “[t]he various response, determination, and production deadlines provided by this subsection are subject to extension by written mutual agreement of the public body and the requesting party at issue, and this agreement shall not be unreasonably withheld.”
Question:
Can I request answers to certain questions under FOIA?
Answer:
No. South Carolina’s FOIA applies to requests for records, not simply requests for information. See S.C. Code Ann. § 30-4-30(A)(1). FOIA only compels production of public records that currently exist and does not mandate a public body (in this case the City of Greenville) create a document to respond to a FOIA request. See, e.g., S.C. Code Ann. § 30-4-30(A)(2) (“A public body is not required to create an electronic version of a public record when one does not exist to fulfill a records request.”).
Question:
I am in criminal discovery; can I file a FOIA request?
Answer:
An individual cannot use FOIA to circumvent the limitations of criminal discovery. See State v. Robinson, 409 S.E.2d 404, 409 (S.C. 1991) (“[W]e conclude the South Carolina FOIA exempts discovery of material that is not otherwise discoverable under Rule 5(a)(2). The specific exemption under § 30–4–40(a)(3)(B) for ‘the premature release of information to be used in a prospective law enforcement action’ clearly exempts information regarding pending criminal prosecutions.”). See also Evening Post Pub. Co. v. City of N. Charleston, 611 S.E.2d 496, 500 (S.C. 2005).
Question:
I am an inmate; can I file a FOIA request?
Answer:
No. South Carolina’s FOIA does not permit inmate to obtain records via FOIA. See S.C. Code Ann. § 30-4-30(A)(1) (“This right [to FOIA records] does not extend to individuals serving a sentence of imprisonment in a state or county correctional facility in this State, in another state, or in a federal correctional facility; however, this may not be construed to prevent those individuals from exercising their constitutionally protected rights, including, but not limited to, their right to call for evidence in their favor in a criminal prosecution under the South Carolina Rules of Criminal Procedure.”).
Question:
What is the difference between a FOIA request and a subpoena?
Answer:
A FOIA request is a request for records under South Carolina’s Freedom of Information Act. See S.C. Code Ann. § 30-4-10, et. seq. Under South Carolina’s FOIA, only public records can be released, and those records are subject to certain exemptions. See, e.g., S.C. Code Ann. § 30-4-40. Exempt material will either be redacted or not provided, depending on the nature of the record being requested.
A subpoena is a request for records incident to an ongoing court case. Subpoenas are governed by the Civil or Criminal Rules of Procedure and are not subject to exemptions under FOIA (which is entirely different). However, subpoenas may still be subject to certain redactions (including, for instance, some personal identifiable information such as SSNs or Driver’s License Numbers).