Wisconsin Public Records

In its most general terms the Wisconsin Public Records Law (Wis. Stat. §§ 19.31-19.39) provides that a requester may inspect and/or receive a copy of any record that is not specifically excepted by some provision of state or federal law.

Wisconsin favors broad access to records and the law states that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them. Providing such information is an essential function of a representative government and an integral part of the routine duties of state employees.

Please review: What to Expect as an Employee – Records Request

What to Expect as an Employee – Records Management

Wisconsin’s Public Records Law: Guidelines for Employees

A request may be made by any individual, with limited exceptions.

No, however for clarity and efficiency in processing sending a request via email is encouraged.

No special language or form is required, however the law does state that a request must reasonably describe the record requested. A request is generally not sufficient unless it is reasonably limited as to the subject matter and the period of time covered by the request.

The easiest and most efficient way to submit a records request is to make a request using the University Public Records Center.

You may also send your request via U.S. Mail to:

Public Records Custodian
Office of Compliance
361 Bascom Hall
500 Lincoln Dr.
Madison, WI 53706

A request for records must be responded to “as soon as practicable and without delay,” but Wisconsin law does not impose a specific deadline for responding to a public records request, and Wisconsin courts have determined that “what constitutes a reasonable time for a response to any specific request depends on the nature of the request, the staff and other resources available to process the request, the extent of the request and other related circumstances.”

An authority may charge a requester only for the specific tasks identified by the legislature in the fee provisions of Wis. Stat. § 19.35(3).

• Copy and transcription fees may be charged. Copy fees are limited to the “actual, necessary and direct cost” of reproduction. UW-Madison’s standard reproduction fees are 25 cents per hard copy page, and 15 cents per page for scanned records.
• Costs of a computer run may be imposed on a requester as a copying fee. An authority may also charge a requester for any computer programming expenses required to respond to a request.
• Photography and photographic reproduction fees may be charged if the authority provides a photograph of a record, the form of which does not permit copying, but are limited to the “actual, necessary and direct” costs.
• Location costs. Costs associated with locating records may be charged if they total $50.00 or more. “Locating” a record means to find it by searching, examining, or experimenting. Subsequent review and redaction of the record are separate processes, not included in location of the record, for which a requester may not be charged.
• Mailing and shipping fees may be charged, but are limited to the “actual, necessary and direct cost” of mailing or shipping.
• An authority may require prepayment of any fees if the total amount exceeds $5.00. The authority may refuse to make copies or process the request until payment is received.

The Public Records Law only applies to government records. A records custodian is not required by the Public Records Law to answer questions on a topic of interest to a requester or to create a new record in response to a request.

In its most general terms the Wisconsin Public Records Law (Wis. Stat. §§ 19.31-19.39) provides that a requester may inspect and/or receive a copy of any record that is not specifically excepted by some provision of state or federal law.

Wisconsin favors broad access to records and the law states: All persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them. Providing such information is an essential function of a representative government and an integral part of the routine duties of state employees.

The Wisconsin Public Records Law authorizes requesters to inspect or obtain copies of “records” maintained by government “authorities.” The University of Wisconsin-Madison is an authority that must adhere to the public records law. The law states that records held by the University are presumed to be open to inspection and copying, but there are some exceptions.
Wisconsin Stat. § 19.36(2) lists records specifically exempt from disclosure pursuant to the public records statute itself. Other state and federal statutes and court decisions also require that certain types of records remain confidential, such as:
• The home address, home email address, home telephone number, or social security number of an employee.
• Student records and personally identifiable information contained in student records.
• Patient health care records pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
• Information used for staff management planning, including performance evaluations, judgments, or recommendations concerning future salary adjustments or other wage treatments, management bonus plans, promotions, job assignments, letters of reference, or other comments or ratings relating to employees.

Requirements of the public records law apply to records that exist at the time a public records request is made. The public records law does not require authorities to provide requested information if no responsive record exists, and generally does not require authorities to create new records in order to fulfill public records requests. The Public Records Law only applies to government records. A records custodian is not required by the Public Records Law to answer questions on a topic of interest to a requester.

The public records statutes do not address the general duty to retain records, however UW-Madison records retention schedules and disposition can be found here: UW- Madison Records Retention and Disposition

The Freedom of Information Act is a federal statute that applies only to federal records. The Wisconsin Public Records Law applies to records created by or in the custody of a state or local agency, board or other government entity.

The Wisconsin Public Records Law may be accessed by clicking on this link:  https://docs.legis.wisconsin.gov/statutes/statutes/19/II/31