By: Attorney Gary I. Finklea

The State of South Carolina and all governmental entities or public bodies must comply with the South Carolina Freedom of Information Act. This Act mandates that the public business be open and public so that we all can be advised of the activities of the governmental entity. The Governor’s Office has published a Guide to Compliance with the Freedom of Information Act which is primarily used by the various public bodies in reviewing a Freedom of Information Act request, often referred to as a FOIA request. I would like to share this publication with you as I find it is very edifying and answers many questions that our clients have had concerning the Act.

Our office uses this Act many times in investigating cases. Some of the ways that we use the Freedom of Information Act consist of obtaining:

• Information relating to car accidents such as investigating officer reports, videos, statements, and officer notes
• Information from the Department of Transportation when assessing whether the Department has properly maintained the road
• Insurance information on at-fault party drivers
• Records concerning construction permits and inspections
• Traffic safety studies
• Information concerning bidding and procurement

This Act is invaluable not only to ensure our government leaders are accountable, but it is a very utilitarian tool in the investigation and prosecution of the claims in which we handle. The following link will allow you to discover more information regarding the Freedom of Information Act: Public Official's Guide to Compliance with South Carolina's Freedom of Information Act (scpress.org)