Public Record Requests from Frequent Flyers

Legal Brief

It is 6 a.m. when your cell phone beeps. You have received a public records request from a company gathering financial information to sell to prospective public-sector vendors. It is 7 a.m. Your phone beeps. The same company is now requesting slightly different data. It is 8 a.m., and the pattern continues.

The same information requests from the same company are received by schools nationwide. With the advent of generative AI, it is easier than ever for companies to send thousands of public records requests with the push of a button.

Public records laws vary across the nation. In Wisconsin, there is a presumption that records are disclosable unless certain narrow exceptions apply. Failure to respond to a request can result in a lawsuit demanding the release of the records, and the school district can be ordered to pay the requester’s attorneys’ fees. This makes ignoring requests risky, even if they are AI-generated and repetitive or for a commercial purpose.