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If a records custodian thinks someone is asking for a record just to stir up trouble, can he or she ask why the requester wants the records?

April 26, 2017asking custodian record records requester stir thinks wants

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If a records custodian thinks someone is asking for a record just to stir up trouble, can he or she ask why the requester wants the records?

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No. There was a provision in FOIA in the early ’70s that required the requester to identify why he or she wanted the information. That provision was deleted and a 1988 Virginia Supreme Court case made clear that a person’s motivation in making a request is irrelevant.