Wisconsin
Wisconsin Public Records Law
Wis. Stat. §§ 19.31-19.39
Transparency Score: 67/100
Response Timeline
No fixed statutory deadline. Agencies must respond 'as soon as practicable and without delay' (Wis. Stat. § 19.35(4)(a)). AG guidance: 10 working days is generally reasonable for simple requests for limited, easily identifiable records. Complex requests may take longer. Unreasonable delay treated as denial for appeal purposes.
No residency requirement. Law applies to 'any requester.'
How to Submit a Request
Accepted Methods
No specific form required. Requester need not state purpose or identity for most requests, though agencies may ask for identity to assess potential harm from disclosure. Cannot require purpose as condition of access.
Required Elements
- Reasonably describe records sought
Optional Elements
- Identity (not required for most requests)
- Preferred format
Fees
| Fee Type | Amount | Notes |
|---|---|---|
| Search (hourly) | USD50.00 |
Fees strictly limited to actual, necessary, and direct costs. Cannot charge for redaction. Search fees only kick in over $50 threshold. Prepayment required only above $5. Courts have interpreted fee limits strictly against agencies.
Fee Waivers
- Discretionary waiver where reduction is 'in the public interest' (Wis. Stat. § 19.35(3)(e))
Public interest waiver available at agency discretion.
Exemptions
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Trade secrets per Uniform Trade Secrets Act definitions (Wis. Stat. § 19.36(5))
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Law enforcement informant identity unless public interest outweighs harm (Wis. Stat. § 19.36(8))
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Employee home address, SSN, ongoing disciplinary investigations, performance evaluations (Wis. Stat. § 19.36(10))
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Computer program source code; input/output materials not exempt (Wis. Stat. § 19.36(4))
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Job applicants requesting confidentiality, excluding finalists (Wis. Stat. § 19.36(7))
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Records specifically exempted by state or federal law (Wis. Stat. § 19.36(1))
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Grand jury documents (common law)
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Court-sealed evidence (common law)
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Records obtained under confidentiality pledges (common law)
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Records where harm from disclosure outweighs public interest (case law balancing test)
Wisconsin uses both statutory exemptions and a common law balancing test weighing public interest in disclosure against harm. Burden on authority to justify withholding. Courts apply presumption of openness. The balancing test is a significant factor in many disputes.
Appeal Process
1
File suit in circuit court. No administrative appeal required. Court must give 'priority' to records pleadings (Wis. Stat. § 19.35(4)(a)). De novo review available for certain personnel/disciplinary records (Wis. Stat. § 19.356).
2
May seek writ of mandamus to compel production. Available as alternative or additional remedy.
No formal administrative appeal - go directly to circuit court. Court must prioritize records cases. Authority bears burden of justifying withholding. Both injunctive relief and mandamus available.
Request Templates
NFOIC Wisconsin Sample Request →
National Freedom of Information Coalition
Wisconsin FOI Council Resources →
Wisconsin Freedom of Information Council
RCFP Open Government Guide - Wisconsin →
Reporters Committee for Freedom of the Press
MuckRock Wisconsin Guide →
MuckRock
Records Retention
Wis. Stat. 16.61; 19.21
State agencies may not dispose of records without a current PRB-approved retention schedule. Approved schedules are effective for 10 years and must be resubmitted. Schedules must be submitted within one year of record creation. Local governments must retain records for a minimum of 7 years under Wis. Stat. 19.21 unless the PRB determines otherwise.