Does it matter why I want a record? Can the government demand that I justify the reasons why I want a record?

Generally no.  The government cannot base its decision to restrict access to a record based on a requester’s intent when seeking the record.  The general rule is that if it’s public for one, it’s public for all.  This is certainly true for records that are unquestionably open to public review.  Whether you seek government information for commercial gain, to inform the public about local government activity or simply because you are curious, your personal motivations generally have no bearing on whether you have a right to access a record. 

You can look at the law in %%%STATE%%% regarding how the purpose of a request affects access in our State Open Government Guide.

However, there are situations where a requester may be required to “justify” his or her request because the law states that a record is public only under certain conditions.  For example, under Exemption 6 to the federal Freedom of Information Act the government can withhold records whose disclosure “would constitute a clearly unwarranted invasion of personal privacy.”  Under this standard, courts apply a “balancing test” to determine if the potential invasion of personal privacy is outweighed by the public interest in disclosure.  A requester will be required in this case to sufficiently demonstrate why disclosure would be in the public interest.      

Similar issues arise at the state level when considering potential privacy rights.  Some states may also take a “balancing approach” to other exemptions found in their laws, for example with regard to state “deliberative process” exemptions.  Also, some state laws require a specific showing of good cause for access in order to overcome a presumed confidentiality.  For example, in the wake of race car driver Dale Earnhardt’s 2001 death at the Daytona 500, Florida passed a law restricting access to certain autopsy records that included a “good cause” exception.  

Similar justifications may be required if you are asking for a fee waiver or expedited processing of your request as not all requests qualify for such benefits.