Government info: You bought it, you should be able to see it

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In this era of ever- increasing government secrecy, it's nice to be able to celebrate a victory for the public's right to know.

So lift your glass -- or your coffee mug -- and join me in toasting the California First Amendment Coalition's successful court fight on your behalf.

The victory came 10 days ago when a California appeals court affirmed the public's right of access to a government mapping database.

CFAC, a nonprofit coalition of newspapers and other organizations and individuals dedicated to free speech and openness in government, had sued Santa Clara County in 2006 to gain access to its geographic information system base map. Using computer mapping and database technology, GIS can map real estate parcel boundaries, appraisals, jurisdictional lines, streets, buildings, aerial views and all sorts of other data.

The lawsuit was filed after Santa Clara rejected CFAC's multiple Public Records Act requests for a copy of the base map. At the time, the county was selling copies of the parcel map -- for as much as $250,000 for the full countywide map. CFAC believed that something created with public funds in effect belonged to the public and thus should be made available to the public at little or no cost.

Once CFAC filed the lawsuit, the case took some unusual twists and turns.

Santa Clara County argued that its federal copyright on the base map gave it the ability to restrict the release or use of the materials. Not so, the court ruled.

Even more interesting, the county persuaded the U.S. Department of Homeland Security to designate the base map as "protected critical infrastructure information" -- a declaration, it argued, that would supercede state laws, including California's Public Records Act.

And the county attempted to justify withholding the data by arguing that the information could be of value to terrorists.

In its ruling on Feb. 5, the 6th District Court of Appeal rejected those arguments.

The "critical infrastructure information" was dismissed because, according to the court, the regulations cited apply only to information provided by the federal government to lower jurisdictions, not vice versa as in this case. In dismissing the county's antiterrorism argument, the court noted those concerns hadn't prevented the county from selling the base maps to paying customers.

Peter Scheer, executive director of CFAC, called the decision "a stunning victory for freedom of information advocates." He explained the potentially far-reaching implications of the ruling:

"As governments at all levels increasingly maintain records in digital form, legal issues concerning proprietary rights in, and control over, government databases are front and center in freedom of information disputes. Moreover, the Court of Appeal's reasoning on the county's Homeland Security and copyright claims is not necessarily limited to the Santa Clara County parcel base map. It could also apply to virtually any government-created databases, at the local level and statewide, in California and in other states."

At a time when the public -- not just newspapers such as The Bee -- increasingly runs into roadblocks while seeking access to government documents and information, this decision is good news, indeed.

Whether liberal or conservative or somewhere in between, every citizen should cheer any action -- by a public official, a government body, or, as in this case, a court of law -- that affirms the public's right to know and to participate in the affairs of government.

And, whether liberal or conservative or somewhere in between, every citizen should become familiar with his or her rights and responsibilities. A good place to start is CFAC's Web site, www.cfac.org. There you'll find more about this case, including the 41-page court document, as well as information about pending legislation and other current issues, text of the state's open meeting, access and public records laws, and a host of other resources.

Vasché blogs at http://thehive.modbee.com/editorsdesk. He can be reached at 578-2356 or mvasche@modbee.com.