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Wisconsin open records guide

Wisconsin records exemptions explained

Wisconsin's Public Records Law starts from a presumption of access (§ 19.31): records are open unless a specific exemption or an overriding public-interest reason justifies withholding. Here are the categories you'll see most.

The presumption of access and the balancing test

Most withholdings aren't automatic. Outside of records that statutes specifically close, a custodian must apply a “balancing test” — weighing the public interest in disclosure against the public interest in keeping the record confidential. The presumption favors release.

That means a generic “it's confidential” isn't enough; the authority has to articulate a specific harm that outweighs disclosure.

Common statutory exemptions

Frequent categories under § 19.36 and related law include personnel records of certain investigations, some law-enforcement records (especially ongoing investigations), records whose disclosure is barred by other state or federal law, and certain personally-identifying information.

Even where an exemption applies to part of a record, the authority must release the segregable non-exempt portions.

When in doubt, push back

Exemptions are construed narrowly. If a denial cites an exemption that doesn't obviously fit, ask the authority to explain how it applies to your specific records — and consider the challenge options.

This guide is general information about Wisconsin’s Public Records Law, not legal advice. For an authority’s current contact details and the official guidance, see the Wisconsin DOJ Office of Open Government.