The requests, which are essentially anonymous, have pinged Somerset County’s Right-to-Know inbox by the dozens each day over the past several weeks, county officials said.
They are being sent under the name “Frank Curry” at an address related to FOIA Buddy, an AI web-based business that files open records requests on behalf of paying customers.
FOIA Buddy’s name reflects the acronym for the Freedom of Information Act, a federal law that provides access to federal documents of a public nature.
States have their own laws for accessing state and local governmental agency records. Pennsylvania’s Right-to-Know statute provides access to information from local governmental agencies including counties, municipalities and school districts.
Somerset County Solicitor Jaclyn M. Shaw said that even though the FOIA Buddy requests are sent without the name and address of the actual requester, the fact that they include the name Frank Curry at a physical address had required the county to treat them like any request filed firsthand by an individual.
However, she said, that has changed with recent guidance from the Pennsylvania Office of Open Records, which oversees and decides Right-to-Know appeals and performs trainings on the Right-to-Know Law.
The Office of Open Records has issued an alert on its website, saying it “has been contacted by numerous agencies who have received Right-to-Know Law requests from requesters using FOIA Buddy.”
“The Office of Open Records recommends that agencies review their internal policies regarding the acceptance of anonymous Right-To-Know Law requests,” the office said. “If an agency has decided to not accept anonymous requests, that policy should be prominently posted on an agency webpage.”
The Somerset County commissioners unanimously adopted a resolution Tuesday stating that “anonymous requests will not be considered.”
Shaw said the fact that the anonymous requests are being made through AI is concerning, but there is no evidence that the requesters are seeking information for nefarious purposes.
Somerset County Chief Clerk Scott DeArmitt, who handles Right-to-Know requests for the county, said the requests have flooded his inbox.
He said they appear to be gathering information that can be used to make profit for a company. They ask, for example, “where the county hires services from,” he said. “They are trying to see whether they can get business from it.”
Shaw, who is the solicitor for multiple agencies across several counties, said requests made to other agencies sought information about IT services.
The state Office of Open Records has confirmed that FOIA Buddy is “operated by people who have a stated goal of efficiently promoting government transparency and accountability in a cost-effective manner for all involved,” the office said on its website. “There is no indication that FOIA Buddy is part of any phishing, scraping, or scamming activities.”
Many counties have adopted resolutions similar to Somerset County’s newly adopted resolution, DeArmitt said.
According to the Office of Open Records, FOIA Buddy has appealed in instances where its requests have been denied.
“To the extent FOIA Buddy disagrees with an agency’s response with regard to a request filed under the Right-To-Know Law, it can file an appeal with the Office of Open Records,” the office said. “Appeals involving FOIA Buddy have already been filed and docketed with the Office of Open Records.”
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