The use of public records acts to interfere with tobacco control

Objective -To examine the content of public records requests to the tobacco control section (TCS) of the California Department of Health Services (CDHS) and other health agencies to determine if the tobacco industry is using the law to interfere with tobacco control. Methods -Data were collected through review of TCS files, newspapers, Californians for Smokers' Rights publi cations, and interviews with key infor mants. Requests sent to the CDHS AIDS and Drug and Alcohol Program, the Department of Education HIV Preven tion Program, and the Air Resources Board (ARB) were used as controls. Results Between 1991 and 1993, TCS received 59 requests for 371 documents, averaging 15.5 documents per month. Control health programmes did not re ceive any document requests during this period. ARB received their usual requests for approximately 100 narrowly specified documents a year. Conclusions Tobacco control pro grammes received a high volume of public records requests compared to other health programmes. The infor mation obtained was used for public relations efforts to discredit tobacco con trol programmes. Public health pro fessionals must be aware of this tobacco industry tactic to undermine public health. Departmental policies addressing response to public records requests must consider ways to respond to large requests without disruption of the work of public health professionals. {Tobacco Control 1995; 4: 222-230)