The Freedom of Information Act
A popular Government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy or perhaps both. Knowledge will forever govern ignorance, and a people who mean to be their own Governors, must arm themselves with the power knowledge gives.--James Madison
The Freedom of Information Act (FOIA) gives Americans the right to request and obtain documents and information from any agency of the Executive Branch of the U.S. government. The right to access to Federal records is enforceable by law. The information is usually provided for free or for a nominal fee.
Agencies such as the Equal Employment Opportunity Commission are subjected to FOIA requests for information.
The FOIC has certain exemptions, such as classified documents, trade secrets, and documents that are related solely to the internal personnel rules and practices of an agency.
You may have to be nuanced when making a FOIA request. Looking at the exemption against releasing information that is solely related to internal personnel rules, it would be important to request information in a manner that shows the need for the public to be aware of certain practices because there is likely an impact on the public based on those internal policies. This doesn't guarantee a request such as this would be actionable, but you should present the best argument for your needs.
Even with its exclusions, the passage of the FOIA shifted the burden of proof from the individual to the government. Those seeking information are no longer required to show a need for information. Instead, the ``need to know'' standard has been replaced by a ``right to know'' doctrine. The government now has to justify the need for secrecy. Above all, the statute requires Federal agencies to provide the fullest possible disclosure of information to the public.
FOIA applies only to federal agencies, but, all of the states (and the District of Columbia and some territories) have enacted similar statutes to require disclosures by agencies of the state and of local governments.
FOIA requests are expected to be completed in 20 days.
Below is part of the signing statement recorded by then President Bill Clinton, when signing the Electronic Freedom of Information Act amendments on October 2, 1996:
In this Act, the Congress recognized that with today's limited resources, it is frequently difficult to respond to a FOIA request within the 10 days formerly required in the law. This legislation extends the legal response period to 20 days.
More importantly, it recognizes that many FOIA requests are so broad and complex that they cannot possibly be completed even within this longer period, and the time spent processing them only delays other requests. Accordingly, H.R. 3802 establishes procedures for an agency to discuss with requesters ways of tailoring large requests to improve responsiveness. This approach explicitly recognizes that FOIA works best when agencies and requesters work together. (end of excerpt from signing statement)
The Privacy Act is a companion to FOIA. As a result, the access provisions of the FOIA and the Privacy Act overlap in part. The two laws have different procedures and different exemptions. As a result, sometimes information exempt under one law will be disclosable under the other.
In order to take maximum advantage of the laws, an individual seeking information about himself or herself should ordinarily cite both laws. Requests by an individual for information that does not relate solely to himself or herself should be made only under the FOIA.
If you would like to file a FOIA request for a specific agency, you can visit that agency’s web site and look for the FOIA and/or privacy page for more information on making requests, including what types of information can be requested and other guidelines.
For a look at the full text of the FOIA, visit this link: http://www.law.cornell.edu/uscode/5/552.html
Other general sources of information about how to make a FOIA request include:
"Your Right to Federal Records," available for one dollar per copy from the Consumer Information Center, P.O. Box 100, Pueblo, CO 81002. This publication also can be accessed at http://www.pueblo.gsa.gov/cic_text/fed_prog/foia/foia.htm
"A Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records." This report is published by the Committee on Government Reform and Oversight of the House of Representatives. It is available for sale from the U.S. Government Printing Office, stock number 052-071-012-30-3, and can be accessed at http://www.fas.org/sgp/foia/citizen.html.
Sources: http://www.fas.org/sgp/foia/citizen.html, http://www.law.cornell.edu/uscode/5/552.html, http://www.eeoc.gov/foia/hb-1.html, and http://en.wikipedia.org/wiki/Freedom_of_information_act
The Freedom of Information Act (FOIA) gives Americans the right to request and obtain documents and information from any agency of the Executive Branch of the U.S. government. The right to access to Federal records is enforceable by law. The information is usually provided for free or for a nominal fee.
Agencies such as the Equal Employment Opportunity Commission are subjected to FOIA requests for information.
The FOIC has certain exemptions, such as classified documents, trade secrets, and documents that are related solely to the internal personnel rules and practices of an agency.
You may have to be nuanced when making a FOIA request. Looking at the exemption against releasing information that is solely related to internal personnel rules, it would be important to request information in a manner that shows the need for the public to be aware of certain practices because there is likely an impact on the public based on those internal policies. This doesn't guarantee a request such as this would be actionable, but you should present the best argument for your needs.
Even with its exclusions, the passage of the FOIA shifted the burden of proof from the individual to the government. Those seeking information are no longer required to show a need for information. Instead, the ``need to know'' standard has been replaced by a ``right to know'' doctrine. The government now has to justify the need for secrecy. Above all, the statute requires Federal agencies to provide the fullest possible disclosure of information to the public.
FOIA applies only to federal agencies, but, all of the states (and the District of Columbia and some territories) have enacted similar statutes to require disclosures by agencies of the state and of local governments.
FOIA requests are expected to be completed in 20 days.
Below is part of the signing statement recorded by then President Bill Clinton, when signing the Electronic Freedom of Information Act amendments on October 2, 1996:
In this Act, the Congress recognized that with today's limited resources, it is frequently difficult to respond to a FOIA request within the 10 days formerly required in the law. This legislation extends the legal response period to 20 days.
More importantly, it recognizes that many FOIA requests are so broad and complex that they cannot possibly be completed even within this longer period, and the time spent processing them only delays other requests. Accordingly, H.R. 3802 establishes procedures for an agency to discuss with requesters ways of tailoring large requests to improve responsiveness. This approach explicitly recognizes that FOIA works best when agencies and requesters work together. (end of excerpt from signing statement)
The Privacy Act is a companion to FOIA. As a result, the access provisions of the FOIA and the Privacy Act overlap in part. The two laws have different procedures and different exemptions. As a result, sometimes information exempt under one law will be disclosable under the other.
In order to take maximum advantage of the laws, an individual seeking information about himself or herself should ordinarily cite both laws. Requests by an individual for information that does not relate solely to himself or herself should be made only under the FOIA.
If you would like to file a FOIA request for a specific agency, you can visit that agency’s web site and look for the FOIA and/or privacy page for more information on making requests, including what types of information can be requested and other guidelines.
For a look at the full text of the FOIA, visit this link: http://www.law.cornell.edu/uscode/5/552.html
Other general sources of information about how to make a FOIA request include:
"Your Right to Federal Records," available for one dollar per copy from the Consumer Information Center, P.O. Box 100, Pueblo, CO 81002. This publication also can be accessed at http://www.pueblo.gsa.gov/cic_text/fed_prog/foia/foia.htm
"A Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records." This report is published by the Committee on Government Reform and Oversight of the House of Representatives. It is available for sale from the U.S. Government Printing Office, stock number 052-071-012-30-3, and can be accessed at http://www.fas.org/sgp/foia/citizen.html.
Sources: http://www.fas.org/sgp/foia/citizen.html, http://www.law.cornell.edu/uscode/5/552.html, http://www.eeoc.gov/foia/hb-1.html, and http://en.wikipedia.org/wiki/Freedom_of_information_act
Labels: Federal law
posted by S. Mary Wills at 9:06 AM
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