Public Information Laws

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    Freedom of Information Act

    • The primary (and most powerful) tool of a researcher or journalist in obtaining government documents is the Freedom of Information Act. FOIA, which was first enacted in 1966, has been amended several times through the years. It was strengthened in response to the Watergate scandal in 1974 and modified in response to the terrorist attacks of September 11, 2001.

      The most substantive changes however occurred in 1996 in response to the federal government's increased use of computer and internet technology. Under the Electronic Freedom of Information Act Amendments, federal agencies were forced to open their electronic files, including non-classified emails, to public inquiry.

      As such, FOIA allows the public to access internal reports, memos and other files--whether in paper or electronic form-- maintained by federal agencies.

      In order for a member of the public to gain access to documents through FOIA, they need to fill out and submit a FOIA request form (available though the agency from which documents are sought).

      Under federal law, an agency which has received a FOIA request must respond to the requester within 10 days. If the agency responds by stating that they will not honor the request, the requester may appeal the decision with another request. The agency will then have 20 days to respond to the appeal.

      If an agency withholds information which should be accessible through FOIA, the requester may then sue the agency under provisions of FOIA.

      If the plaintiff succeeds in extracting the documents wrongfully withheld from the agency, the agency must then recompense to the plaintiff all cost associated with the litigation.

      Additionally, under the provisions of the 1996 electronic freedom of information amendments, every federal agency must provide an electronic index on the Internet of all FOIA requests and the documents disclosed through such requests (if the request is of a nature where subsequent requests for the same information by other parties is likely).

    FOIA Exemptions

    • While the scope of information which may be obtained through FOIA is fairly broad, there are some exemptions. A somewhat obvious example is the exemption of any documents classified as being vital to national security. However, there are less obvious exemptions contained within the law. For example, any document that an agency feels contains a "trade secret" is exempted from FOIA disclosure. Such items which may be deemed as containing trade secrets in many cases pertain to contracts or communications between an agency and a private contractor. There are some exemptions on personal documentation as well. For example, if you file a FOIA request with the FBI requesting all and any documents it may have on file for your, the FBI will accommodate you (unless the documents pertain to an ongoing investigation or are deemed to be a matter of national security). But if you are seeking information on a third party (who is a private citizen), you will need to obtain that person's written permission-- unless she is dead, in which case the books are open.

    Copying Costs

    • Some critics of FOIA laws say federal agencies have found a loophole, or a way of discouraging the public from seeking information, though copying costs--which, depending on the number of documents sought, can amount to a substantial sum. However, when you file a FOIA request form, you can try to claim exemption from copying costs as long as the information sought is for educational or other publicly beneficial purposes, and not for profit.

      Even if the responding agency does not waive copying costs under these circumstances, you may request them in electronic form (on a data CD), which costs significantly less-- both in shipping and in reproduction-- than paper files.

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