The Freedom of Information Act (FOIA) allows private citizens to request federal records and documents from government agencies. However, there are nine specific exemptions that can be used to protect sensitive information. One of the main complaints is that presidential powers can be used to obscure documents. Many countries have similar legislation, and states have also passed laws requiring full disclosure of statewide decisions made in the public interest. The Government in Sunshine Act prevents government agencies from meeting in secret if matters of public concern are to be decided.
The acronym FOIA stands for Freedom of Information Act, a federal law signed into effect by President Lyndon B. Johnson in 1966 and enacted in 1967. As the use of electronic documents and email became widespread, President Bill Clinton signed a amendment to the FOIA in 1996 which also dealt with electronic communications. The FOIA has been used by researchers, journalists and lawyers to compel government agencies to promptly release unclassified documents.
Before FOIA became law in the late 1960s, many government agencies such as the CIA, FBI, and Justice Department systematically refused many requests for information considered to be in the public interest. A defendant in a murder trial, for example, could not be guaranteed that the FBI would release sensitive documents about other possible suspects being investigated. Journalists seeking the most accurate figures on war casualties or political changes were often denied access to those documents and lacked the power to force their release.
Following the creation of the FOIA, any private citizen could request to receive federal records and documents from any government agency. The applicant does not need to provide a reason for the request, but the government agency does need to provide a reason if it does not issue the requested document. If a reasonable request is denied, special court proceedings may be initiated against the agency. A federal judge can legally compel government officials to release the required documents.
This is where the FOIA process often takes a turn for the worse. There are nine specific exemptions in the FOIA statutes. Some of these exemptions protect private individuals from releasing embarrassing information or protect confidential whistleblowers from public exposure. A document issued by a federal agency can be redacted, which means that sensitive information exempt from the FOIA can be flagged. Many journalists, researchers and lawyers have received documents with 80 or 90% of the text blackened with a pen.
Other exemptions may concern trade secrets or the names of prominent citizens under investigation. A reporter requesting a federal court document about the Coke company, for example, might receive a redacted transcript in which the secret formula of the Coke drink was revealed. An FBI file on Marilyn Monroe obtained under FOIA may have the names of its visitors blacked out.
One of the main complaints against the current wording of the FOIA concerns presidential powers. An exemption allows redaction or censorship of documents released under the FOIA if the information could affect matters of national security or national interests. The definitions of “national security” and “national interest” are notoriously vague, meaning that a president or other high-level government official can legally obscure a document to the point where it is useless for the applicant’s purposes. While there may be some legal relief against federal agencies that do not issue documents under the FOIA, there is little recourse against agencies and officials that issue heavily modified documents.
There are over 60 countries in the world with some form of freedom of information legislation. Individual states have also passed legislation requiring full disclosure of statewide decisions made in the public interest. Another piece of legislation that supplements the FOIA is often referred to as the Government in Sunshine Act. The various Sunshine Acts passed by states prevent government agencies from meeting in secret if matters of public concern are to be decided. Private executive sessions can still be held to discuss sensitive issues, but the public must be able to access any record of public meetings.
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