The Freedom of Information Act (FOIA) gives the public access to certain information held by federal government agencies, but not all information needs to be disclosed. Anyone can petition for information, but there are specific rules for how requests must be handled. FOIA applies to federal agencies, but not state or local governments. The law has nine exemptions for withholding information, such as matters of national defense or personal information that affects an individual’s privacy.
The Freedom of Information Act (FOIA) is a United States law designed to give the public the right to access certain information held by federal government agencies. It was enacted in 1966 and is codified in 5 USC § 552, and has been continuously updated and modified to account for things like digital data archives and electronic information systems. The law establishes a number of parameters and requirements that specify who can make a request, how such a request must be formulated and how it must be resolved. In general, anyone can petition for information under the law, although in most cases it only applies to federal agencies. State and local governments may have similar reporting and disclosure requirements, but are not normally covered by this law. It is important to note that not all information needs to be disclosed under all circumstances. Transparency is one of the law’s biggest goals, but there are still some documents and databases that simply cannot be disclosed to the public, at least not without some pretty serious restrictions.
Request basic information Request
The law allows individuals access to certain information that was previously tightly controlled by government agencies, but still gives those agencies great power to structure how they will handle and respond to requests. Each federal agency typically has its own disclosure office, which governs how FOIA requests are processed for that agency. Not all agencies handle freedom of information requests in the same way, but the law does have some specific rules when it comes to issues such as the timeliness of responses to requests, the nature of material that may be disclosed, and the proper procedure for retention of material.
Each agency also usually has to publish a guide that lets the public know how to make a request for its records. This includes the creation of a manual, indexes, reference guide and a description of information location systems. It is often best accessed through the agency’s website, but it is usually also required to be printed.
Application parameters
The Freedom of Information Act is generally believed to apply broadly to federal regulatory agencies, executive branch agencies, and most federal offices and departments, as well as federal corporations. However, it does not apply in federal courts, nor is it covered by Congress; some sections of the Executive Office which have the specific function of assisting and advising the President are also normally exempt.
Most documents and data are included, but usually not all. The act covers all “agency records,” which in most cases includes emails, printed documents, electronic documents, maps, videos, and photographs that have been obtained or created by an agency. In most cases, this material must be under the control and possession of a specific agency in order to be eligible for FOIA request and disclosure.
Who can archive?
Under the law, “any person” is eligible and authorized to make a claim. This includes US citizens, foreign nationals, universities, associations and organizations. The Watergate scandal of the early 1970s prompted some of the first amendments to the FOIA, which took effect in 1974; inter alia, these broadened the definitions of who can request information and required stricter compliance for agencies.
Important exceptions
While the act is designed to promote transparency, it is not intended to be a completely open door to information. There may be times when parts of a requested document contain information that could be potentially harmful to the agency or violate an individual’s privacy. In cases like this, the agency usually has the option to withhold that material based on one or more of the nine different exemptions under the Freedom of Information Act.
Exemptions do not usually act as outright prohibitions, and any portions of non-exempt material must usually still be released under the statutory requirement that any “reasonable separable portions” of the document must be disclosed once the exempt portions have been drafted. Part of this is to prevent an agency from withholding an entire document for just one name, phrase or photo.
The nine FOIA exemptions are as follows:
Exemption (b)(1) Classified matters of national defense or foreign policy
Exemption (b)(2) Internal staff rules and practices
Exemption (b)(3) Information specifically exempted by other statutes
Exemption (b)(4) Trade secrets, commercial or financial information
Exemption (b) (5) Inter-agency or intra-agency privileged memorandum or letter
Exemption (b) (6) Personal information that affects an individual’s privacy
Exemption (b) (7) Investigative records compiled for law enforcement purposes
Exemption (b)(8) Registers of financial institutions
Exemption (b) (9) Geographical and geophysical information relating to wells
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