10 - Freedom of Information Act

 

Freedom of Information Act Requests

    "The basic function of the Freedom of Information Act is to ensure informed citizens, vital to the functioning of a democratic society." This act requires the full or partial disclosure of previously unreleased information and documents by the United States government upon request. This act makes agencies functions more transparent and allows for the public to have a look into the governmental functions. The Freedom of Information Act website is set up to help people determine if filing a FOIA request is the best option and helps with the creation of requests. 

    The website states that the steps in filing a request starts with doing research before a request.

    “Before making a request, first see if the information is already publicly available. You can find a lot of useful information on individual agency websites and you can also search across the government for information. If the information you want is not publicly available, you can submit a FOIA request.”

    The next step in the process is to identify the right agency.

    “It’s important that you identify the correct agency for your request. There are over 100 agencies and each is responsible for handling its own FOIA requests. You can find a breakdown of agenciesby topic on USA.gov to help you identify the correct agency.”

    Lastly agencies will conduct a search for the records and determine which information is allowed to be disclosed to the public. Though much information can be released, but there are nine specific exemptions. These exemptions includes information that:

1.    Protects information that is properly classified under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy.
2.    Protects information related solely to the internal personnel rules and practices of an agency.
3.    Protects information specifically exempted from disclosure by another statute, if that statute either: (1) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or (2) establishes particular criteria for withholding or refers to particular types of matters to be withheld. An Exemption 3 statute must also cite specifically to subsection (b)(3) of the FOIA if enacted after October 28, 2009.
4.    Protects trade secrets and commercial or financial information that is obtained from outside the government and that is privileged or confidential.
5.    Protects certain records exchanged within or between agencies that are normally privileged in the civil discovery context, such as records protected by the deliberative process privilege (provided the records are less than 25 years old), attorney work-product privilege, or attorney client privilege.
6.    Protects information about individuals in personnel and medical files and similar files when the disclosure of that information would constitute a clearly unwarranted invasion of personal privacy.
7.    Protects records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information
8.    Protects information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of, an agency responsible for the regulation or supervision of financial institutions.
9.    Protects geological and geophysical information and data, including maps, concerning wells.

    FOIA requests, at minimum, should include your contact information, a description of the records requested, an offer to pay reasonable charges for actual search time and for photocopies, a statement setting an upper limit on the amount of money you are willing to pay for the agency’s response, and a request for response within 20 working days.