Federal Public Records Act

You pay for government, why should it be allowed to keep secrets from you?

The U.S. federal public records law is known as the Freedom of Information Act. The act guarantees, with several exceptions, the public's right to access information held by the government for which the public pays. It is often known by its acronym, FOIA. According to the National Security Archives, "the burden is on the government--not the public--to substantiate why information may not be released. Upon written request, agencies of the United States government are required to disclose those records, unless they can be lawfully withheld from disclosure under one of nine specific exemptions in the FOIA. This right of access is ultimately enforceable in federal court."

History

Amendments made in 1996 guarantee rights to electronic information.

According to the National Security Archive, FOIA was enacted in 1966 over the objections of President Lyndon Johnson. Following the 1970s and the Watergate scandal, Congress enacted several amendments. The law was amended in 1996 to guarantee access to electronic information. The law was amended again in 2002 to limit the ability of foreign agents to request information from U.S. intelligence agencies. The amendments were made in the wake of terrorist attacks on the World Trade Centers in New York City.

Process

A written letter triggers the act.

FOIA requests must be made in writing, but they can be sent via fax, email or mail. An acknowledgment is made in one to four weeks. The government agency may ask for "clarification," and the process may include negotiation over fees that can be charged. Following the request, the agency will release the documents in whole, in part, withhold the documents or claim no documents were found. This may take one month or 10 years. If information was withheld, you may appeal. The agency may accept your appeal or deny the release of further information. If you believe that all records were released, or withheld improperly, you may sue to compel the agency to release the information.

Exemptions

National security information is an exemption to FOIA.

Under FOIA, the government may withhold information in the interest of national security. It may withhold information dealing solely with personnel, deemed a trade secret, that would not typically be disclosed during litigation or affecting personal privacy. Further exemptions include provisions that preclude release of records of an ongoing investigation, information that could interfere with an enforcement process, information that would deprive a person of a right to a fair trial, law enforcement techniques, confidential sources, internal records of financial institutions, geophysical information containing wells and information that protects a wide-range of individuals. Other laws also prevent disclosure of information in specific circumstances.

Letter Generators

Online letter generators are available.

Several organizations, including The Reporters Committee for Freedom of the Press, offer templates to help people craft a Freedom of Information Act request. These groups, which generally favor open and transparent government, also may offer advice on crafting requests to expedite the release of information. Several government agencies also offer letter generators through their websites.

State Law

Each of the 50 states has its version.

FOIA guarantees access only to information held by the federal government. Most states have versions of the law. Some, such as Texas and Florida, offer citizens a broad array of information. Others, including Pennsylvania and New Jersey, have laws that often frustrate attempts to gain information from government. The Reporters Committee for Freedom of the Press also offers letter generators and guides to state versions of FOIA.

References

• The National Security Archive: The Freedom of Information Act (FOIA)
• The National Security Archive: FOIA Legislative History
• The National Security Archives: FOIA Flow Chart
• National Oceanic and Atmospheric Administration: FOIA Exemptions
• The Reporters Committee for Freedom of the Press: FOIA Letter Generator.