Tag Archive: Freedom of Information Act (FOIA)

Don’t Let Farm Bill Limit Access to Information

by Matt Rumsey Nov 8, 2013 8:40 am

On Wednesday the Sunlight Foundation joined with more than 40 other organizations to urge members of the conference committee on the Farm Bill to maintain public access to vital information about agricultural and livestock operations. Language included in the House passed version of the Farm Bill, which is serving as the basis for conference negotiations, would undermine the Freedom of Information Act (FOIA) and prevent the public from accessing information that might have a direct effect on their quality of life. Similar language was previously removed from the Senate version of the bill. The language, which is very broad and very vague, requires the government to withhold basic information about the location of livestock and agricultural operations. The language was intended to protect the privacy of small family farms, but it is so broad that it can be applied to large corporate operations. Furthermore, there are already strong exemptions in the FOIA for personal, private information that provide small farmers with protection. You can view the full text of the letter here, or by clicking below.

Evaluating the National Action Plan 2.0 Freedom of Information Act Proposals

by Ginger McCall Oct 31, 2013 12:57 pm

During this week’s Open Government Partnership meeting in London, the Obama Administration announced the broad strokes of its National Action Plan 2.0 Freedom of Information Act reforms.

The Administration’s announced plan has several goals: the implementation of an online FOIA portal, drafting of a unified set of FOIA regulations, creation of an interagency working group and an advisory committee to improve FOIA processing, and improved FOIA trainings for agency employees.

While these plans do give the transparency community reason to be cautiously optimistic, it is important to note that there is no mention of proactive disclosure anywhere in the plan. Proactive disclosure is integral to any effective transparency plan. It meaningfully increases public access while easing the burden on FOIA processing by eliminating duplicative request processing.

As for the efficacy of the goals included in the NAP 2.0 plan, the new FOIA proposals could be very positive or could make things even more difficult for requesters - the devil really is in the details.

How to Actually Improve Public Access to Government Documents (Under the FOIA)

by Ginger McCall Oct 1, 2013 1:05 pm

When can a Freedom of Information Act (FOIA) request be worth millions of dollars? When it is made by an investment company hoping to gain information about potential stock purchases (and sales). A recent Wall Street Journal article details the use of FOIA requests by investment firms. These firms make document requests to ascertain potential corporate liabilities and successes, requesting, for example, documents detailing Food and Drug Administration inspections and customer complaints about consumer products and pharmaceuticals. To be clear, what the Wall Street Journal describes appears to be perfectly legal - just another form of research conducted by companies that are doing their due diligence before making large scale investments.

But it has touched a nerve within the open government community. Open government advocates argue that the investment firms are taking advantage of the FOIA in order to gain insider information that only benefits the firm and is never shared the public at large. It raises complex questions when a public interest law is used to create private gain, even though the FOIA originally accounted for commercial requesters.

Seeing potential gains in efficiency, accountability, and fairness, FOIA reformers see stories like this one as opportunities to propose new FOIA procedures to promote public access.

Transparency Takes a Hit in CIA Budget Cuts

by Ginger McCall Aug 27, 2013 3:50 pm

As part of recent sequestration cuts, the Central Intelligence Agency (CIA) has closed its Historical Collections Division, which had been... View Article

The White House, Congress, and Open Data Policy

by Daniel Schuman

policy

May 14, 2013 10:00 am

The White House's new Open Data Policy has received many accolades, but its ability to be sustained long term will depend on support from the legislative branch. Fortunately, Congress has been working on these issues for the last several years.

Calling Volunteers: Help Ensure Public Records Remain Public in Every State

by Amy Ngai Apr 30, 2013 2:45 pm

Yesterday’s Supreme Court decision to uphold states’ rights to limit public information request to in-state requests, will likely hamper access... View Article

Supreme Court FOI Decision Foolish and Shortsighted

by Daniel Schuman and Rebecca Williams

policy

Apr 30, 2013 2:43 pm

Yesterday, the U.S. Supreme Court upheld a Virginia law that generally prohibits non-Virginians from making use of its Freedom of Information law. As part of its decision in McBurney v. Young, the Court held that the Constitution's Article IV "Privileges and Immunities" clause does not extend to a non-Virginian's right to access public information on equal terms with Virginia citizens. The Constitution says that "the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States," and the clause was intended to prevent a state from treating citizens of another state in a discriminatory manner. This ruling allows states like Virginia, Delaware, New Hampshire, and Tennessee to continue to make the benefits of their freedom of information laws available only to their citizens. The Court squares this logical circle by concluding that the access to public information made available under state FOI laws are not "basic to the maintenance or well-being of the Union," and thus not a "fundamental" privilege or immunity the Constitution was intended to protect. It baldly states, without evidence, that "there is no contention that the Nation's unity founded in [the absence of FOIA laws prior to the 1960s], or that it is suffering now because of the citizens-only FOIA provisions that several States have enacted."