Freedom of Information Act (FOIA)

Freedom of Information Act FOIA Federal Law Public Records Government Transparency National Security Public Disclosure Information Access
The Freedom of Information Act (FOIA) is a federal law that mandates the disclosure of documents and materials generated or held by federal agencies to the public, subject to specified exemptions including issues related to national security.
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Definition

The Freedom of Information Act (FOIA) is a United States federal law that was enacted in 1966 to ensure that the American public has access to federal agency records. FOIA is based on the principle of transparency in government. Under FOIA, any person has the right to request access to federal agency records or information, except to the extent that these records are protected from disclosure by any of nine exemptions outlined within the Act. These exemptions are designed to protect interests such as personal privacy, national security, and law enforcement.

Examples

  1. Environmental Reports: A citizen may use FOIA to access records from the Environmental Protection Agency (EPA) to investigate the environmental impact of a local factory.
  2. Government Spending: Journalists can file FOIA requests to obtain records on how federal funds are being allocated among different contractors.
  3. Military Operations: Historians might use FOIA to access declassified information about past military operations for academic research.
  4. Health and Safety Data: Nonprofits can request information from the Food and Drug Administration (FDA) regarding the safety records of various food and drug products.

Frequently Asked Questions (FAQs)

What types of records can be obtained through FOIA?

You can obtain documents generated or held by federal agencies, including emails, reports, contracts, and more, unless the document is protected under one of the nine exemptions.

Who can file a FOIA request?

Any person – U.S. citizen or not, including organizations and even foreign governments – can file a FOIA request.

How do I file a FOIA request?

You must submit a written request to the federal agency holding the records. Most agencies accept electronic submissions through their websites.

How long does it take to get a response to a FOIA request?

Agencies typically have 20 working days to respond to a FOIA request. However, this period can be extended under specific circumstances, such as the complexity of the request.

Are there any costs associated with filing a FOIA request?

FOIA requests can incur fees related to the search, review, and duplication of records. Fee waivers may be available under certain circumstances, such as for news media or nonprofit organizations.

  • Exemptions: Specific protections within FOIA that prevent certain types of information from being disclosed (e.g., national security, trade secrets).
  • Declassification: The process of removing the national security classification from documents, making them accessible through FOIA.
  • Privacy Act of 1974: A related act that governs the collection and use of personal information by federal agencies and provides individuals with a means to access their records.

Online References

Suggested Books for Further Studies

  1. “The Freedom of Information Act 5th Edition: From English Exploration to the Age of Cyber Disclosure” by Harry Hammitt
  2. “Litigation Under the Federal Open Government Laws” by Harry Hammitt
  3. “The Government-Information Connection: Legislative Information Services of the United States” by L. Gordon Crovitz

Fundamentals of Freedom of Information Act (FOIA): Law Basics Quiz

### What is the primary purpose of the Freedom of Information Act (FOIA)? - [ ] To protect personal privacy exclusively - [ ] To regulate the storage of federal records - [x] To ensure public access to federal agency records - [ ] To classify documents for national security > **Explanation:** The primary purpose of FOIA is to ensure public access to federal agency records, promoting transparency within the government. ### Which of the following is an example of a FOIA exemption? - [ ] Public safety data - [ ] National park visitor records - [x] National security information - [ ] Budget allocations for local schools > **Explanation:** National security information is one of the nine exemptions that protect it from being disclosed under a FOIA request. ### Who can submit a FOIA request? - [ ] Only U.S. citizens - [x] Any person or entity - [ ] Federal employees only - [ ] Journalists and researchers only > **Explanation:** FOIA allows any person or entity, including U.S. citizens, non-citizens, organizations, and foreign governments, to submit a request. ### How many working days do federal agencies have to respond to a FOIA request? - [ ] 10 working days - [x] 20 working days - [ ] 30 working days - [ ] 45 working days > **Explanation:** Federal agencies generally have 20 working days to respond to a FOIA request, although this period can be extended under certain circumstances. ### What costs might be associated with a FOIA request? - [x] Fees related to the search, review, and duplication of records - [ ] Penalties for excessive requests - [ ] No associated costs - [ ] Costs of document encryption > **Explanation:** FOIA requests can incur fees related to the search, review, and duplication of records. ### What must be included in a FOIA request? - [ ] Only the agency's name - [ ] A substantial payment upfront - [x] A written description of the records sought - [ ] The requester’s background information > **Explanation:** A FOIA request needs to include a written description of the records sought, not just the agency's name or other extraneous information. ### Are there any provisions for expediting a FOIA request? - [ ] Yes, but only for companies - [x] Yes, under specific circumstances like threats to life - [ ] No, all requests take the same processing time - [ ] Only for U.S. citizens > **Explanation:** Requests can be expedited under specific circumstances, such as threats to someone's life or physical safety, or if the information is urgently needed by a person primarily engaged in disseminating information. ### Can FOIA be used to obtain classified military documents? - [ ] No, classified military documents are always protected - [ ] Yes, without restrictions - [x] Yes, but only if they are declassified - [ ] Only certain voter-registered individuals can access them > **Explanation:** Classified military documents can be obtained through FOIA only if they have been declassified. ### What law complements FOIA by regulating the government's collection of personal information? - [ ] The National Archives Act - [ ] The Fair Information Act - [x] The Privacy Act of 1974 - [ ] The Open Government Act > **Explanation:** The Privacy Act of 1974 complements FOIA by regulating the collection, maintenance, use, and dissemination of personal information by federal agencies. ### In what year was the Freedom of Information Act enacted? - [ ] 1946 - [x] 1966 - [ ] 1974 - [ ] 1986 > **Explanation:** The Freedom of Information Act (FOIA) was enacted in 1966 to promote government transparency and public access to federal records.

Thank you for engaging with our comprehensive look at the Freedom of Information Act (FOIA) and testing your understanding with our quiz. Keep exploring the intricacies of government transparency and information access!

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