Freedom of Information Act (United States)

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, is a federal law that establishes a general right of access to government information. Enacted in 1966 and significantly amended in 1974 and 1996, the FOIA requires federal agencies to disclose any information requested unless it falls under one of nine exemptions which protect interests such as national security, privacy, and law enforcement.

Purpose

The FOIA's primary purpose is to promote government transparency and accountability by allowing the public to scrutinize the actions of the federal government. It embodies the principle that a well-informed citizenry is essential for a functioning democracy. By providing access to government records, the FOIA aims to prevent corruption and hold public officials accountable for their decisions.

Scope

The FOIA applies to federal executive branch agencies, including departments, regulatory agencies, and government corporations. It does not apply to the legislative or judicial branches of the federal government, state governments, or private entities.

Requesting Information

Individuals, organizations, and companies can submit FOIA requests to federal agencies. The request must reasonably describe the records sought, but there is no requirement to explain the reason for the request. Agencies are required to respond to FOIA requests within a specific timeframe, typically 20 working days, and to either provide the requested information or explain why it cannot be released.

Exemptions

The FOIA contains nine exemptions that allow agencies to withhold certain types of information from disclosure. These exemptions are:

1. National Security: Information that is properly classified as secret in the interest of national defense or foreign policy.
2. Internal Agency Rules and Practices: Information related solely to the internal personnel rules and practices of an agency.
3. Information Exempted by Other Statutes: Information specifically exempted from disclosure by other laws.
4. Confidential Commercial Information: Trade secrets and commercial or financial information obtained from a person and privileged or confidential.
5. Inter-Agency or Intra-Agency Memoranda or Letters: Internal communications that would not be available to a party in litigation with the agency.
6. Personal Privacy: Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
7. Law Enforcement Records: Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual.
8. Financial Institution Records: Matters 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. Geological and Geophysical Information: Geological and geophysical information and data, including maps, concerning wells.

Appeals and Litigation

If an agency denies a FOIA request, the requester can appeal the denial within the agency. If the appeal is also denied, the requester can file a lawsuit in federal court to compel the agency to release the information.

Impact and Criticism

The FOIA has been instrumental in uncovering government misconduct, promoting transparency, and informing public debate. However, it has also faced criticism for its complexity, the costs associated with processing requests, and the potential for misuse. Agencies sometimes cite exemptions broadly, leading to delays and denials of information. Furthermore, the volume of FOIA requests can strain agency resources. Despite these challenges, the FOIA remains a crucial tool for holding government accountable and ensuring public access to information.