While the Freedom of Information Act (FOIA) requires agencies to notify requesters of the legal reasoning for upholding either all or part of an initial denial, the statute gives agencies very little—well, actually, no—additional guidance about what should be in an appeal response. As you might know, we at OGIS are big fans of the … Continue reading The Appeal of the Appeal Letter
It’s easy for requesters and agencies to agree that administrative appeals are an important part of the Freedom of Information Act (FOIA) process. It’s not as easy for agencies and requesters to agree on what warrants an appeal. FOIA requires an agency to notify requesters of their right to appeal “any adverse determination” (5 USC … Continue reading (FOIA) Appeal is in the Eye of the Beholder
We at OGIS talk quite a bit about the importance of the FOIA administrative process, which includes the all-important appeal. But what is an appeal, exactly, and what should it include? What are some best practices for an agency’s appeal process? How can the FOIA and the appeals offices better work together? We will discuss … Continue reading Upcoming Requester Roundtable Discussion: Appeals
The FOIA process, as with much in life, provides an opportunity to give our actions a second look. After all, most of us don’t file a major report without asking someone to proofread for errors, right? Or walk out the door without one last check in the mirror? FOIA directs that requesters can appeal “any … Continue reading Checking it Twice: Appeals Provide Necessary Second Look
The administrative appeal process is an integral part of FOIA. Federal agencies received almost 10,000 FOIA appeals in the year ending September 30, 2010. FOIA sets forth two requirements pertaining to the appeal process: (1) agencies must notify requesters of the right to appeal any adverse determination; and (2) agencies must make a determination with … Continue reading Got Appeals?
Last year we shared our OGIS Holiday Wish List here on The FOIA Ombudsman. The jolly man from the North Pole did not bring us our wishes, so we are revising it to reflect upon what OGIS has encountered over the past year. As we look to 2024 these wishes would go a long way … Continue reading OGIS 2023 Holiday Wish List
Today we present an interview with Alex Howard, director of the Digital Democracy Project, and a member of the FOIA Advisory Committee. This is part of a series of posts on the Committee, whose members are FOIA experts from inside and outside of government who are appointed by the Archivist of the United States. What prompted … Continue reading Getting to Know the FOIA Advisory Committee: Alex Howard
A new webpage cataloging Office of Government information Services (OGIS) recommendations and best practices, a model for analyzing FOIA programs and technology, and an update on an interactive search tool on FOIA.gov were among the matters discussed at the April 25, 2023, meeting of the Chief FOIA Officers Council. Missed the meeting? Catch up by … Continue reading Chief FOIA Officers Council Meeting Recap
In our previous two blog posts “Understanding the Office of Government Information Services” parts 1 and 2, we provided a basic overview of how OGIS is structured and highlighted aspects of our dispute resolution program. In this post we’ll touch on the specific nuances of our compliance program. How does OGIS’s compliance work? OGIS reviews … Continue reading Understanding the Office of Government Information Services (part 3/4)
In our previous blog post “Understanding the Office of Government Information Services,” we provided a basic overview of OGIS’s history and structure. In this post we’ll focus on our mediation program. How are requests for OGIS assistance handled? FOIA requesters and agencies may request OGIS’s assistance in resolving a dispute at any point in the … Continue reading Understanding the Office of Government Information Services (part 2/4)
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