Since OGIS opened in 2009, we’ve noticed that some FOIA Public Liaisons (FPLs) are not entirely clear about their role. The job title, created by Executive Order 13392 in December 2005, was codified in the OPEN Government Act of 2007, (5 U.S.C. § 552 (a)(6)(B)(ii) and (l)). One provision says that FPL’s are responsible for … Continue reading That’s Not My Job… or Is It?
When a requester wants access to records that are classified, he or she can choose to ask an agency to undergo Mandatory Declassification Review (MDR) of those documents rather than filing a Freedom of Information Act (FOIA) request. MDR requests allow the agency to give records a fresh look to see whether they might be … Continue reading Demystifying Declassification
If you’ve been a FOIA professional long enough, you’ve been papered. It makes one feel like the homeowner who discovers a toilet-papered yard the morning after Halloween – all trick, no treat. For FOIA professionals who haven’t been papered, here’s how it works: a requester will flood email inboxes, mail boxes and yes, even fax … Continue reading No Treat for Papering Agencies
FOIA’s Exemption 4 protects from disclosure commercial and financial information provided to the government by individuals and a wide range of entities – from corporations and banks to Native American tribes. The idea is to safeguard certain private business records in government files. About two dozen representatives of the agency and requester communities participated in … Continue reading Tips on Getting Down to Business
When Elvis sang “Twenty Days and Twenty Nights” he didn’t have FOIA in mind. But the title refrain is sure to spark many in the FOIA community to think about the statutory requirement that agencies respond to requests within 20 business days (5 U.S.C. § 552(a)(6)(A)). It’s a topic that has many OGIS requester customers … Continue reading Twenty days … or not
Both the Freedom of Information Act (FOIA) and the Privacy Act contain provisions that grant a right of access to Federal records. FOIA applies to records of executive branch agencies on potentially any subject. The Privacy Act applies only to agencies’ records which contain information about individuals that are maintained in a “system of records,” meaning those … Continue reading The Intersection of FOIA Street and Privacy Act Lane
OGIS’s outreach is on a roll! This week OGIS staff presented twice to audiences of FOIA requesters as part of the National Archives’ “Know Your Records” series. This was a great opportunity to hear from those in the field – most of whom are not sophisticated FOIA requesters -- about their FOIA concerns. While this … Continue reading Avoiding Common FOIA Pitfalls
FOIA isn’t free, we all know that. The Federal government’s estimated spending on FOIA in 2010 was approximately $416 million. Usually, an agency will process its own FOIA requests by searching for, retrieving and reviewing records. But when an agency has to ask a contractor or even another agency to assist with a request, and … Continue reading Paying the FOIA bills
If you’ve called OGIS, had a case with us or read this blog, you’ve probably heard the mantra: “We’re from the government and we’re here to help!” We’ve heard from hundreds of people seeking assistance -- on everything from the expected -- FOIA delays, denials, fees and exemption use -- to the unexpected -- employee … Continue reading Setting Expectations
Government-speak -- with its acronyms, abbreviations and general jargon -- can make anyone’s head spin. Can the DoD IDA get trained on FOIA with CBT? Will the EPA FPL share an MOU with OGIS? OMG, it’s ridiculous enough to make you LOL (or SMH)! Some of us in the Federal world get a little entrenched … Continue reading Hold the alphabet soup, please.
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