Freedom of Information Act Balancing the right to know and privacy rights in the computer age

FOIA passed in 1966 Rumsfeld (right, with Cheney) was a big supporter of FOIA as a young congressman

Provisions of FOIA Applies to entire executive branch of the federal government Does not apply to the president or his immediate staff Does not apply to Congress or the judiciary

Exemptions 1. National security

Exemptions 3. Laws that forbid the release of certain information, such as tax returns

Exemptions 5. Internal agency memos and policy discussions

Exemptions 6. Personal privacy

Exemptions 7. Information compiled for law- enforcement purposes

Using FOIA First, try the informal route Good examples near end of Chapter 6 FOIA letter-generator is at: –

Department of Justice v. Reporters Committee (1989) Shows how computers have changed attitudes regarding public records In 1978 Robert Schakne of CBS News sought rap sheets of Medico family, tied to corrupt Pennsylvania congressman, Daniel Flood Department of Justice said “no”

Judge Laurence Silberman Public records should be available to the public Must assume it’s for the public good FOIA is for everyone, not just the press

Justice John Paul Stevens Reverses Silberman, finds that not all public records must be disclosed Vote is 9-0 Makes two key findings

Invasion of privacy Just because rap sheets are public records doesn’t mean they’re easily available Reporters Committee takes “a cramped notion of personal privacy” “Vast difference” between scattered records and a computerized compilation

An unwarranted invasion of privacy What is the purpose of the FOIA? An invasion of privacy may be warranted if it sheds light on the actions of the government An invasion of privacy is unwarranted if it merely sheds light on the actions of an individual

Jane Kirtley of RCFP “It says that today something may be a public document but tomorrow it's not because it's on a computer tape” ACLU on the other side