FOIA & Posting Records Online Melanie Ann Pustay Director, Office of Information Policy Department of Justice 1

2 July 4, 1966: President Lyndon Johnson signs into law the Freedom of Information Act (FOIA). FOIA provides any person with a right of access to federal agency records unless those records are protected from disclosure under the law. Origins of FOIA

3 The FOIA is often described as a means for the public to know “what their Government is up to.” 100 federal agencies across the Executive Branch receive and respond to FOIA requests. FOIA Implementation

4 Since Fiscal Year 2009, federal agencies have received and processed nearly 4 million FOIA requests. In Fiscal Year 2014 alone, nearly 4,000 FOIA professionals at agencies received nearly 715,000 requests and processed almost 650,000. FOIA By The Numbers

5 Generally “any person,” regardless of citizenship, can make a FOIA request. Public can request Agency Records, which are records: Created or obtained by an agency, AND Under agency control when a request is received. Making a FOIA Request

6 The FOIA Process A request is submitted to an agency for records. 2.Agency searches for responsive records. 3.Records are reviewed for disclosure. 4.Agency responds to requester and releases disclosable information.

7 The disclosure obligation of the FOIA is not absolute. Congress included nine categories of records that are exempt from disclosure, including: National Security, Personal Privacy, and Law Enforcement Sensitivities. FOIA Exemptions

FOIA is not only about “FOIA Requests.” The law also requires agencies to make certain categories of records available to the public on a proactive basis. Such releases are called proactive disclosures. Making Records Available Proactively

In addition to the legal requirement to make proactive disclosures, agencies have also been directed to take additional steps to make information available to the public on a proactive basis Making Records Available Proactively

“[A]gencies should readily and systematically post information online in advance of any public request” 10 Department of Justice 2009 FOIA Guidelines

Historically, agencies made proactive disclosures available in “Reading Rooms.” Agencies now post proactive disclosures on their websites, usually in online FOIA Libraries on their FOIA websites. FOIA Libraries

12 OIP posted guidance outlining principles for making proactive disclosures: Proactive Disclosure of Non-Exempt Agency Information: Making Information Available Without the Need to File a FOIA Request (3/16/15) Guidance on Proactive Disclosures

13 Despite agency efforts to make more information available proactively online, challenges do remain. Chief among these challenges is making various formats of records available and accessible online under Section 508 of the Rehabilitation Act. The Challenges of Section 508

14 The challenges that exist for FOIA professionals seeking to put information online include: Age, quality & format of records, and Time & resources needed to code documents for posting. Aspects of the Challenge

15 In an effort to understand the challenges for FOIA professionals in posting information online, especially those related to Section 508 compliance, OIP launched a proactive disclosure pilot in July Proactive Disclosure Pilot

16 Proactive Disclosure Pilot  Seven agencies  Launched August 2015, runs for 6 months  Posting every FOIA response, including released documents, online  Tracking various metrics, including time and resources, to understand challenges at agencies

17 One of the goals of the pilot is to determine the impact compliance with Section 508 has on agency efforts to post more information online and to identify best practices for overcoming any challenges. At the end of the pilot, OIP will analyze findings and publish results. Proactive Disclosure Pilot

18 In today’s world, agency efforts to proactively publish information online helps fulfill the FOIA’s underlying mission to inform the public about “what their Government is up to.” Conclusion

19 Though challenges exist to putting information online, understanding and overcoming these challenges will allow agencies to more readily provide information to the public. In providing more information to the public, agencies help fulfill the intent and goal of the FOIA. Conclusion

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