FREEDOM of INFORMATION CHAPTER 9 Communications Law. COMM 407, CSU Fullerton FREEDOM of INFORMATION CHAPTER 9

The Freedom of Information Act of 1966 Provides a statutory right of access to records possessed by federal government agencies. This right of access, however, is qualified by nine specific statutory exemptions and by recent laws, such as the Homeland Security of Act of 2002, that create specific exceptions from FOIA requirements.

FOIA Exemptions 1. National security matters 2. Housekeeping materials (personnel practices) 3. Material specifically exempted by statute 4. Trade secrets of private business 5. Internal memos, working papers & Lawyer-Client privileged documents 6. Personal privacy files (e.g., medical records) 7. Law enforcement records (investigations) 8. Financial institution materials 9. Geological data (oil and gas)

FOIA Request This is a written request in which you describe the information you want, and the format you want it in, in as much detail as possible. You should be aware that the FOIA does not require agencies to do research for you, analyze data, answer written questions, or create records in response to your request. Finally, you should know that the FOIA requires that federal agencies release certain information automatically, without the need for you to make a request.

A sample FOIA request letter Date, Agency, Address, etc…. Dear ______________ Under the Freedom of Information Act, 5 U.S.C. subsection 552, I am requesting access to [identify the records as clearly and specifically as possible]. If you deny all or any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law. Sincerely, Name Address

FOIA Problems The main issue is the interpretation of the exemptions Also… EXECUTIVE PRIVILEGE Other problems: Delays Costs Redactions Glomarization (A Glomar Response)

A Glomar Response…. FBI response to my request under FOIA / Privacy Acts (FOIPA) …..Based on the information you provided, we conducted a search of the indices to our Central Records System… we were unable to identify responsive main file record… … To the extent your FOIPA requests seeks access to records that would either confirm or deny an individual’s placement on any government watch list, please be advised that the U.S. Government can neither confirm nor deny whether you are on any terrorist watch list… You may file an appeal by writing to the Director… etc

Government Proceedings State open meetings laws: require that government deliberations to be open to the public. The law authorizes closed sessions (executive sessions) but only in special circumstances Federal Gov: The Sunshine Act of 1976

The Sunshine Act provides that every meeting of an agency shall be open to public observation. It imposes procedural requirements to ensure, that advance notice is given to the public before meetings take place. The statute defines a "meeting" as "the deliberations of at least the number of individual agency members required to take action on behalf of the agency (quorum). The statute defines "agency" to include "any agency ... headed by a collegial body composed of two or more individual members ...

The Sunshine Act exemptions information relating to national defense, related solely to internal personnel rules and practices, related to accusing a person of a crime, related to information where disclosure would constitute a breach of privacy, related to investigatory records where the information would harm the proceedings, related to information which would endanger the stability of a financial institution related to the agency's participation in legal proceedings.