Is the freedom of information act broken? : background, perspectives and recommendations / Shelia Reed, editor.

Format:

Book

Contributor:

Reed, Shelia, editor.

Series:

Human rights, background and issues.

Human Rights: Background and Issues

Language:

English

Subjects (All):

United States. Freedom of Information Act.

United States.

Physical Description:

1 online resource (165 p.)

Place of Publication:

New York, [New York] : Nova Science Publishers, 2016.

Summary:

The Freedom of Information Act allows any personindividual or corporate, citizen or notto request and obtain existing, identifiable, and unpublished agency records on any topic. Pursuant to FOIA, the public has presumptive access to agency records unless the material falls within any of FOIA's nine categories of exception. Disputes over the release of records requested pursuant to FOIA can be appealed administratively, resolved through mediation, or heard in court. FOIA is a tool of inquiry and information gathering for various sectorsincluding the media, businesses, scholars, attorneys, consumers, and activists. Agency responses to FOIA requests may involve a few sheets of paper, several stacks of records, or information in an electronic format. Assembling responses requires staff time to search for records and make duplicates, among other resource commitments. Agency information management professionals are responsible for efficiently and economically responding to, or denying, FOIA requests. This book examines and analyzes agency administration of FOIA. It also draws on the testimony and comments received by the Committee to illustrate the barriers to access that citizens face with respect to FOIA.

Contents:

IS THE FREEDOM OF INFORMATION ACT BROKEN? BACKGROUND, PERSPECTIVES AND RECOMMENDATIONS ; IS THE FREEDOM OF INFORMATION ACT BROKEN? BACKGROUND, PERSPECTIVES AND RECOMMENDATIONS ; CONTENTS ; PREFACE ; Chapter 1 THE FREEDOM OF INFORMATION ACT (FOIA): BACKGROUND, LEGISLATION, AND POLICY ISSUES ; SUMMARY ; INTRODUCTION1 ; FOIA BACKGROUND6 ; A Focus on the Executive Branch ; FOIA Exemptions ; Obama Administration Initiatives ; Department of Justice Guidance ; Soliciting Public Input ; The Open Government Directive ; FOIA STATISTICS ; FOIA Request Volume ; FOIA Processing

Backlogged Requests COSTS TO ADMINISTER FOIA ; USE AND GROWTH OF EXEMPTIONS ; Use of Exemption 2 after Milner v. Department of the Navy ; SOME POLICY OPTIONS FOR THE 114TH CONGRESS ; Reducing the Backlog of FOIA Requests ; Monitoring the Expansion of Additional Statutory b(3) Exemptions ; Amending the Exemption for Personnel Rules and Practices ; End Notes ; Chapter 2 THE FREEDOM OF INFORMATION ACT IS BROKEN: A REPORT* ; EXECUTIVE SUMMARY ; INTRODUCTION ; THE ADMINISTRATION'S CULTURE OF SECRECY ERODES TRUST ; Political Review Fosters Mistrust, Causes Delays, and Invites Malfeasance

Department of Homeland Security Department of State ; The Department of Justice ; The Executive Branch Has Adopted an Unlawful Presumption in Favor of Secrecy ; EXEMPTIONS ARE ABUSED ; Under the Redactions: A Side-by-Side Look ; Misapplication of Exemption (b)(5) ; Redaction of Non-Responsive Information ; Inappropriate (b)(6) Redactions ; More Stories of Ridiculous Redactions and Inappropriate Exemptions ; The On-going Investigation of a Closed Case ; Food and Drug Administration Redacts Curriculum Vitae ; DOJ Redacts the Titles of Office of Legal Counsel Opinions and the Names of Authors

Ph.D. Dissertation Materials Withheld by the Department of Energy EPA Hides Conversation with Third Parties ; INTRA-AGENCY CONSULTATION WASTES RESOURCES AND CAUSES DELAYS ; A Never Ending Consultation and Referral Process ; Delayed Referral Results in More Delay ; "Frustratingly Slow Process" ; AGENCIES ERECT ROADBLOCKS DESIGNED TO CLOSE CASES ; Unreasonable Standards for a "Reasonable Description" ; You Need the Contract to Get the Contract ; Too Big Is Not the Same as Too Vague ; The Waiting Game ; Hurry up and Wait ; You Aren't Still Interested Are You?

AGENCIES USE FEES AS A BARRIER TO PUBLIC ACCESS Exorbitant Fee Estimates Make FOIA Unusable ; Smaller Fees Can Also Be Problematic ; THE BIGGEST BARRIER OF ALL: DELAY, DELAY, DELAY ; A FOIA Response Case Study ; State Delays Research; Delays Cost the Taxpayer ; Requesters Shouldn't Need a Lawsuit to Get Responsive Documents; A Year's Worth of Data Takes More Time Than That to Process ; Unreasonable Delay in Determining an Unreasonable Description; "Something Is Desperately Wrong with This Process" ; CONCLUSION ; End Notes

Chapter 3 FREEDOM OF INFORMATION ACT LEGISLATION IN THE 114TH CONGRESS: ISSUE SUMMARY AND SIDE-BY-SIDE ANALYSIS

Notes:

Includes index.

Description based on online resource; title from PDF title page (ebrary, viewed September 3, 2016).

ISBN:

1-63484-954-X