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Tag Archives: FOIA
The Archivist of the US (AOTUS) released NARA’s plan for a Digital Preservation Framework consisting of a “Risk and Prioritization Matrix” and 15 File Format Preservation Action Plans. NARA is asking that the public submit comments on NARA’s GitHub site through November 1, 2019.
In particular, we are hoping to get feedback on the following topics:
- What revisions can you suggest to the proposed processing and preservation actions for the formats?
- Are the Essential Characteristics for each record type comprehensive enough for digital preservation?
- Are the proposed preservation actions for the formats technically appropriate?
- Are there appropriate tools for processing and preservation of specific formats that we do not have listed?
- What can you suggest in terms of appropriate public access versions of the formats?
- Are there other formats we haven’t identified that need plans?
You can use the issues feature in Github to leave a comment or question or start a discussion. Read more about how to contribute here. So, go ahead, start digging in to your favorite file format and tell NARA your thoughts.
Today NARA is releasing the entirety of our digital preservation framework for public comment. This digital preservation framework consists of our approach to determining risks faced by electronic files, and our plans for preserving different types of file formats. The public is encouraged to join the discussion, September 16 through November 1, 2019, on GitHub.
This just in from our friends at MuckRock: Senate introduces legislation to clarify presumption of disclosure in FOIA. This new bill will will protect public access to information from private entities that do business with the government following the *terrible* Supreme Court decision in Food Marketing Institute v. Argus Leader, which overturned more than 40 years of FOIA precedent by letting corporations decide whether the public was entitled to access government spending information. Also, according to OpenTheGovernment’s analysis, the bill addresses “…the EPA’s move to undermine FOIA by issuing regulations, without the legally required public notice and comment period, that appear to allow officials to withhold portions of documents as “not responsive” to a FOIA request, despite a federal court ruling forbidding the practice.”
The “Open and Responsive Government Act of 2019” would address limits to FOIA being imposed by regulatory agencies, in addition to those recently created by the Supreme Court’s decision in Food Marketing Institute v. Argus Leader Media. That decision allowed for a broad interpretation of confidentiality under the FOIA’s b(4) trade secret exemption, and transparency advocates are confident the ruling, if allowed to stand, would severely limit access to government dealings with private companies.
“Last month’s Supreme Court overturned more than 40 years of FOIA precedent, and will force government agencies to withhold large swaths of information about private contractors and other companies who do business with government,” said Emily Manna, policy analyst at Open The Government. This bill would return us to the status quo, and restore the public’s right to access this critical information.”
The proposed amendments would expand the language of the “trade secrets” exemption to explicitly require a standard of substantial harm for the nondisclosure of commercial information. That standard seemed to have been set by the case National Parks & Conservation Ass’n v. Morton, but the Supreme Court’s recent ruling did not acknowledge it.
Our pals over at MuckRock have been working not only on FOIA at the federal level (MuckRock co-founder Michael Morisy is a colleague of mine on NARA’s FOIA Advisory Committee and was highlighted last month on the FOIA Ombudsman’s blog!). They’ve also been working on FOIA/open records at the state and local levels. Check out their new 4-part series “What’s the state of state public records law?” written by Jessie Gomez.
Over the last nine months, our FOIA Fellow Jessie Gomez has been looking at public records law across the nation through our State of State Public Records Law project. Today, we’ll be exploring the major takeaways from her reporting.
Primarily, our coverage has dealt with ambiguities within records law, barriers to access, legislative efforts to reform state records law, and the notable players that have made transparency a reality. Our series will take a look at all of these components and their contributions to your state’s law…
…Public records law has become an integral part of keeping our government accountable. Although it can oftentimes be difficult to navigate, its effect on democracy has been worth the battle.
A new administration has led the public to begin asking questions about their government and know more about its role in their daily lives. With a growing interest to keep those in power under close watch, FOIA and the public records system will remain a powerful tool.
As for the actual system, it’s no surprise that records law continues to face challenges in unlocking information for the pubic. However, ongoing conversations to reform both FOIA and state public records law have led to changes at the local level and reforms in states like California, Massachusetts, and New York.
Although it can seem like the state of public records law isn’t getting any better, so long as that conversation is ongoing, requesters can rest assured that it is headed in the right direction and will continue to evolve.
Happy Sunshine week (well, technically it’s next week, March 10-16, 2019)! The National Security Archive did a massive FOIA audit which showed that FOIA delays and backlogs continue across federal agencies. the most interesting/disturbing to me were the requests that fell into a FOIA “referral black hole” where agencies refer to or consult with other agencies on “any FOIA request in which it feels another agency or agencies may possibly claim ownership of, or “equity” in, the information within the records.” These referrals often result in massive delays.
One of the easiest ways to better deal with these referral delays is to allow FOIA.gov‘s request form to be submitted to multiple agencies (or multiple units within agencies) if the requester feels that the question overlaps agencies. but If anyone has other good ideas for how agencies can more quickly deal with the “referral black hole” please send me an email at freegovinfo AT gmail DOT com.
Washington, D.C. March 8, 2019 – Five federal agencies have FOIA requests more than a decade old and one, the National Archives and Records Administration, has a FOIA request more than 25 years old, this according to a National Security Archive Audit released today to mark the beginning of Sunshine Week. The survey also found there is a correlation between agencies with the oldest FOIA requests and those with the largest FOIA backlogs.
The Archive Audit team parsed through the annual FOIA reports federal agencies are required to submit to the Department of Justice’s Office of Information Policy and found that while many agencies appear to have used new reporting requirements as a tool to address the oldest agency FOIA requests, others have let decades-old requests linger. The Archive used the Fiscal Year 2017 reports because they were the most comprehensive collection available at the time of publication due to the delay caused by the government shutdown, and will update this posting once the complete set of FY 2018 reports are available.
The key driver for FOIA requests that could be renting cars by now and growing backlogs is the “referral black hole.” Agencies currently refer or consult on any FOIA request in which it feels another agency or agencies may possibly claim ownership of, or “equity” in, the information within the records. This daisy chain of referrals can often result in decades-long delay, and the re-review of the same document by multiple agencies is redundant, costly, and inefficient.
Russ Kick of AltGov2 is again on the FOIA case. This time he’s analyzed the Department of Interior’s proposed changes to their FOIA regulations (and helpfully cobbled together the current regulations with DoI’s proposed changes). Comments on the proposed changes can be submitted electronically by JANUARY 28, 2019. Here’s the current regulations and the proposed rules changes posted to regulations.gov.
Here’s my own take on this. Department of Interior’s reason for updating its FOIA regulations is that they’ve had “Exponential increases in requests and litigation.” From Fiscal Year (FY) 2016 to FY 2018, incoming FOIA requests to the Department increased 30 percent (from 6,428 to over 8,350). So it would make sense that they’d want to update their regulations to deal with the exponential increase in requests. But instead of requesting more staff to deal with the increase in requests or look for ways to proactively release more records, their proposed changes:
- look to expand the definition and reasoning of “burdensome” requests that can be denied. “The bureau will not honor a request that requires an unreasonably burdensome search or requires the bureau to locate, review, redact, or arrange for inspection of a vast quantity of material.”
- place monthly limits on the number of requests per month from frequent requesters.
- Make it more confusing and difficult to submit requests (eg it’s unclear whether requests will be accepted via email in the new regs).
- No longer refer or forward mistakenly directed requests. “A request to a particular bureau or a particular bureau component (for example, a request addressed to a regional or field office) will be presumed to seek only records from that particular bureau or particular component and will not be forwarded to another bureau or component.”
- Change “time limits” to “time frames,” making the time to fulfill requests more squishy and undefined.
There’s probably more buried in this request. Check out Russ’ analysis at MuckRock. And PLEASE send comments to Department of Interior about their proposed changes. Comments on the proposed changes can be submitted electronically by JANUARY 28, 2019.
The Department of the Interior wants to drastically change how it deals with Freedom of Information Act requests. To do that, it had to make a proposal, published in the Federal Register, that the public can comment on for 30 days. In theory, it has to consider this input before finalizing any changes to its FOIA regulations.
That proposal was published on December 28th, 2018, which is 1) a Friday 2) in the middle of the week between Christmas and New Year’s Day 3) during a government shutdown. Any one of those is a tried-and-true way to slip something past the public, but all three simultaneously? That is the trifecta of bureaucratic underhandedness.
So, now that the holidays are behind us for another year, let’s take a look at Interior’s FOIA wishlist, which is primarily designed to hobble requesters and solidify the department’s power. (To make it easier to see the many changes Interior wants, I’ve created a redline version of their currently FOIA regulations, with added language in bold and deletions in strikethrough, which you can see here.)