People think that laws governing information access can help to bring accountability and openness, which are essential components of good governance.
They are also seen as playing a crucial role in lowering poverty rates and achieving the Millennium Development Goals because they help achieve the two variables. (Puddephatt 1).
The legal system in the United States, one of the world's biggest democracies, is constantly being improved to ensure that the public has access to all the information required to hold the government accountable for its actions.
In order to give citizens in the USA the ability to request access to data records from any federal entity, FOIA was passed in 1967.
In this regard, people describe it as a law that assists residents to know about their government (Puddephatt 1).
All federal institutions are required to give any info requested under these legislation except if it falls under one of the nine exemptions that protects the following interest: national security, personal privacy and law enforcement. The law is recognized by the congress, Supreme Court and president as a vital part of USA democracy.<\/p>
Amendments
Amendments to this act was done on June 2016 after Obama signing the FOIA Improvement act which introduced several substantive and procedural improvement of the previous law together with new reporting requirements for institutions.
Under this new organizations are now required to proactively upload certain information categories on websites including records that are requested by the public regularly (three or more times) (OIP Summary of the FOIA Improvement Act Of 2016 | OIP | Department Of Justice.).
For disclosure purpose, the agencies are only exempted to withhold information under the act if they reasonably foresee that sharing the information would harm a protected interest by the law or the disclosure if forbidden by the law.
The can also consider partial disclosure of info if only the institution determines that complete disclosure of the record requested is impossible. In such a case, the agency in questions is required by the law to take reasonable steps that are necessary to segregate and release records that are not exempted.
In addition, agencies are required to display detailed statistics that are contained in Annual FOIA Reports graphically so that they can easily be compared overtime. In addition, any person irrespective of whether is a USA citizen can make a request of information under FOIA.
Process of Making FOIA Request
Before Making any request and individual is advised to ensure that the information that they are interested in is not already made publicly available. Information about agencies can be found on their respective website.
In case the information is unavailable, the requester is supposed to submit the request to agency\u2019s FOIA office (OIP Summary of the FOIA Improvement Act Of 2016 | OIP | Department Of Justice.).
The law establishes that the request should be in writing and reasonably describing the records that one seeks to have. The law does not limit the form of the request and therefore agencies can accept email, fax or website form.
Agency Response
The act also has changed procedures of processing requests by introducing limits of extending deadline of disclosing information inquire. According to legislation, the time limit an agency can take to process requested records is 10 days. However, the deadline may be extended but the institution is required to give a written notice to the requesters notifying them about their rights to dispute the action taken by the agency.
In addition, in case an agency establishes that unusual circumstances relate to a specific request processing and they have given a timely written notification to the inquirer, the extension is excused for an extra of other 10 days (OIP Summary Of The FOIA Improvement Act Of 2016 | OIP | Department Of Justice.).
Failure of agency to comply with the deadline extended, it may avoid changing search fees. Additionally, if unusual conditions apply and more than five thousand pages are required to respond to a certain request , institution may charge search fees when a timely written notice is availed to requester and has discussed with the inquirers through telephone, email or written mail on how they could effectively limit the request scope.
Fees and Waiver
Individuals seeking records about themselves under this act particularly those that hold their names are not required to pay any fee. Charges are do not apply also disclosing records of information that were previously released at the government site or on a request that may be processed for less than 10 dollars.
However, search fees apply in case the requester does not fit the three categories or information requested is considered scientific or educational, commercial or news media.
The table below is an example of cost charges of information requested from CIA
Category
Search Costs
Review Costs
Reproductions Costs
Educational & Scientific
First 100 pages: no chargeRemainder: 10 cents/page
Commercial
$18/hr.: manual$11-27/hr.: computer
Yes: case by case
10 cents/page
News Media
First 100 pages: no chargeRemainder: 10 cents/page
All Others
First 2 hrs.: no chargeRemainder: $18/hr.: manual$11-27/hr.: computer
First 100 pages: no chargeRemainder: 10 cents/page
According to the law, Review and search costs should be calculated based on pay scale of an individual requesting the information. Duplication charges are evaluated for only those records that are released in full or partly denied. However, such costs are not assessed for records that are fully denied or referred to agencies giving them for direct reply. A requester is supposed to pay all applicable fees after making a FOIA request that may be up to 25 dollars unless a waiver is granted.
Whenever the costs exceed the 25 dollars agency is required by the law to notify the request so that the party can confer with department to reformulate the request so that it can meet requesters need at a cheaper cost.
It is important for the public to understand that the request can only be processed if the requester agrees to pay the estimated charges. In case the charges are estimated to exceed 250 dollars then the agency may request a person inquiring the information to make an advance payment.
The act provides fee waivers for requests when information to be shared is of the public interests and not mainly in commercial interests of the person or party that has requested.
Information of public interest is given waiver since it contributes considerably to public understanding of government operations and activities.
The following factors are used in determining whether information requested is of public request or commercial interests: 1) the information concerns activities or operations run by the government.2) Sharing the information will be informative to the public. 3) The disclosure assist public understands government activities and operations. 4) The disclosure contributes enormously into residents understanding. 5) Defining whether the requester has any commercial request. 6) Determining what is greater between public and commercial interest before releasing the information requested by the requester (“World Bank Report Regarding Freedom of Information Laws”. However, FOIA request to agencies such as CIA that concern foreign events and nations do not qualify under the above definition. In addition, denial of fee waiver or reductions on a request can be appealed under the FOIA act.
The law requires a requester to appeal to the Chair of the Agency Release Panel through Privacy and Information coordinator. The appealer is also required to prove how their request satisfies the legal requirements of a waiver under the legislation.
Administrative Appeal
Parties or Individuals may file an administrative appeal if they are not satisfied with the initial response by agency concerned to their requests.
However, before taking that initiative, one is advised to contact FOIA professionals that handle request or FOIA Public Liaison of the agency in question.
Such departments and professionals are helpful since they ensure requesters understand the process, reduce delays and resolve any discrepancies. Typically when filing an appeal requesters are needed to send an email or letter to the designated appeal body of the institution stating that they are appealing the initial decision made on their request (OIP Summary Of The FOIA Improvement Act Of 2016 | OIP | Department Of Justice.). No charges are required to be paid during this process. Following an independent evaluation, the body involved is supposed to send the appealer a response stipulating its decision. Once this administrative appeal process ends, parties or individuals involved have a right to seek mediation services from an independent organization mandated with mediation role.
Body Involved in Reviewing FOIA Appeals
The department involved in USA is the Office of Government Information Services (OGIS).
These department is established under the 2007 Open Government act. Its main mission is resolving disputes relating requests between requesters and Federal agencies made under the act (OIP Summary of the FOIA Improvement Act Of 2016 | OIP | Department Of Justice.).
The department is a place where anybody can ask for assistance relating the act, which means it, is FOIA ombudsman that provides necessary information, tracks suggestions from the public and answers all the questions posed.
Legally the body is mandated with the task of establishing mediation services to resolve all the disputes between a requester and administrative mediation that has unresolved dispute.
It is also charged by the congress with a role of reviewing FOIA procedures, policies as well as compliances of Federal agencies and determining ways of improving compliances (OIP Summary Of The FOIA Improvement Act Of 2016 | OIP | Department Of Justice.).
The agency also assesses the impact of regulations, legislations and manages decisions on programs that it introduces and improves policies, operations and procedures to carry out its mandate.
The body is run by the council whose members are created by the executive branch and it consist of the director, deputy director, chief FOIA officer for every agency and other officers designated by the co-chairs.
Conclusion
Indeed, USA as a nation has made enormous progress in making and improving its FOIA, which has increased accountability and transparency.
With introduction of electronic disclosure of information, it is currently possible to access a lot of information necessary without even making requests.
Furthermore, the structure set lays down necessary procedures that every agency and requester should comply with pertaining disclosure of information.
Clearly, with introduction of an oversight body, that is OGIS in 2007 and the 2016 amendments access to information has become more efficient and effective in US.
Works Cited
"OIP Summary of the FOIA Improvement Act of 2016 | OIP | Department Of Justice." Justice.Gov, 2017, https://www.justice.gov/oip/oip-summary-foia-improvement-act-2016.
Puddephatt, Andrew. "Exploring the role of civil society in the formulation and adoption of access to information laws: The cases of Bulgaria, India, Mexico, South Africa, and the United Kingdom." Washington, DC: World Bank Institute (2009).
“World Bank Report Regarding Freedom of Information Laws”
