United States Freedom of Information Act
The United States Freedom of Information Act was signed by Lyndon B. Johnson on the 6th of September, 1966 it went into effect the following year. The FOIA applies to federal records only states regulate their own information. This law allows American citizens access to government information and documents that were previously withheld unless proof of "need to know" was established. The enactment of this law removes the burden of proof from the individual and now requires that the government demonstrate good reason why something must be kept classified. This law has been amended several times most recently by President Barack Obama to "ensure an open Government." The FOIA requires government agencies to aid in allowing the public access to information by processing requests for that information quickly and being proactive to ensure the information is available.
Most information is available by request according to the FOIA. There are however, nine exemptions which allow some federal agencies to deny access to information. The nine exemptions seem to be common sense and aid in the protection of some of our civil liberties. They include to date; (1) National defense and foreign relations information, (2) internal agency operating procedures,(3) information determined by another federal law to be kept confidential,(4) trade secrets and financial information that are confidential,(5) inter or intra- agency communications protected legally,(6) information pertaining to matters of personal privacy ,(7) information relating to the supervision of financial institutions, (8) geological information on the location of wells and (9) Law enforcement records that could interfere with- privacy, the right to a fair trial, witness protection, procedural information that could inhibit investigations, information that could endanger the life or physical well being of an individual.
Making a request for documents or information is quite simple however, the DOJ requests that you go to the website of the specific entity that you are seeking information from to make sure that records you are looking for are not already available digitally. Some records are readily available without a request such as how to apply for a grant, identify a "most wanted Criminal," case highlights and more. If the information you want is not available on the website, you should request information from the appropriate component of the DOJ that you think have records you are interested in. The listing of department components can be found at http://www.justice.gov/oip/04_4.html. Many of these records do not require formal request and there is no specific form that the DOJ requires to request information but it should be in writing. Your request should be specific about which information you are after. Some components of the DOJ will accept electronic requests and faxes. Federal agencies are required to respond to requests within 20 business days and the time begins when the request is actually received. Under some circumstances though, the time period can be extended for 10 days. If additional time is required to fulfill your request, you will be contacted in writing. Usually there are no fees assessed for making requests. A few exceptions apply concerning search time and document duplication. You should include the amount you are willing to pay for services or the DOJ will assume you are willing to pay possible fees up to twenty five dollars for servicing records. If fees will be over this amount, you will be notified in writing.
In the interest of protecting your individual privacy when requesting your own personal records, you must fill out DOJ form 361, have your signature on your written request witnessed by a notary or include the following statement above your signature-"I declare under penalty of perjury that the foregoing is true and correct. Executed on [Date]." (Justice). Additionally, if you request information about another that may invade their privacy in any way you must have their written, witnessed consent or record of death.
More information is available at the Department of Justice homepage located on the web at www.usdoj.gov/foia.
Works Cited
Justice, Department of. Department of Justice Freedom of Information Act Reference Guide, January 2010. January 2010. 29 March 2010 <http://www.justice.gov/oip/referenceguide.htm#intro>.
Posts
