Monday, January 31, 2011

Does the Freedom of Information Act still work?

If anyone is reading this, then your probably familiar with my older post back in 2009/10 on my blog in which I sent an Freedom of Information Act (FOIA) request to the Central Intelligence Agency (CIA) requesting records on myself just out of curiosity. Since then I have sent FOIA requests to the Federal Bureau of Investigation (FBI) and the Office of the Director of National Intelligence (ODNI).

Not suprisingly, both requests resulted in a "neither confirm nor deny" response under the infamous Freedom of Information Act Exemptions. These exemptions are to act as 'safeguards' to protect information, which for example could affect things such as national security (Exemption 1) from being released if such information is properly classified and protected under an Executive Order from being released or the existence of which even be acknowledged (hence the "neither confirm nor deny" response which I have found out many FOIA requesters who publish their results on Internet forums and websites receive when requesting certain documents or records.

There are at least nine (9) Exemptions. These exemptions can be read in detail on the Wikipedia article for the Freedom of Information Act. Feel free to read, just follow this link (thank you Wikipedia by the way). http://en.wikipedia.org/wiki/Freedom_of_Information_Act_(United_States)

One of the things I and probably many people will know when filing a FOIA request is usually when you do happen to receive a response which is usually within the 20 days that is required under statute for the Agency or Department to respond, most of the time requests are protected from release under one of the nine exemptions, which can be frustrating particularly if you believe the information your requesting probably isnt interesting or worthy enough even to be restricted from release. This sort of thing has occurred more frequently post-Sept 11, 2001, which is fair enough if the information your requesting must remain protected from release.

But many I imagine have probably debated on forums and other websites about whether there is too much information is being overprotected from release. I think we all remember when President Obama in one of his first acts as President after being sworn in back in '09 released the Freedom of Information Act Memorandum which would encourage greater openess and transparency.

While the Memorandum may sound as sweet as sugar about encouraging openess and transparent government, if you take the time to look at most people's results of recent FOIA requests for information on a wide-range of topics and subjects, most of the time the request is denied under one of the exemptions or there is a "neither confirm nor deny the existence or non-existence" response, or even a "no records" response which is common with most FOIA requests sent to the FBI according to FOIA request results posted on the Internet.

I think many people who have sent an FOIA request and were unsuccessful would agree that perhaps its time for the U.S. Government to review the Freedom of Information Act and the 9 Exemptions. The reason would be to ensure that the FOIA is fulfilling its main function to ensure the "freedom" of information. To ensure that the public's right-to-know is fulfilled as often as possible.

Yes, it is true some information must be protected from release in order to protect national security, etc. etc. But there needs to be a proper balance between what information can be released and what cannot be released. Because without the freedom of information, then there is no freedom, is there? I think the public deserves greater access to information, careful greater access of course, but there should be greater disclosure and greater openess to more information I believe. Particularly if the release of such information is in the public interest and outweighs the need to keep the information from being released.

I hope in the future there will be greater openess and transparency and I hope the Freedom of Information Act will always be around to ensure that the "freedom" of information and the public's right-to-know will continue. I would like to believe that openess will always prevail over secrecy.

One of my favorite quotes about the freedom of information is by Abraham Lincoln. "Let the people know the facts, and the country will be safe." -- Abraham Lincoln

Thanks for reading this article. Cheers. Mr. ?