Is the Freedom of Information Act Broken? Background, Perspectives and Recommendations

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Act allows any personindividual or corporate, citizen or notto request and obtain existing, identifiable, and unpublished agency records on any topic.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.