The Freedom of Information Act (FOIA)

• Gives you the right to request information from
various federal agencies.

• It is often described as the law that keeps
citizens in the know about their government.

How many exemptions are in the Freedom of Information Act?

Nine

Freedom of Information Act Exemptions

Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect certain interests.

The Freedom of Information Act Exemptions

FOIA 9 Exemptions

1. National Defense
2. Housekeeping Material
3. Material e\Exempted by Statute
4. Trade Secrets and Financial Patents
5. Working papers and lawyer-client privileged
documents
6. Personal Medical/Privacy files
7. Law Enforcement Records
8. Financial Institution Materials
9. Geological Data

Exemption 1
National Defense

Information that is classified to protect national security.

Exemption 2
Housekeeping Materials

Protects from disclosure material that is "related solely to the internal personnel rules and practices of an agency.

Information related solely to the internal personnel rules and practices of an agency.

Exemption 3
Material exempted By Statute

Information that is prohibited from disclosure by another federal law.

Exemption 4
Trade secrets or commercial or financial

Information that is confidential or privileged.

Exemption 5
Privileged communications within or between agencies,

including those protected by the:
Attorney-Work Product Privilege
Attorney-Client Privilege

Exemption 6
Personal privacy files

Information that, if disclosed, would invade another individual's personal privacy. Example medical information.

Exemption 7
Law enforcement records

On-going law proceedings
• Personal Privacy
• Confidential sources
• Techniques and procedures
Undercover Agents, etc...

Exemption 8
Information that concerns the supervision of financial institutions.

Exemption 9
Geological data

Information on wells.

Trade Secrets and Financial Patents

Trade Secrets V Patents

Trade Secrets
No registration or application
No maintenance fees
No public disclosure
Unlimited duration

Patents
Application and prosecution
Maintenance fees
Public disclosure
20 years from filling

personal privacy
national security National Defense
law enforcement.
Housekeeping
Trade Secrets and Financial Patents
Personnel and Medical Files
Undercover Agents
National Defense

National Security

Records fall under the exemption of national security if they are classified as confidential, secret or top-secret.

Internal Agency Rules and Procedures

This exemption related to internal agency rules is a housekeeping exemption. It covers records related exclusively to the practices of the agency itself: vacation policies, lunch break rules, parking space assignments and so on

Statutory Exemptions

This exemption stipulates that FOIA cannot override other laws that forbid the disclosure of certain information.

Trade Secrets

The private business information provided to various government agencies, which includes profit and loss statements, market share information and secret formulas and the like, is generally exempt from disclosure under FOIA.

Agency Memos

Protects agency memoranda, studies or drafts that are prepared and use internally to create final reports for policies

Personal Privacy

Self explanatory

Law-Enforcement Records

Records compiled within the context of law enforcement investigations maybe exempt. There are stipulations to this.

Financial Records

This exemption allows for nondisclosure of sensitive financial reports or audits

Geological Data

It is designed to prevent oil and gas exploration companies from obtaining information from federal agencies that can provide them with a competitive edge.

How is it necessary to hold the government to account?

By having acces to information from the government

What year is the freedom of information act?

2000

What does the act enshrine?

The principle that citizens have a right of access to government info.

What does transparency and openness enhace?

The accountability of government by revealing abuses of power

transparency and openness may?

Lead the government to act more responsibly given the enhanced likelihood of poor administration coming to light.

What does the act do?

Makes citizens participation in government better informed.

The principle of freedom of information is not what?

Absolute.

The act creates a general right to what!

Information

The act applied to how many authorities?

100,000

What was the government regarded as before the act?

A cult of secrecy

Before the act when was information given?

Only if disclosed by governmental ministers.

When was the last type of act relating to this subject and what was it?

No routine access o government files for over 30 year - public records act 1958.

Between what period was there an increased number of high profile secrecy scandals?

1980s and 1990s

Example of a secrecy scandal

Matrix Churchill 1993
And the scott inquiry into arms sales in Iraq.

What allows ministers to stop I for being disclosed?

Ministerial veto

The ministerial veto goes against?

Disclosed of info which would otherwise be disclosed under the act.

What was the ministerial veto used for?

The release of cabinet discussion concerning the decision to go to war in Iraq in 2003.

What does the act show a positive step towards?

Promoting greater transparency, accountability and understanding of the way in which public authorities work.

Why is the act criticised?

For casting in unduly narrow terms the right of access to information.

Another criticism of the act?

Exemptions to the general duty of disclosure are wider and more extensive than those found in comparable.

What does the ministerial veto allow?

The executive to always have the last word.

Since its introduction what has the act created?

An increase in the amount of information previously accessible.

What kind of embarrassing info have the government had to release?

MP expenses.

Why is the act considered restrictive?

Ministerial veto
To many exemptions

Why could it be said the act is a burden on the government?

Cost
Trivial requires.
Chilling effect