Want to know how many tickets the police issued to drivers for texting while driving?
Or perhaps you are a journalist trying to understand why a long-time government employee retired so suddenly.
In the United States, anyone can use the Freedom of Information Act (FOIA) to request public records from the government, whether they are emails, electronic messages, police reports, expense reports, or other government documents.
The law, which came into effect in 1967, requires federal, state, and local government agencies to disclose requested information unless it falls under specific exemptions, such as personal privacy or national security.
The FOIA ushered in a new era of government transparency. Before the FOIA, there was no formal process for requesting records. Government agencies cooperated under the Administrative Procedure Act of 1946, says Mark S. Zaid, a long-time FOIA attorney.
“The whole premise of the FOIA is to find out what the government is doing,” says Zaid. “The best way for a government to operate is in the light of day. And the public can make informed decisions about who we want in elected positions and what policies we want the government to adopt if we know what is happening behind the scenes.”
Under FOIA rules, a written request is sent to the agency that holds the relevant information. Response requirements vary between states and cities.
The federal government is required to respond within 20 business days, barring unusual circumstances. The deadline generally starts counting as soon as the responsible government agency receives the request.
If the government—federal, state, or local—denies the request, the requester has the right to appeal the decision in court.
According to the Department of Justice, the federal government received 790,688 FOIA requests in fiscal year 2020. This represents a decrease from the 858,952 received the previous year.
The U.S. Department of Homeland Security received the highest number of inquiries—397,671—followed by the U.S. Department of Justice, which processed 86,729 requests.
Although the law was created with journalists in mind, anyone can use it, including representatives of commercial enterprises.
Why would companies want to know what the government is doing? It’s probably about the market, explains Zaid. Large companies, in particular, want to know everything they can about their competitors.
Source: share.america.gov, By Lenore T. Adkins