freedom of information act
DESCRIPTION
Freedom of Information Act. Balancing the right to know and privacy rights in the computer age. FOIA passed in 1966. Rumsfeld (right, with Cheney) was a big supporter of FOIA as a young congressman. Provisions of FOIA. Applies to entire executive branch of the federal government - PowerPoint PPT PresentationTRANSCRIPT
Freedom of Information Act
Balancing the right to know and privacy rights in the computer age
FOIA passed in 1966
Rumsfeld (right, with Cheney) was a big supporter of FOIA as a young congressman
Provisions of FOIA
• Applies to entire executive branch of the federal government
• Does not apply to the president or his immediate staff
• Does not apply to Congress or the judiciary
Exemptions
1. National security
Exemptions
3. Laws that forbid the release of certain information, such as tax returns
Exemptions
5. Internal agency memos and policy discussions
Exemptions
6. Personal privacy
Exemptions
7. Information compiled for law-enforcement purposes
Using FOIA
• First, try the informal route• Good examples near end of Chapter 6• FOIA letter-generator is at:– www.rcfp.org/foi_letter/generate.php
Department of Justice v. Reporters Committee (1989)
• Shows how computers have changed attitudes regarding public records
• In 1978 Robert Schakne of CBS News sought rap sheets of Medico family, tied to corrupt Pennsylvania congressman, Daniel Flood
• Department of Justice said “no”
Judge Laurence Silberman• Public records
should be available to the public
• Must assume it’s for the public good
• FOIA is for everyone, not just the press
Justice John Paul Stevens• Reverses
Silberman, finds that not all public records must be disclosed
• Vote is 9-0• Makes two key
findings
Invasion of privacy• Just because rap sheets are public
records doesn’t mean they’re easily available
• Reporters Committee takes “a cramped notion of personal privacy”
• “Vast difference” between scattered records and a computerized compilation
An unwarrantedinvasion of privacy
• What is the purpose of the FOIA?• An invasion of privacy may be
warranted if it sheds light on the actions of the government
• An invasion of privacy is unwarranted if it merely sheds light on the actions of an individual
Jane Kirtley of RCFP• “It says that today
something may be a public document but tomorrow it's not because it's on a computer tape”
• ACLU on the other side