March 18th, 2019 
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FOIA laws
• List and discuss the technical requirements for public reporting by federal agencies. • List the main features of the Freedom of Information Act and discuss the issues related to contemporary execution of the Act. • Discuss the main features of the Privacy Act of 1974, as well as contemporary issues in implementation. • Articulate the meeting standards required of public decision-making bodies covered under the Federal Advisory Committee Act and the Sunshine in the Government Act. • Discuss the major provisions of whistleblowing acts and the challenges for those taking this difficult course of action. Public Reporting and Freedom of Information
What are the five types of information that agencies must publish in the Federal Register?
What are the types of information that the agencies must provide for public inspection and copying?
Does it include communications on computers?
What must the agency do if it deletes information?
Does the requester have the right to request a preferred format?
Who assists the agencies in determining a uniform schedule of fees?
Can fees be charged for review of documents in the search process?
Can fees be differentiated between those that are sought for public and scholarly purposes versus those that are sought for commercial purposes?
When courts intercede, can they review records in camera? (NOLO: “Latin for “in chambers.” A legal proceeding is “in camera” when a hearing is held before the judge in her private chambers or when the public is excluded from the courtroom. Proceedings are often held in camera to protect victims and witnesses from public exposure, especially if the victim or witness is a child. There is still, however, a record made of the proceeding, typically by a court stenographer. The judge may decide to seal this record if the material is extremely sensitive or likely to prejudice one side or the other.”)
Can an agency require advance payment for FOIA requests?
What is the appeal process?
Does the agency pay attorney fees if its denial is overturned?
What is the process of reprimand for those who inappropriately deny information to the public?
What is the initial timeframe for notifying someone making a request whether it will be denied?
If the information collection timeline will exceed agency guidelines, what must the agency do?
What constitutes “unusual circumstances” in terms of taking longer to process request
Is expedited processing allowed, and if so, when?
Can federal agencies make FOIA requests of one another? (Rosenbloom)
Does the agency have to deny requests if they fall within the exemptions? (Rosenbloom)
Are telephone message slips considered agency records within FOIA? (Rosenbloom) 21. Are the particular appointment calendars, as opposed to agency agendas, considered agency records within FOIA? (Rosenbloom)
How many exemptions are there?
Does an agency have to confirm the existence of a record under the national security exemption? (Rosenbloom)
Rosenbloom suggest that exemption 2 covers less than it would suggest. Does it generally include personal evaluations? See link. Link: public employee evaluations
Can other statutes deny disclosure to certain types of information? 26. Commercial requests are actually some of the most common FOIA requests. Businesses try to get as much information about competitors as possible. What must agencies do if sensitive business information is requested related to a specific company? (Rosenbloom)
The inter-agency and intra-agency exemption is not immediately understandable. What types of information are really excluded? (Rosenbloom)
What is the important qualifying phrase for personnel and medical files?
What types of agencies are covered by exemption 7?
What types of commercial entities are covered by exemption 8?
What types of commercial entities are covered by exemption 9?
Are there more or less than 10,000 requests of the Department of Justice each year? (Rosenbloom)
How many appeals does the Department of Justice hear for FOIA requests alone? (Rosenbloom)
Who collects reports from the agencies regarding FOIA requests?
Questions 1. Does the Privacy Act apply to corporations, associations, and other organizations? (Rosenbloom) 2. What is a matching program? (a) 3. What are the exceptions for the requirement of written consent? (b) 4. If an agency releases records under its control, what must it do? 5. How long does an agency have to respond to a request for an amendment to an individual’s record? (d) 6. If an agency refuses to make an amendment, what can an individual do? (d) 7. What is the major underlying principle that must be used in the collection of data? (e) 8. What must an agency do when any record on an individual is made available to any person under compulsory legal processes when such process becomes a matter of public record? (e) 9. What do allowable fees include? (f) 10. Has much litigation been spawned by the Privacy Act? (Rosenbloom) 11. What is the maximum penalty for those who knowingly violate the Privacy Act? (i) 12. Can an individual’s name and address be sold or rented by an agency? (n) 13. In U.S. Department of Defense v. Federal Labor Relations Authority (1994), what did the Supreme Court hold with regard to releasing addresses of employees to an authorized union group representing the employees? (Rosenbloom) 14. What types of procedures or standards does an agency have to employ when using matching programs? (p) 15. What is the name of the board that each agency must have that reviews matching programs? (u) 16. Who has general oversight over the agencies in terms of privacy provisions and reporting to the President?
1. How many members are required to constitute an open meeting? 2. Does the open meeting law require disclosure of classified information? 3. Does the open meeting law exempt solely internal personnel rules and practices? 4. Is it possible for other statutes to specifically exempt information from disclosure? 5. Are trade secrets and financial information from individuals generally exempted from disclosure? 6. Is formal censure of a person exempted? 7. Are investigatory records compiled for law enforcement exempted? 8. Do financial institutions (in terms of the information gathered for their supervision) have special exemptions? 9. Is there a premature disclosure exemption in the federal statute? 10. When can a meeting be closed and who must authorize it? 11. Does this exempt the agency from maintaining a transcript? 12. Does a violation of an open meeting law generally allow Federal courts to set aside decisions made in those meetings? 13. Does the open meeting law allow for the withholding of certain types of information from Congress? Whistle-blower Protection
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