NOAA Records Demonstrate Expansion of Sensitive Review FOIA Procedures
By Ryan Mulvey, Cause of Action Institute, March 12, 2018
Newly Released Records Provide Details about NOAA’s Enhanced Sensitive Review
In an attempt to understand NOAA’s sensitive review practice, on December 11, 2017, we submitted a FOIA request to NOAA seeking access to all records about the agency’s practice of identifying “high visibility” FOIA requests, as well as its tracking of requests concerning the Trump transition. This week the agency provided an interim production of responsive records, and the records produced are helping us piece together just what the agency considers to be a high visibility request.
As noted, sensitive review refers to the practice of giving certain FOIA requests extra scrutiny, including by bringing political appointees into the review process. At the Department of Treasury during the Obama Administration, for example, a whole committee of political appointees—along with representatives from the agency’s public affairs, legislative affairs, and general counsel offices—availed themselves of the opportunity to review responsive records and delay disclosures. In the past, sensitive review has been used to target media requesters and frustrate the release of potentially embarrassing or politically-damaging agency records. It even prompted an investigation by the House of Representatives Committee on Oversight and Government Reform.
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