FOIA-Related Lawsuits Not Triggering Discipline, Says GAO

FedWEEK, Mar. 21, 2018

The Freedom of Information Act allows requesters to sue an agency in federal court if they are dissatisfied with the agency’s responsiveness but such suits are not resulting in referrals to the Office of Special Counsel to initiate disciplinary actions against the federal employees involved, GAO has found.

The FOIA law allows suits if the agency does not respond to a request for information within the statutory time frames or if the requesters believe they are entitled to information that is being withheld by the agency. In certain circumstances the court must make a referral to the OSC, which then may recommend discipline that the employing agency would have to carry out.

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