The FAA accidentally disclosed more than 2,000 flight records associated with Jeffrey Epstein's private jets
By Angela Wang, Business Insider, Nov. 29, 2021
Insider requested all flight-history data associated with four planes owned by Jeffrey Epstein. The FAA rejected the request but later provided the records in response to an unrelated request. The new FAA records include hundreds of previously unknown flights made by Epstein's jets.
Read more here.
Wait what? FDA wants 55 years to process FOIA request over vaccine data
By Jenna Greene, Reuters, Nov. 18, 2021
Freedom of Information Act requests are rarely speedy, but when a group of scientists asked the federal government to share the data it relied upon in licensing Pfizer’s COVID-19 vaccine, the response went beyond typical bureaucratic foot-dragging.
As in 55 years beyond.
That’s how long the Food & Drug Administration in court papers this week proposes it should be given to review and release the trove of vaccine-related documents responsive to the request. If a federal judge in Texas agrees, plaintiffs Public Health and Medical Professionals for Transparency can expect to see the full record in 2076.
Read more here.
Tech Improvements That Can Help Gov't Tackle FOIA Backlog
By Ken Koch & Erica Spector, Law360, Nov. 17, 2021
As the number of Freedom of Information Act requests submitted to the federal government continues to grow, so does the cost to the government. The Congressional Research Service notes that current prioritization of pandemic-related requests, remote work, and an inability to coordinate requests have increased existing backlog, and caused federal agencies to process significantly fewer FOIA requests in longer times in fiscal year 2020 than in fiscal year 2019.
Read more here (accessible with free trial).
Associate Attorney General Vanita Gupta Delivers Remarks at the Chief FOIA Officers Council Meeting
DOJ, Justice News, Nov. 17, 2021
Good morning and thank you for joining us for today’s Chief FOIA Officers Council meeting. On behalf of the Department of Justice, I would like to welcome all the Chief FOIA Officers and agency FOIA officials to our Fall FOIA Officer Council meeting. I also want to welcome the members of the public joining us today.
At the Department of Justice, we take very seriously our responsibility of transparency and accountability through faithful compliance with the Freedom of Information Act. In his first week in office, Attorney General Garland recognized the importance of the mission of FOIA at the Department of Justice’s Annual Sunshine Week Event. The Attorney General noted that, “without accountability, democracy is impossible. And democratic accountability requires the kind of transparency that the FOIA make
Read more here.
The American Bar Association’s 2021 administrative law conference will include a FOIA panel on November 18, 2021. The speakers will be Margaret Kwoka, Professor, Moritz College of Law, Ohio State University; Bobak Talebian, Director, Office of Information Policy, U.S. Department of Justice; Nikhel Sus, Senior Counsel Complaints & Litigation, Citizens for Responsibility and Ethics in Washington; and Danielle Schulkin, Attorney Advisor, Administrative Conference of the United States. The virtual live program will run from 10:45am to 12:15 pm. Registration information is available here.
The federal government’s FOIA portal FOIAonline is offline for scheduled maintenance until Monday, November 15, 2021.
The Chief FOIA Officers Council will meet virtually on November 17, 2021, from 10 am to 12:30pm. Registration information is available here.
CARDIN, LEAHY, RASKIN INTRODUCE LEGISLATION TO IMPROVE TRANSPARENCY FOR PRISONERS AND DETAINEES IN PRIVATE FACILITIES
Press Release, Office of U.S Senator Jamie Raskin, Nov. 4, 2021
U.S. Senators Ben Cardin (D-Md.) and Patrick Leahy (D-Vt.) and Congressman Jamie Raskin (D-Md.) today introduced legislation to require that government agencies comply with Freedom of Information Act (FOIA) requests relating to private prisons, jails or detention facilities, including immigration detention facilities. The Private Prison Information Act (S. 3164/H.R. 5853) is essential for holding detention facilities accountable.
See more here.
Pandemic Increased Backlog of FOIA Cases, Report Says
By FEDweek, Nov. 1, 2021
The pandemic contributed to an increase in the backlog of Freedom of Information Act requests pending in federal agencies, the Congressional Research Service has said.
The backlog of requests that have not received an initial agency response within the law’s timeframes rose from about 120,000 to about 142,000 from fiscal 2019 to 2020, while the pending backlog of appeals of denials remained about flat at about 5,100.
Read more here.
High Court FOIA Bout Could Expose IRS Contractor Work
By Amy Lee Rosen, Law360, Oct. 27, 2021
The IRS' ability to shield work by outside contractors from disclosure could be undermined if the U.S. Supreme Court reviews a would-be air traffic controller's Freedom of Information Act case against the Federal Aviation Administration and rules against the government.
In a divided en banc decision in March, the Ninth Circuit said documents requested under FOIA by rejected air traffic control candidate Jorge Alejandro Rojas were exempt from release even though they were generated by a third-party consultant. The court reasoned that the "consultant corollary doctrine," a theory adopted by seven circuit courts so far that prevents items from being shared under FOIA, extends to privileged documents prepared by private, outside consultants.