FOIA Advisor

FOIA News: New OGIS post on portal communications

FOIA News (2015-2023)Allan Blutstein1 Comment

Ensuring Effective Portal Communication with Requesters: Even When They’re on Vacation!

By Kimberlee N. Ried, FOIA Ombudsman, May 10, 2023

OGIS has observed recently that agencies are increasingly using portals to send response letters and records to requesters. OGIS applauds this approach as portals are faster than U.S. postal mail and more secure than email. However, OGIS encourages agencies to consider the length of time requesters have to access these letters and responsive records. We recently heard from a requester who was on vacation and when they returned, they were unable to access the agency’s FOIA response letter and responsive records which had been available in the portal for 10 days.

Read more here.

FOIA News: Senate confirms new Archivist

FOIA News (2015-2023)Allan BlutsteinComment

National Archives leader confirmed amid turmoil over Trump probe

By Farnoush Amiri, AP, May 10, 2023

President Joe Biden’s nominee to head the National Archives was confirmed Wednesday by the Senate after a months-long partisan battle over the agency’s role in the investigation into sensitive documents seized at Donald Trump’s Florida home.

Colleen Shogan, a political scientist, was confirmed as archivist of the United States in a 52-45 vote, gaining some bipartisan support after a nearly yearlong delay.

With a long career spanning work at institutions such as the Congressional Research Service, the Library of Congress and the White House Historical Association, Shogan has sought to assure senators she will not bring a partisan mindset to the job.

Read more here.

Court opinion issued May 8, 2023

Court Opinions (2015-2023)Allan Blutstein1 Comment

Am. Civil Liberties Union of Mass. v. ICE (D. Mass.) -- in cases concerning communications of seven agency officials regarding indictment of state judge and court officer for obstruction of justice, (1) denying agency’s renewed motion for summary judgment because it was prematurely filed and did not comport with local rules; and (2) ordering agency to provide additional information concerning its search for text messages on government-issued telephones.

Summaries of all published opinions issued since April 2015 are available here.

Court opinion issued May 3, 2023

Court Opinions (2015-2023)Allan BlutsteinComment

Cato Inst. v. DOD (D.D.C.) -- holding that plaintiff’s request for “any records from any . . . component pursuant to” Directive 5300.27 was not reasonably described, and rejecting plaintiff’s attempt in litigation to reframe the scope of its request; further rejecting plaintiff’s argument that the Department failed to notify plaintiff that its request was too vague, as required by Department regulations.

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: CFO Council Publishes White Paper on FOIA Reference Model

FOIA News (2015-2023)Ryan MulveyComment

New White Paper On FOIA Reference Model From Chief FOIA Officer Council Technology Committee’s Working Group

Dep’t of Justice, Office of Info. Pol’y (May 3, 2023)

A white paper issued by the Chief FOIA Officer (CFO) Council Technology Committee’s FOIA Reference Model Working Group has been posted to FOIA.gov.  The white paper highlights work done to create a Reference Model of the FOIA process and describes possible uses for the model.  The FOIA Reference Model, created by the MITRE Corporation (MITRE), provides a detailed summary and mapping of common FOIA functions across agencies.  The Technology Committee’s FOIA Reference Model Working Group reviewed the model for consistency with the FOIA statute, agency regulations, Office of Information Policy guidance, Office of Government Information Services findings, and recommendations from the FOIA Advisory Committee.  The FOIA Reference Model itself is publicly available on MITRE’s website.

The FOIA Reference Model Working Group white paper outlines the possible uses for the FOIA Reference Model, which include:

  1. Helping agencies to articulate their needs and helping vendors understand agencies’ needs when developing FOIA technologies;

  2. Serving as a resource to facilitate assessment of FOIA programs to identify gaps or opportunities for improved efficiency, review standard operating procedures, and define staff roles within stages of the FOIA process; and,

  3. Increasing stakeholder knowledge of the intricacies of the FOIA process.

Agency FOIA professionals, agency FOIA leadership, FOIA technology developers, and members of the public are encouraged to review this white paper and the FOIA Reference Model and to use these tools to improve FOIA processes and technologies that may increase efficiency for FOIA programs.

For additional information about the CFO Council’s work, visit the Council’s page on FOIA.gov.

Read the original post here.

FOIA News: OIP Releases Summary of FY 2022 FOIA Reports

FOIA News (2015-2023)Ryan MulveyComment

Summary of Fiscal Year 2022 Annual FOIA Reports Published

Dep’t of Justice, Office of Info. Pol’y (May 3, 2023)

The Office of Information Policy (OIP) has released its Summary of Annual FOIA Reports for Fiscal Year (FY) 2022.  This summary provides an overview of FOIA activities across the government during the previous fiscal year, looks at key statistics in FOIA administration, and identifies trends in FOIA processing.  Each summary serves as a resource for both agencies and the public to gain an understanding of overall FOIA administration.

As highlighted in this year's summary, the government received over 928,300 requests during FY 2022 – the highest number of requests ever received.  Agencies responded to this demand by processing a record-setting 878,420 requests and continuing to receive and process over 15,400 administrative appeals.  Agencies also reported a significant increase in required proactive disclosure postings during the fiscal year as compared to FY 2021.   

OIP's latest summary is available on its Reports page, where it can be compared with previous summaries dating back to FY 2006.  As previously announced on March 2, 2023, all agencies subject to the FOIA finalized their FY 2022 Annual FOIA Report data.  This information can be easily viewed, compared, and analyzed on FOIA.gov's Data page.  Subscribe to FOIA Post email updates to receive additional FOIA updates from OIP.

Read the original post here.

FOIA News: Nat'l Foundation on Arts & Humanities rescinding FOIA regulations

FOIA News (2015-2023)Allan BlutsteinComment

The National Foundation on the Arts and the Humanities has proposed to abolish its FOIA regulations, because it maintains no agency records and its three constituent agencies—the National Endowment for the Arts, the National Endowment for the Humanities, and the Institute of Museum and Library Services—already have their own agency-specific FOIA regulations. The Foundation’s proposed rule was published in the Federal Register on May 3, 2023, and the public comment period will remain open through June 2, 2023.

FOIA News: SCOTUS won't hear dispute over meaning of "agency record"

FOIA News (2015-2023)Allan BlutsteinComment

Supreme Court Won’t Take Up Petition Over Agency Records In FOIA Requests

Lexis Legal News, May 1, 2023 

An investigative journalist’s questions over when a document is considered an “agency record” that is exempt from disclosure under the Freedom of Information Act (FOIA) will go unheard by the U.S. Supreme Court, which denied the petition for certiorari in its May 1 order list.

Read more here (access with free registration)

P.S. The Behar decision in the Second Circuit was among our top ten FOIA decisions of 2022.

FOIA News: Federalist Society hosts panel on FOIA

FOIA News (2015-2023)Ryan MulveyComment

Earlier this week, as part of its annual Executive Branch Review Conference, the Federalist Society hosted a panel entitled “$64,000 Questions — Obtaining Information from the Executive Branch.” The panel featured:

  • Gary Lawkowksi (Counsel, Dhillon Law Group)

  • Ryan Mulvey (Policy Counsel, Americans for Prosperity Foundation; President, American Society of Access Professionals; Contributor, FOIA Advisor)

  • Alina Semo (Director, Office of Government Information Services, National Archives and Records Administration)

  • Katie Townsend (Deputy Executive Director and Legal Director, Reporters Committee for Freedom of the Press)

A video of the panel, which was moderated by Judge Stephen Vaden of the U.S. Court of International Trade, is available here.

FOIA News: FOIA tips from journalists

FOIA News (2015-2023)Allan BlutsteinComment

On May 10, 2023, New York University’s School of Journalism is hosting a free, in-person panel discussion on obtaining access to federal and New York public records. Speakers include Sandra Peddie, Newsday, multi-award winner on police corruption; Mark Walker, New York Times, Pulitzer winner and Times FOIA coordinator; Charlies Seife, Scientific American contributor and NYU journalism professor, Big Pharma/FDA investigator; and Matthew Leish, Esq., First Amendment lawyer repping Daily News and more. See here for more details.