FOIA Online goes live; new tool to track FOIA requests, responses

Journalists who regularly use the federal FOIA will complain bitterly about lost requests, long delays and agency responses that give no indication whether and when the agency will actually turn over documents.  But a new system that went live October 1 promises to make it easier on agencies and requesters alike to keep track of requests and make the FOIA process more efficient.

The new system, called FOIA Online, allows anyone to search pending FOIA requests and documents already released as the result of previous FOIA requests, submit a new FOIA request to an agency, track requests, see the status of any request and receive agency correspondence and documents all within the new system. And for FOIA geeks like us, it provides anyone the ability to search the tracking data, identify trends and keep tabs on how well (or poorly) any agency is fulfilling its obligations under FOIA.  We also hope it’s a useful tool for government folks responsible for keeping the FOIA responses flowing to find and fix the bottlenecks that slow FOIA responses.

‘Predacting’ information

Predact isn’t a word. But it should be.

Here’s my definition:

Pre*dact’ — From reductio (compressing, editing):Redacting information that is not releasable under open government law (such as FOIA) in anticipation of public disclosure (and prior to a request for public release).

(Hey, if Sarah Palin can make up words, we can, too.)

For 4th of July, Celebrate America’s Transparency

This weekend, we are mindful of the historical significance of the Fourth of July as well as some more recent traditions and celebrations, such as the 44th anniversary of FOIA’s establishment on July 4, 1966. With that in mind, we have combed our “FOIA Files” entries to remind our readers and ourselves of the democratic values and ideas we hold dear, and how FOIA helps us uphold them.

Agencies trend toward withholding upon appeal reverses course in 2009

First, look at this chart compiled by friend of SGI and master FOIA data analyst Pete Weitzel.

It’s pretty.  But it also clearly shows agencies responded more positively to FOIA appeals (not requests) by releasing more information in full or in part.  And note also that fewer appeals were completed in 2002 to 2006  compared with the years before and after.  And in those years, there were fewer rejected FOIA appeals (with the partially and fully granted requests lower than in other years but not by much).

Two theories may explain this trend.  This may be a clear reflection of administration priorities.  Appeals are heard by upper-level agency counsel or more senior managers, and managers simply may not have responded to as many appeals.  It also may reflect a calculation by requesters that their apeals will not be successfully, so more requesters whose appeals would be rejected do not file them at all.

But interestingly, the trend started in 2008.  Did the increased attention to FOIA in Congress or the 2005 executive order spur agencies to look at their FOIA operations and plan improvements that are now paying off?  That may be.  This is the kind of suggestive data that spurs debates about how to improve FOIA without giving much insight into the cause of the shift.

Paring the annual report data with interviews with agency personnel and outside audits will give better insights into how to improve the system.  Otherwise, agencies will be putting out data that is of little value.

We’re hoping the Office of Government Information Services will be able to conduct studies and analyses that bring together performance trends with the problems requesters are facing (and bringing to OGIS for mediation) and the access to the FOIA officials to give clear insights into how FOIA really functions and what practical changes will improve agency readiness to handle FOIA inquiries.

Senate Approves FOIA Delays Commission, Adds Momentum to Improving FOIA

The Senate yesterday passed legislation (S. 3111) that would create a commission to study delays and other problems with the Freedom of Information Act (FOIA).

“This legislation adds momentum to get to the bottom of FOIA’s longstanding limits,” said Rick Blum, coordinator of the Sunshine in Government Initiative. “Too often the first advice to getting information from government is, ‘Avoid FOIA if you can.’ FOIA should help people obtain the information they seek from our government in a timely manner. While FOIA is vital to ensuring transparency when it’s inconvenient or embarrassing, using FOIA can be slow and unreliable. We hope this study will find ways FOIA can work better for agencies and the public. We applaud Senate Judiciary Committee Chairman Patrick Leahy (D-VT) and Senator John Cornyn (R-TX) for their longstanding efforts to make FOIA work better.”

The Congress and executive branch have recently focused on improving FOIA.

In 2007, Congress enacted amendments that created the Office of Government Information Services (OGIS) within the National Archives and Records Administration to mediate FOIA disputes and recommend improvements to FOIA, improve incentives for federal agencies to avoid open records lawsuits and require agencies to track more information about their own FOIA compliance.

Congress has held several hearings in the past year to keep tabs on OGIS as it starts up and take the pulse of FOIA.

Earlier this year, the Justice Department announced it would create a FOIA Dashboard to help the public view agency FOIA performance and track improvements in agency operations.

The House of Representatives must still take up the legislation.

For more on the legislation, see Sen. Leahy’s statement and Senator Cornyn’s release.