04 May DOES THE AGENCY PAY ATTORNEY FEES IF ITS DENIAL IS OVERTURNED?
What are the five types of information that agencies must publish in the Federal Register?
2. What are the types of information that the agencies must provide for public inspection and copying?
3. Does it include communications on computers?
4. What must the agency do if it deletes information?
5. Does the requester have the right to request a preferred format?
6. Who assists the agencies in determining a uniform schedule of fees?
7. Can fees be charged for review of documents in the search process?
8. Can fees be differentiated between those that are sought for public and scholarly purposes versus those that are sought for commercial purposes?
9. When courts intercede, can they review records in camera? (NOLO: “Latin for “in chambers.” A legal proceeding is “in camera” when a hearing is held before the judge in her private chambers or when the public is excluded from the courtroom. Proceedings are often held in camera to protect victims and witnesses from public exposure, especially if the victim or witness is a child. There is still, however, a record made of the proceeding, typically by a court stenographer. The judge may decide to seal this record if the material is extremely sensitive or likely to prejudice one side or the other.”)
10. Can an agency require advance payment for FOIA requests?
11. What is the appeal process?
12. Does the agency pay attorney fees if its denial is overturned?
13. What is the process of reprimand for those who inappropriately deny information to the public?
14. What is the initial timeframe for notifying someone making a request whether it will be denied?
15. If the information collection timeline will exceed agency guidelines, what must the agency do?
16. What constitutes “unusual circumstances” in terms of taking longer to process requests?
17. Is expedited processing allowed, and if so, when?
18. Can federal agencies make FOIA requests of one another? (Rosenbloom)
19. Does the agency have to deny requests if they fall within the exemptions? (Rosenbloom)
20. Are telephone message slips considered agency records within FOIA? (Rosenbloom)
21. Are the particular appointment calendars, as opposed to agency agendas, considered agency records within FOIA? (Rosenbloom)
22. How many exemptions are there?
23. Does an agency have to confirm the existence of a record under the national security exemption? (Rosenbloom)
24. Rosenbloom suggest that exemption 2 covers less than it would suggest. Does it generally include personal evaluations? See link.
Link: public employee evaluations
25. Can other statutes deny disclosure to certain types of information?
26. Commercial requests are actually some of the most common FOIA requests. Businesses try to get as much information about competitors as possible. What must agencies do if sensitive business information is requested related to a specific company? (Rosenbloom)
27. The inter-agency and intra-agency exemption is not immediately understandable. What types of information are really excluded? (Rosenbloom)
28. What is the important qualifying phrase for personnel and medical files?
29. What types of agencies are covered by exemption 7?
30. What types of commercial entities are covered by exemption 8?
31. What types of commercial entities are covered by exemption 9?
32. Are there more or less than 10,000 requests of the Department of Justice each year? (Rosenbloom)
33. How many appeals does the Department of Justice hear for FOIA requests alone? (Rosenbloom)
34. Who collects reports from the agencies regarding FOIA requests?
FOIA agency report: see this link for the agency reports and who collects them
(HTM)
Example of an agency FOIA report: Department of Agriculture
(PDF)
Privacy
Juxtaposed against freedom of information, is the need to provide privacy to individuals. It is important to ensure that agencies do not collect inappropriate information in the first place, that they manage it carefully, that they allow access to individuals affected to ensure accuracy, and they allow disclosure along closely monitored lines. The Privacy Act of 1974 (with subsequent amendments), ensures these principles in Section 552a.
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