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Electronic Freedom of Information Act

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The Electronic Freedom of Information Act (E-FOIA) Amendments of 1996 are a set of federal amendments to the Freedom of Information Act (FOIA) of 1966. These amendments required administrative agencies to include electronic documents within the scope of FOIA requests, to endeavor to respond to FOIA requests electronically, and to create digital reading rooms in order to provide the public with electronic access to commonly requested agency documents. The legislation was signed into law by President Bill Clinton (D) on October 2, 1996.[1][2]

Background

See also: Freedom of Information Act

U.S. Senator Patrick Leahy (D-Vt.) sponsored the Electronic Freedom of Information Act Amendments (E-FOIA) of 1996. The legislation aimed to update the Freedom of Information Act (FOIA) of 1966, which allowed members of the public to request access to certain information maintained by federal government agencies but did not include specific provisions for electronic documents. The amendments sought to bring FOIA into the digital age by clarifying that FOIA also applied to electronic records in addition to physical documents maintained by federal government agencies. E-FOIA required agencies to create digital records for all FOIA-applicable documents created after November 1, 1996, and mandated that agencies endeavor to respond to FOIA requests electronically. The amendments also required agencies to make frequently requested information available to the public online through the creation of virtual reading rooms and implemented procedural changes for agencies when responding to FOIA requests.[3][4]

President Bill Clinton (D) signed E-FOIA into law on October 2, 1996. "Our country was founded on democratic principles of openness and accountability, and for 30 years, FOIA has supported these principles," said Clinton in a statement upon signing the legislation. "Today, the Electronic Freedom of Information Act Amendments of 1996 reforges an important link between the United States Government and the American people."[5]

Provisions

Public inspection of electronic documents

The Electronic Freedom of Information Act Amendments (E-FOIA) of 1996 required federal agencies to make certain electronic records—in addition to physical documents—available for public inspection pursuant to the Freedom of Information Act (FOIA). E-FOIA specifically included electronic documents in the definition of "records" under U.S. Code § 552(f)(2):[6]

“ (2) 'record' and any other term used in this section in reference to information includes—
(A) any information that would be an agency record subject to the requirements of this section when maintained by an agency in any format, including an electronic format; and
(B) any information described under subparagraph (A) that is maintained for an agency by an entity under Government contract, for the purposes of records management.[7][8]
 ”

E-FOIA also included the following provision, U.S. Code § 552(a)(3)(C), encouraging agencies to respond to FOIA information requests electronically:[6]

“

(C) In responding under this paragraph to a request for records, an agency shall make reasonable efforts to search for the records in electronic form or format, except when such efforts would significantly interfere with the operation of the agency's automated information system.[7][8]

”

Electronic reading rooms

E-FOIA added subsection (D) to U.S. Code § 552(a)(2) creating electronic agency reading rooms in order for the public to access frequently requested agency information online:[6]

“

(2) Each agency, in accordance with published rules, shall make available for public inspection and copying--

(A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; and
(C) administrative staff manuals and instructions to staff that affect a member of the public;
(D) copies of all records, regardless of form or format, which have been released to any person under paragraph (3) and which, because of the nature of their subject matter, the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records; and
(E) a general index of the records referred to under subparagraph (D);[7][8]
 ”

The amendments also required agencies to create digital files for all FOIA-applicable documents processed after November 1, 1996, and to make these files available for public inspection in the agency's electronic reading room.[6]

Response times

E-FOIA extended the time limits for agencies to respond to FOIA requests from 10 to 20 days. In his statement upon signing the legislation, President Clinton noted that limited resources at the time had made it difficult for agencies to respond to FOIA requests within 10 days. E-FOIA also included provisions allowing agencies to communicate with individuals who request large amounts of information and work together to either modify the request or develop an alternative timetable to improve agency responsiveness.[6]

See also

External links

Footnotes

  1. ↑ U.S. Office of Personnel Management, "Our Inspector General - ELECTRONIC FREEDOM OF INFORMATION ACT," accessed February 12, 2018
  2. ↑ Federal Communications Commission, "FOIA," accessed February 12, 2018
  3. ↑ Electronic Frontier Foundation, "History of FOIA," accessed February 13, 2018
  4. ↑ U.S. Department of Commerce, "Electronic FOIA," accessed February 13, 2018
  5. ↑ The White House—Office of the Press Secretary, "Statement by the President," October 2, 1996
  6. ↑ 6.0 6.1 6.2 6.3 6.4 U.S. Department of Justice, "FOIA UPDATE: CONGRESS ENACTS FOIA AMENDMENTS," accessed February 13, 2018
  7. ↑ 7.0 7.1 7.2 U.S. Department of Justice, "FOIA UPDATE: THE FREEDOM OF INFORMATION ACT, 5 U.S.C. SECT. 552, AS AMENDED BY PUBLIC LAW NO. 104-231, 110 STAT. 3048," accessed February 12, 2018
  8. ↑ 8.0 8.1 8.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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