The FOIA Ombudsman

The FOIA process, as with much in life, provides an opportunity to give our actions a second look. After all, most of us don’t file a major report without asking someone to proofread for errors, right? Or walk out the door without one last check in the mirror? FOIA directs that requesters can appeal “any [...]

It’s back-to-school time—you can practically hear the rumbling of school buses and smell the new No. 2 pencils. As students across the country turn their focus from the swimming pool and summer camp toward reading, writing and ‘rithmetic, what better time for us to revisit some FOIA requester basics? FOIA requesters frequently contact OGIS for [...]

The administrative appeal process is an integral part of FOIA. Federal agencies received almost 10,000 FOIA appeals in the year ending September 30, 2010. FOIA sets forth two requirements pertaining to the appeal process: (1) agencies must notify requesters of the right to appeal any adverse determination; and (2) agencies must make a determination with [...]

This is an excerpt from an actual FOIA appeal response letter: Dear [name redacted], Reference is made to your letter to the [agency]…regarding the above referenced file. Through your letter you appeal the determination made…that certain records responsive to your request (or portions thereof) are exempt from release under the Freedom of Information Act (FOIA). [...]

We receive a number of requests for assistance from FOIA requesters seeking an estimated completion date for their delayed FOIA requests. When we contact agencies for the estimated completion date, we sometimes get some pretty strong pushback. That’s understandable, since nobody wants to go on record making a promise when lots of variables beyond his/her [...]

The following guest post is from Ryan Alfred, co-founder and president of BrightScope, a financial data and analytics company, launched in January 2009. Mr. Alfred spoke at the March 30, 2012 Smart Disclosure summit, hosted by the National Archives and the White House, about his experiences using FOIA. By including his post on the FOIA [...]

In last week’s post we discussed the difference between positions and interests. In brief, positions are what an angry person presents during a confrontation; interests are the secret, unmet needs that anyone in a dispute may be reluctant to share. We also learned that the only way to move toward a resolution is to discuss [...]

This week’s guest blogger is Gery Huelseman, Principal Technical Advisor to the Air Force’s Knowledge Ops Branch, National Air & Space Intelligence Center and key member of the OGIS-facilitated FOIA Information Technology Working Group. IT Working Group members will occasionally use the FOIA Ombudsman to share their thoughts on technology solutions. Do you need to [...]

FOIA requests for third-party information present a difficult balancing act for Federal agencies. On Tuesday January 24, OGIS and the Department of Justice’s Office of Information Policy (OIP) hosted a Requester Roundtable to discuss issues that arise from third-party requests. If you couldn’t make it, we’re here to share some tips. When a requester asks [...]

Throughout 2011, OGIS observed a recurring concept: Federal agencies are succeeding through internal collaboration. This “team approach” to government operations promotes efficiency, reduces redundancy, and helps an agency successfully meet its statutory mandate. One area where teamwork is particularly important is records management; we’ve observed that many agencies are getting wise to this fact. President [...]