Difference between revisions of "Freedom of Information policies"
| Line 1: | Line 1: | ||
{{nav-Bar|Topics#F}} | {{nav-Bar|Topics#F}} | ||
| − | '''Freedom of Information policies''' also known as '''open record laws''', let individuals request and gain access to data and information held by governments and other large institutions. Many of these current policies and laws arose out of human rights treaties after [[Wikipedia:World_War_II|World War II]] and exist in some capacity in a majority of countries. <ref>"Freedom of Information by Laura L. Stein and Lindita Camaj from Oxford Research Encyclopedias"[http://oxfordre.com/communication/view/10.1093/acrefore/9780190228613.001.0001/acrefore-9780190228613-e-97]</ref> These policies and laws spell out who can request and who must provide information as well as restrictions and exemptions that can cause a request to be rejected. Lastly, they tend to also spell out the legal process used to contest a rejection. | + | '''Freedom of Information policies''' also known as '''open record laws''', let individuals request and gain access to data and information held by governments and other large institutions. Many of these current policies and laws arose out of human rights treaties after [[Wikipedia:World_War_II|World War II]] and exist in some capacity in a majority of countries. <ref name="oxf">"Freedom of Information by Laura L. Stein and Lindita Camaj from Oxford Research Encyclopedias"[http://oxfordre.com/communication/view/10.1093/acrefore/9780190228613.001.0001/acrefore-9780190228613-e-97]</ref> These policies and laws spell out who can request and who must provide information as well as restrictions and exemptions that can cause a request to be rejected. Lastly, they tend to also spell out the legal process used to contest a rejection. |
==Introduction== | ==Introduction== | ||
| − | + | The concept of freedom of information originates from enlightenment beliefs regarding the rule of law. The movement believed that science could make everything knowable and access to that knowledge was a human right. These ideals lead to the first freedom of information policy from Sweden in 1766. As well as giving freedom of information policies direct mention in France's The Declarations of Rights of Man. However it was incentives provided by international organizations after World War II that lead to many of the current policies we see today.<ref name="oxf"/> As of 2016, 111 different countries had some form of Freedom of Information policy.<ref>https://www.access-info.org/article/26216</ref> These policies govern data held by national governments and other public sector actors. These policies do not apply to any private company or actor, meaning any data held by government contractors or other groups that work with the government are not subject to requests from the public, unless specifically mentioned by the laws of the jurisdiction. Freedom of information policy is more than just a focus on making records accessible after the fact. These policies often encourage open meetings and hearings that are announced far in advance so that the public may attend. Such actions raise faith in the governing processes and help fight against complaints of secrecy and back-room dealing. | |
| + | |||
==United States Freedom of Information Act== | ==United States Freedom of Information Act== | ||
| + | The Freedom of Information Act (5 U.S.C. § 552), commonly abbriviated to FOIA, is the main Freedom of Information policy in the United States of America. It was signed into law on July 4, 1966, by President Lyndon Johnson. The law only applies to the United States Federal Government, and explicitly only referes to documents and data controlled by the executive branch. It mandates these executive branch agencies to respond to all public requests for information, providing only 9 exemptions which they may site, in order to reject a request. | ||
| + | |||
| + | ===FOIA Exemptions=== | ||
| + | An agency must cite at least one of these 9 exemptions to reject a valid FOIA request.<ref="faq"/> | ||
| + | # The requested information cannot be shared due to national security.<ref="faq"/> | ||
| + | # The requested information is only about personnel rules and practices.<ref="faq"/> | ||
| + | # Another federal law prevents the requested information from being disclosed.<ref="faq"/> | ||
| + | # The requested information contains trade secrets or other confidential or priviledged information.<ref="faq"/> | ||
| + | # Priviledged communications within or between agencies, such as communication protected by Attorney-Client Priviledge<ref="faq"/> | ||
| + | # The requested information invades another private individual's privacy if disclosed.<ref="faq"/> | ||
| + | # The requested information could interfear with an investigation, law enforment proceeding, right to fair trail or simmilar situation.<ref="faq"/> | ||
| + | # The requested information is regarding the supervision of financial institutions.<ref="faq"/> | ||
| + | # The requested information is regarding geological information on wells.<ref="faq">FOIA.gov FAQ [https://www.foia.gov/faq.html]</ref> | ||
| + | |||
==Open Ethical Questions== | ==Open Ethical Questions== | ||
Revision as of 19:28, 15 March 2019
Freedom of Information policies also known as open record laws, let individuals request and gain access to data and information held by governments and other large institutions. Many of these current policies and laws arose out of human rights treaties after World War II and exist in some capacity in a majority of countries. [1] These policies and laws spell out who can request and who must provide information as well as restrictions and exemptions that can cause a request to be rejected. Lastly, they tend to also spell out the legal process used to contest a rejection.
Contents
Introduction
The concept of freedom of information originates from enlightenment beliefs regarding the rule of law. The movement believed that science could make everything knowable and access to that knowledge was a human right. These ideals lead to the first freedom of information policy from Sweden in 1766. As well as giving freedom of information policies direct mention in France's The Declarations of Rights of Man. However it was incentives provided by international organizations after World War II that lead to many of the current policies we see today.[1] As of 2016, 111 different countries had some form of Freedom of Information policy.[2] These policies govern data held by national governments and other public sector actors. These policies do not apply to any private company or actor, meaning any data held by government contractors or other groups that work with the government are not subject to requests from the public, unless specifically mentioned by the laws of the jurisdiction. Freedom of information policy is more than just a focus on making records accessible after the fact. These policies often encourage open meetings and hearings that are announced far in advance so that the public may attend. Such actions raise faith in the governing processes and help fight against complaints of secrecy and back-room dealing.
United States Freedom of Information Act
The Freedom of Information Act (5 U.S.C. § 552), commonly abbriviated to FOIA, is the main Freedom of Information policy in the United States of America. It was signed into law on July 4, 1966, by President Lyndon Johnson. The law only applies to the United States Federal Government, and explicitly only referes to documents and data controlled by the executive branch. It mandates these executive branch agencies to respond to all public requests for information, providing only 9 exemptions which they may site, in order to reject a request.
FOIA Exemptions
An agency must cite at least one of these 9 exemptions to reject a valid FOIA request.<ref="faq"/>
- The requested information cannot be shared due to national security.<ref="faq"/>
- The requested information is only about personnel rules and practices.<ref="faq"/>
- Another federal law prevents the requested information from being disclosed.<ref="faq"/>
- The requested information contains trade secrets or other confidential or priviledged information.<ref="faq"/>
- Priviledged communications within or between agencies, such as communication protected by Attorney-Client Priviledge<ref="faq"/>
- The requested information invades another private individual's privacy if disclosed.<ref="faq"/>
- The requested information could interfear with an investigation, law enforment proceeding, right to fair trail or simmilar situation.<ref="faq"/>
- The requested information is regarding the supervision of financial institutions.<ref="faq"/>
- The requested information is regarding geological information on wells.<ref="faq">FOIA.gov FAQ [2]</ref>
Open Ethical Questions
References
- ↑ 1.0 1.1 "Freedom of Information by Laura L. Stein and Lindita Camaj from Oxford Research Encyclopedias"[1]
- ↑ https://www.access-info.org/article/26216
