FOIA & Posting Records
Online
Melanie Ann Pustay
Director, Office of Information Policy
Department of Justice
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Origins of FOIA
July 4, 1966: President Lyndon Johnson
signs into law the Freedom of
Information Act (FOIA).
FOIA provides any person with a right of
access to federal agency records unless
those records are protected from
disclosure under the law.
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FOIA Implementation
The FOIA is often described as a means
for the public to know “what their
Government is up to.”
100 federal agencies across the
Executive Branch receive and respond to
FOIA requests.
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FOIA By The Numbers
Since Fiscal Year 2009, federal agencies
have received and processed nearly
4 million FOIA requests.
In Fiscal Year 2014 alone, nearly 4,000
FOIA professionals at agencies received
nearly 715,000 requests and processed
almost 650,000.
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Making a FOIA Request
Generally “any person,” regardless of
citizenship, can make a FOIA request.
Public can request Agency Records, which
are records:
• Created or obtained by an agency, AND
• Under agency control when a request is
received.
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The FOIA Process
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1. A request is submitted to an agency for
records.
2. Agency searches for responsive records.
3. Records are reviewed for disclosure.
4. Agency responds to requester and
releases disclosable information.
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FOIA Exemptions
The disclosure obligation of the FOIA is not
absolute.
Congress included nine categories of records
that are exempt from disclosure, including:
• National Security,
• Personal Privacy, and
• Law Enforcement Sensitivities.
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Making Records Available Proactively
FOIA is not only about “FOIA
Requests.”
The law also requires agencies to make
certain categories of records available to
the public on a proactive basis.
Such releases are called proactive
disclosures.
Making Records Available Proactively
In addition to the legal requirement to
make proactive disclosures, agencies
have also been directed to take additional
steps to make information available to
the public on a proactive basis
Department of Justice 2009 FOIA
Guidelines
“[A]gencies should readily and
systematically post information online in
advance of any public request”
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FOIA Libraries
Historically, agencies made proactive
disclosures available in “Reading
Rooms.”
Agencies now post proactive disclosures
on their websites, usually in online
FOIA Libraries on their FOIA websites.
Guidance on Proactive Disclosures
OIP posted guidance outlining principles for
making proactive disclosures:
Proactive Disclosure of Non-Exempt Agency
Information: Making Information Available
Without the Need to File a FOIA Request
(3/16/15)
http://www.justice.gov/oip/oip-guidance-5
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The Challenges of Section 508
Despite agency efforts to make more
information available proactively online,
challenges do remain.
Chief among these challenges is making
various formats of records available and
accessible online under Section 508 of
the Rehabilitation Act.
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Aspects of the Challenge
The challenges that exist for FOIA
professionals seeking to put information
online include:
• Age, quality & format of records, and
• Time & resources needed to code
documents for posting.
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Proactive Disclosure Pilot
In an effort to understand the challenges
for FOIA professionals in posting
information online, especially those
related to Section 508 compliance, OIP
launched a proactive disclosure pilot in
July 2015.
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Proactive Disclosure Pilot
 Seven agencies
 Launched August 2015, runs for 6
months
 Posting every FOIA response, including
released documents, online
 Tracking various metrics, including
time and resources, to understand
challenges at agencies
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Proactive Disclosure Pilot
One of the goals of the pilot is to determine
the impact compliance with Section 508 has
on agency efforts to post more information
online and to identify best practices for
overcoming any challenges.
At the end of the pilot, OIP will analyze
findings and publish results.
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Conclusion
In today’s world, agency efforts to
proactively publish information online
helps fulfill the FOIA’s underlying
mission to inform the public about “what
their Government is up to.”
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Conclusion
Though challenges exist to putting
information online, understanding and
overcoming these challenges will allow
agencies to more readily provide information
to the public.
In providing more information to the public,
agencies help fulfill the intent and goal of the
FOIA.
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Thank you for your time!