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Archive for 'Best practices'

Dealing with Surplus in a Time of Scarcity: Reducing FOIA Backlogs

  There’s a great deal of pressure on agencies to reduce the number of FOIA requests in their backlogs. The FOIA community talks a lot about backlogs, but mostly in numbers, not in terms of how some agencies have succeeded in reducing the number of cases awaiting response. Considering the budget environment in which all [...]

Don’t shut your eyes to the importance of FOIA regulations

Freedom of Information Act regulations sound like a sure cure for insomnia, but if FOIA were a movie, their role would be a real sleeper. We at OGIS recognize that well-crafted FOIA regulations are key to an effective agency FOIA process so we regularly comment on proposed changes to regulations as part of our statutory [...]

Records Management Directive Shifts Into Gear

It’s common wisdom in the library and information science community that if you have something and you can’t find it, you don’t have it. This principle is as true for agencies’ records as it is in university libraries, and it directly affects the efficiency and effectiveness of agency FOIA programs. We’ve written before about President [...]

A Peek Inside the Sausage Factory

While many (correctly) associate OGIS with mediation services to resolve FOIA disputes, those services are not the full extent of our mandate. Congress created OGIS to also review agencies’ FOIA policies, procedures and compliance. Sounds great, but how does OGIS learn what agencies are doing, and what do we do with that information? Obviously, our [...]

Civil War-era Pension Records: An OGIS Case Study

When University of California–Los Angeles economics professor Dora Costa started looking at aging processes and extreme longevity, she knew military files of Civil War veterans would be crucial to her research. Costa planned to compare medical records and life histories of Civil War veterans with present-day veterans’ records for soldiers who lived to be at [...]

Checking it Twice: Appeals Provide Necessary Second Look

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 [...]

Back to (FOIA) School: Requester Categories vs. Fee Waivers

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 [...]

Government-wide Records Directive Addresses Electronic Records

By the end of the decade, Federal agencies must digitize management of electronic records—including the millions of emails sent and received each year—according to a new records directive introduced last week. With a focus on a digital transition, the Managing Government Records Directive issued jointly by the Office of Management and Budget (OMB) and the [...]

Got Appeals?

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 [...]

FOIA Letters and Plain Writing

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). [...]