The Right to Know: Freedom of Information and Sunshine Laws.

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Presentation transcript:

The Right to Know: Freedom of Information and Sunshine Laws

V. Secrecy v. Open Government: The Question of Executive Privilege

Freedom of Information Act (1966) Exemptions 1. National Security (under executive order) 2. Internal personnel and practices of an agency 3. Materials specifically exempted by Congress 4. Confidential trade secrets and financial information 5. Inter/intra agency memoranda not ordinarily available 6. Personnel and medical records 7. Investigatory records compiled for law enforcement 8. Materials bearing on financial institutions 9. Geological and geophysical information and data

Electronic FOIA Amendments (1996) Electronic records subject to FOIA disclosure Agencies required to provide electronic records in the format requested where technologically feasible Required that public records created after November 1, 1996 by made available by computer within one year of creation Narrowed the “exceptional circumstances” provision of FOIA that allows court to extend deadlines for response Required agencies “affirmatively” publish certain records online including requested non-exempt material that is likely to be requested again Freedom of Information Reform Act (1986) OMB required to provide up to 100 pages of free copying to journalists. Expedited processing of requests of demonstrable public importance. Businesses named in requests must be notified (to protect proprietary information. Businesses have up to 35 days to oppose.

Indiana Open Records Law (Federal Law passed in 1976)