Freedom of
Information facts
As part of “Your Right to Know Week,” here is an explanation of the federal law giving access to records.
HOW TO
Determine what you want. You must request records describing a particular subject in sufficient detail that a government employee can locate the information.
Determine which agency has the information and the address of the office that processes Freedom of Information Act requests.
Write a request that states you are making the request pursuant to the FOIA (5 U.S.C. 9, write “Freedom of Information Request” on the envelope and the letter and follow up with a telephone call.
EXEMPTIONS
An agency may deny your request only if the documents are covered by one of the act’s nine exemptions:
National security: Documents classified pursuant to a presidential executive order.
Internal agency rules: Personnel rules that are predominately internal in nature.
Information exempted by another federal statute: Mandatory nondisclosure provisions, such as those written in the tax code for tax returns.
Trade secrets: An agency must first prove that the financial or commercial information is confidential and that disclosure would likely impair the agency’s ability to obtain information in the future or cause competitive injury.
Internal memorandums: This protects the decision-making process, but not the factual contents of documents concerning how a decision was made.
Personal privacy: An agency must balance the public’s interest in disclosure against the degree of invasion of privacy that would result from disclosure.
Investigatory records: Law enforcement records that could interfere with enforcement proceedings, identify a confidential source, disclose techniques and procedures or invade privacy are exempt.
Financial institution records: Records prepared as part of the regulation or supervision of financial institutions.
Oil well information: Exemption almost never used.
TIME LIMITS
The law specifies 10 working days for an agency to respond to a Freedom of Information request.
Many agencies have long backlogs. If the agency does not meet the deadline, you may consider the request denied and can sue, but may want to talk to the agency first.
APPEALS
If the request is partially or entirely denied, you may appeal. The denial form should include appeal procedures. Your appeal letter should include a description of your request, a copy of your request and a statement that you are appealing the agency’s decision under 5 U.S.C. 9 552 paragraph (a)(6) of the Freedom of Information Act.
Explain why the denial was unwarranted, either because the exemption doesn’t apply or because the agency should use its discretion to release the records.
The agency has 20 working days to respond.
Source: Freedom of Information Clearinghouse
Why free society needs
full-access government
Open government is the cornerstone of our democracy. Without full public access to government records and meetings, we cannot fulfill our responsibilities as citizens of a free society.
This week is "Your Right to Know Week," so designated by the American Society of Newspaper Editors in observance of the First Amendment and laws that mandate open government.
The Star-Bulletin will publish stories and features all week examining the state of open government in Hawaii. You'll also see the "Your Right to Know" logo on many stories during the week as a reminder of the important information that wouldn't be available to the public if not for local and federal laws that require it.
We invite readers to write and tell us why open government is important to you and how well or poorly you think Hawaii is doing in making official information and meetings open to the public.
David Shapiro
Managing editor
