Information Subcommittee on Technology

Foia in the 21st Century Information Subcommittee on Technology

When President Obama took office, one of his first actions was to release a new memo on FOIA directing agencies to adopt a presumption of openness. In a statement to the public, the President said "Transparency and the rule of law will be the touchstone of this presidency." Many transparency groups have expressed concern with the Obama Administration's compliance with FOIA. The concerns address a variety of issues, including agency stonewalling, delays and excessive fees. The Central Intelligence Agency had a class action lawsuit filed against it for illegally discouraging requests by imposing significant fees without notifying requestors. The Department of Homeland Security has also been accused of charging exorbitant fees on FOIA requests. In a review of agency FOIA logs, there was one case where the agency charged the requestor over $70,000. The Department of Justice, which is responsible for setting agency FOIA compliance, has also been accused of defending Federal agencies when they choose to withhold documents. When asked by the Supreme Court about President Obama's presumption of openness, a Department of Justice lawyer said, "We do not embrace that principle." Clearly, there is more work to be done to ensure that citizens get prompt and substantive responses to their requests for government information.