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Endorse 'Model FOIA Regulations' for better transparency

 
We recently endorsed a proposal, created by three non-governmental organizations focused on access to information, to create "Model FOIA Regulations." These regulations would guide all agencies of the federal government toward what we hope will be consistent implementation of the federal Freedom of Information Act in a way that provides maximum transparency and access to government information. 
 

We recently endorsed a proposal, created by three non-governmental organizations focused on access to information, to create "Model FOIA Regulations." These regulations would guide all agencies of the federal government toward what we hope will be consistent implementation of the federal Freedom of Information Act in a way that provides maximum transparency and access to government information. 

 

The three groups -- Citizens for Responsibility and Ethics in Washington ("CREW"), the Electronic Privacy Information Center ("EPIC") and the National Security Archive ("NSA") -- drafted these "Model FOIA Regulations" in advance of the Department of Justice's own effort to synchronize the FOIA regulations among the about 100 federal agencies subject to the law. Starting this week, the department's "Office of Information Policy" will be reviewing the "Common Core" FOIA Regulations via a series of town-hall-type meetings, with an eye toward developing a "core FOIA regulation and common set of practices" to be used across the government. 

 

We believe the Model FOIA Regulations endorsed by ASNE and others provide clear, consistent guidance to agencies and should be relied upon by the Department of Justice in its "Common Core" review. Many, in fact, are already part of FOIA legislation supported by ASNE that has passed the House of Representatives and is being considered by the Senate. In addition to the full text of the model regulations proposal, you can review an itemized list of the major suggestions and a press release explaining more about the effort.  

 

Among our favorite suggestions are: 
 

  • An expanded definition of "representative of the news media" that clearly includes online-only news sites in those that receive a processing fee waiver
  • Promoting the proactive disclosure of records without waiting for a FOIA request (especially where those records have already been released to a requester)
  • Formalizing the current default toward discretionary disclosure and encouraging more mediation through the Office of Government Information Services of disputes over requests


You can endorse the Model FOIA Regulations, and we encourage you to learn more and even write about them if you aren't inclined to formally endorse them. Contact ASNE Legal Counsel Kevin M. Goldberg at goldberg@fhhlaw.com or at 703-812-0462 for more information. 

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