FOIA

Bush

"sound legal basis"

"all agencies should adopt a presumption in favor of disclosure"

Congress exempted itself
Federal courts exempted
Presidents immediate staff of advisers exempted

agency created it and has possession
agency did not create it but has it for official duties

Agency created it but no longer has control over it
Agency did not create it, it is not for official duty

1:classified
2:related solely to internal personnel rules and practices of an agency
3: Specifically exempted from disclosure by statute
4: trade secrets
5:memorandum or letters
6:personnel/ medical files
7: law enforcement
8:prepared for or by regulators of financial institutions
9:geological information

It used to be that the president could declare anything as classified. As of 1974, courts have authority to inspect classified documents to determine of they are properly classified.

Is matter about which information sought predominantly internal, such that there can be no legitimate interest?
If not, would disclosure significantly risk circumventing any of the agencies regulations or statutes?

all public record which by law allow or require they be kept confidential: patents, internal revenue service records, social security office records.

only applies if disclosure of the information would either impair the governments ability to obtain similar information in the future or would cause competitive harm to a person or business.

Interagency and intraagency memos and letters used in the compilation of a final report, policy or other decision

1)Preliminary discussions not the final decision. If such records were public they may: risk creative debate and candid conversation of alternatives, public may get premature information, officials may get judged for what they consider, not what they decide.
2)Keep materials confidential which would not normally be available to attorneys during civil suit give government fair chance in civil trial

whether it is same magnitude of personal and medical files

release of information will be invasion of privacy, invasion of privacy in unwarranted, government carries burden of proof

Compiled for law enforcement purposes but only to extent that:
a- interferes with enforcement proceedings
b- impeded chances of fair trial
c- be expected to constitution an unwarranted invasion of personal privacy
d-disclosure identity of confidential sources
e- would disclose procedure of investigation or would disclose guidelines for prosecution if such disclosure could reasonably be expected to risk circumvention of law
f-be expected to endanger life or safety of someone

Agencies must respond to request in 20 days
Journalists may request expedited review agencies must publish quarterly index of documents it keeps
Employees may be disciplined for denial in an arbitrary or capricious manner

Government in sunshine act
opened meetings of federal boards and agencies
Advisory groups not included
Exemptions 1-9 included

strategies and negotiations regarding collective bargaining/ pending litigations, discuss security personell, plans of devices

narrative of offense, details of offense, name and identification of person, property involved and names of officers

Federal: must be identified and may be disciplined
FL: fine of $500 60 days in jail

students and parents have access to education records
Limits access to anyone else

Limits information collected by government
Personally identifiable

Know full name to get info on anyone in hospital
Info is still limited to 1 word
Police and fire department exempt