Saving the Freedom of Information Act

The Freedom of Information Act (FOIA) was enacted in 1966 to promote governmental oversight, but it is now primarily used for personal requests, business use, and political opposition research. This study suggests that agencies have responded to non-oversight requesters by creating new processes and systems, which has harmed journalists and the media. Kwoka proposes structural solutions to shrink FOIA and re-center its oversight purposes.

\n Format: Paperback / softback
\n Length: 280 pages
\n Publication date: 14 October 2021
\n Publisher: Cambridge University Press
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The Freedom of Information Act (FOIA) was enacted in 1966 with the noble intention of promoting government oversight, particularly targeting journalists as the primary users. However, the reality today is quite different. FOIA has evolved into a tool primarily used for purposes other than fostering democratic accountability. The majority of requesters are individuals seeking their own files, businesses utilizing FOIA for commercial purposes, or even individuals with unique objectives such as political opposition research. In a comprehensive and empirical study, Margaret Kwoka sheds light on how agencies have responded to the overwhelming surge of non-oversight requesters by implementing new processes, systems, and specialists. This shift has had a detrimental impact on journalists and the media, undermining the intended purpose of FOIA.

To address this pressing issue, Kwoka proposes a series of structural solutions aimed at shrinking FOIA and re-establishing its primary objective of oversight. One of the key recommendations is to limit the scope of FOIA to requests that directly relate to government activities. This would help to reduce the burden on agencies and prevent them from being overwhelmed by non-essential requests. Additionally, Kwoka suggests implementing stricter deadlines and penalties for requesters who abuse the FOIA process. This would encourage requesters to prioritize their requests and ensure that agencies can efficiently handle legitimate oversight inquiries.

Furthermore, Kwoka proposes the establishment of a dedicated FOIA office within each agency to oversee and manage requests. This would provide a centralized point of contact for journalists and the public, ensuring that requests are processed promptly and accurately. The office would also be responsible for training staff and developing guidelines to ensure that FOIA is applied fairly and consistently across all agencies.

In conclusion, the Freedom of Information Act has evolved beyond its original intent, and it is crucial to address the issue of non-oversight requesters to preserve the integrity and effectiveness of FOIA. Kwoka's proposed solutions offer a promising path forward, aimed at shrinking FOIA, re-centering its oversight purposes, and ensuring that the media and the public can access information in a transparent and accountable manner.

\n Weight: 402g\n
Dimension: 152 x 230 x 20 (mm)\n
ISBN-13: 9781108710893\n
Edition number: New ed\n