The Freedom of Information Act (FOIA) was enacted decades ago to enable the citizenry the opportunity to monitor governmental affairs. As FOIA precedent has held, the public is entitled to find out and know “what the government is up to.” Indeed, upon request, the government is required to provide information about its activities unless prohibited by a narrow statutory exemption or otherwise prevented by law.
Of course, statutory aspirations and actual production of information in practice are not always in harmony. There are times when government information is not produced within the timelines set forth in FOIA. Other times, information is not produced at all; for example, when the government is perceived to give too wide an interpretation on the applicability of a statutory exemption. Moreover, different administrations have different views on how open government should be when it comes to disclosing information under FOIA.
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