Freedom
of Information Act
Everyone reads in the paper about how they obtain so and so
documents via the Freedom of Information Act (FOIA), but very few know how it
really works. The law was passed in 1966 and is based on four beliefs: (1) An
informed electorate is essential to safeguard democracy; (2) Publicity is a
protection against potential official misconduct; (3) Privacy is a fundamental
right and corresponds with a need to restrict government’s intrusions into a
private individual’s affairs; (4) Secrecy is part of bureaucracy and may not
facilitate organizational efficiency.
The FOIA requires that all federal agency documents be
publicly disclosed unless exempted. The exemptions most relevant involve those
relating to confidential, commercial or financial material; intra-agency or
inter-agency memoranda or letters; personal and medical files or similar files
the disclosure of which would constitute a clear unwarranted privacy invasion;
and investigatory records compiled for law enforcement purposes.
Sources to find more information include:
Decker, Kurt (1987). Employee Privacy Law and Procedures.
New York: John Wiley & Sons.
Decker, Kurt (1989). Employee Privacy Forms and Procedures.
New York: John Wiley & Sons.
Decker, Kurt (1989). A Manager’s Guide to Employee
Privacy Laws, Procedures and Policies. New York: John Wiley and Sons.
Decker, Kurt (1990). “The Rights and Wrongs of
Screening.” Security Management.
(January)
© 2006, Kurt Decker
Blackdog 