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

 

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