The History of The Freedom of Information Act (FOIA)

By Alisa Fetic

The Freedom of Information Act, otherwise known as FOIA, is a national law that governs the disclosure of public information in the United States. It posits that any person has the right to request access to records from the Executive Branch of the United States Government, or any of its agencies. The information can include documents, emails, photographs, and other forms of data that are maintained in the government’s possession.

FOIA is designed to promote the openness and transparency of the government by allowing citizens to have easier access to public records. It also seeks to hold the government accountable by allowing citizens to review and examine records that could help in determining if the government is acting inefficiently or making decisions that are not in the public's best interest. The law also serves to protect confidential information, such as trade secrets and personal records, which should remain private.

The History of the Freedom of Information Act

The Freedom of Information Act was first enacted in 1966 as a response to rising public demand for government transparency, especially during the Vietnam War. President Lyndon Johnson signed the bill into law, which initially focused on providing military records to the public. However, in 1974, Congress amended the Act with necessary changes.

The FOIA was further amended in 1976 through the Government in the Sunshine Act to clarify its exemptions and terms, and again in 1986 through the Anti-Drug Abuse Act. Its most recent update came in 2016, when President Obama signed the FOIA Improvement Act of 2016 into law. This act expanded FOIA protections to include new digital formats, such as emails and social media posts, which are now considered a public record.

Since its creation, the Freedom of Information Act has been used to uncover a variety of scandals and wrongdoing in the government. In one case, FOIA was used to uncover the CIA’s involvement in a failed coup attempt in Chile in 1970. In another case, it was used to reveal data on the US military’s use of chemical weapons in Vietnam.

The implications of this law are far-reaching and it has been used to make the government more transparent and accountable. While FOIA is often seen as an important civil liberty, there are still many restrictions on what information is accessible. It also still faces criticism from those who believe it is too restrictive or does not provide enough access for citizens.

Who and What Is Covered By the Freedom of Information Act

The Freedom of Information Act allows 'any person', regardless of citizenship, the ability to request documents or information from the US government. This includes private individuals, partnerships, corporations, associations, and universities, as well as state, local, and foreign governments.

There are a few exceptions to this, however - the law makes it clear that fugitives from justice, anyone acting on behalf of a fugitive, and foreign governments requesting information from intelligence agencies do not have the right to request information under FOIA.

In terms of what is covered by the law, it broadly states that any records held by federal executive branch agencies are accessible to the public. This includes informational documents, such as emails, memos, and reports; photographs; videos; audio files; and databases.

It does not include:

classified information regarding foreign policy or national defense
internal personnel practices and rules
information that is already exempt under other laws
confidential business information and trade secrets
inter-agency or intra-agency communications that are protected by legal privileges
medical and personnel files
law enforcement information or records
information regarding bank supervision
geological and geophysical information

Why Understanding the FOIA Is More Important Than Ever

Despite its relative significance since 1966, the Freedom of Information Act is more important today than at any other point in history. In an age of digital media, many records and communications previously unavailable to the public are now accessible.

At the same time, many people feel that it is more important than ever to know what information the government has access to, as well as how that information is used. This is especially true regarding the security and surveillance policies of the government, which are more opaque than ever before.

The FOIA is one of the most important pieces of legislation for citizens to understand, as it provides a critical tool for individuals seeking to uncover the truth and hold their government accountable. By taking the steps to fully understand the law and its implications, Americans can ensure that their right to access public records is fully protected.

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