News & Analysis as of September 20, 2024

Freedom of Information Act › Transparency

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The Freedom of Information Act is a United States federal statute enacted in 1966 to promote government transparency and the free exchange of public information. Under FOIA, any individual can request federal agency records and enforce that right in a court of law. However, not all agency records can be requested; there are nine exempt categories of information. In addition to the federal law, many states have passed their own freedom of information acts. These acts are often similar but not always identical to the federal version. less -

FOIA Gone FUBAR: 3 Tales of Terror and 1 of Redemption

Reveal on 8/12/2024

Every day, the Freedom of Information Act illuminates government practices by ensuring public access to federal records. It is the quintessential Sunshine Act and has been a key tool for ensuring government transparency since...more

HHS Releases Highly Redacted Rescheduling Letter to DEA: An Analysis of Exemption 5 to FOIA

Troutman Pepper on 12/13/2023

The principle of open government is foundational to a healthy democracy, and the availability of government records upon request from the public is one of its chief cornerstones. In the U.S., the primary mechanism by which...more

EPA Updates FOIA Regs to Promote Transparency and Affordability of Information Concerning Environmental Justice Issues

Goldberg Segalla on 9/14/2023

On September 7, 2023, the U.S. Environmental Protection Agency announced that it was updating its Freedom of Information Act (FOIA) regulations through its Phase II FOIA final rule. This “modernization,” is part of EPA’s...more

Check Your Privilege: The Arizona Supreme Court Clarifies the Scope and Application of the Legislative Privilege in Fann v. Kemp

Snell & Wilmer on 12/2/2022

The ability to petition one’s leaders is long recognized regardless of the form of government. Ever since the Watergate Scandal, the United States has taken the lead on transparency in governmental acts and the interaction...more

CFPB to Supervise Fintechs Based on Consumer Risk

Goodwin on 5/10/2022

Continuing a trend of expanding its supervisory scope, the Consumer Financial Protection Bureau (CFPB) announced on April 25, 2022 that it will examine fintechs and other nonbank financial enterprises, based on reasonably...more

New FOIA Guidelines Favor Transparency

Bass, Berry & Sims PLC on 3/22/2022

In a memorandum circulated during “National Sunshine Week” celebrating the importance of open government, Attorney General Merrick Garland directed heads of executive agencies and departments to favor transparency and...more

Illinois Workplace Transparency Act Imposes New Obligations on Local Government Employers

Holland & Knight LLP on 12/20/2019

Illinois Public Act 101-0221 (Public Act) creates extensive and significant new protections for employees and imposes new obligations on all Illinois employers. This Holland & Knight alert identifies unique requirements...more

Through the Veil: OFCCP’s Transparency Results in Even Minor Contractor Violations Being Published by the Agency

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/15/2019

Recently, the Office of Federal Contract Compliance Programs (OFCCP) began posting in its Freedom of Information Act (FOIA) Library links to conciliation agreements between the agency and federal contractors that contain only...more

FDA Proposes New Rule to Increase Transparency and Access to Agency Documents Under FOIA

Hogan Lovells on 9/18/2018

The Food and Drug Administration (“FDA” or “the agency”) recently issued a proposed rule that will ease the Freedom of Information Act (“FOIA”) request process for certain records within FDA’s possession. The proposed rule...more

President Signs Freedom of Information Act Reforms

BakerHostetler on 7/6/2016

Obtaining government documents through the Freedom of Information Act (FOIA) should become somewhat easier under a law signed by President Obama on June 30, 2016. The law, known as the FOIA Improvement Act of 2016 (S. 337),...more

Open Wide: FOIA Reform Expands Public Access to U.S. Government Information

Pillsbury Winthrop Shaw Pittman LLP on 7/5/2016

On June 30, 2016, President Obama signed the bipartisan Freedom of Information Improvement Act of 2016 (S. 337). The bill most notably requires that the government operate under a “presumption of openness” in federal law and...more

IRS makes exempt organizations’ Form 990 data available in machine-readable format

Robinson+Cole Data Privacy + Security Insider on 6/23/2016

On June 16, 2016, the IRS announced that it will be making Form 990s available in machine-readable format through Amazon Web Services. While this information has always been available to the public, it was previously only...more

SC Public Policy Update - March 2016 #2

Nexsen Pruet, PLLC on 3/21/2016

What's New - SENATE - Senate floor debate this week was dominated by S. 997, a bill by Senator Lee Bright (R-Spartanburg) that would require refugees to register with the Department of Social Services via a public...more

The FOIA, Charter Schools and “Charter Management Organizations:” The FOIC and the Legislature (Sort Of) Speak

Pullman & Comley - School Law on 9/8/2015

As noted previously, the intersection between Connecticut’s Freedom of Information Act [“FOIA”] and charter schools has been the source of much noise. Notwithstanding some shrill voices, charter schools have always been...more

FOIA Lawsuit Filed Challenging CFPB Research Methodology

Ballard Spahr LLP on 7/21/2015

The law firm Covington & Burling LLP has filed a Freedom of Information Act (FOIA) lawsuit against the CFPB in Washington, D.C. federal district court seeking information relating to the CFPB’s report on, “Consumer Voices on...more

Launch of openFDA Increases Accessibility to Adverse Drug Event Reports

Morrison & Foerster LLP on 6/18/2014

On June 2, 2014, the Food and Drug Administration launched openFDA, a program designed to improve access to publicly available data beginning with adverse event reports. While greater accessibility to adverse event reports...more

CMS Issues New Policy on Disclosure of Physician Payment Information

Mintz - Health Care Viewpoints on 1/27/2014

On January 17, 2014, the Centers for Medicare & Medicaid Services (CMS) announced that it will release Medicare expenditure data on specific physicians under the Freedom of Information Act (FOIA). This new “transparency”...more

Trade Secrets Trend To Watch In 2014: Government Regulations Requiring Public Disclosure Of Proprietary Information

Orrick - Trade Secrets Group on 1/3/2014

In the New Year, one of the trade secret trends we’re watching is the ongoing tension between a company’s interest in preserving its proprietary information and the public’s demand to know more about the goods or services it...more

Increased Availability of Health Care Data Means More Oversight and More Litigation

Mintz - Health Care Viewpoints on 6/25/2013

The increasing availability of health care claims and payment data may portend the future of government and private health care enforcement and litigation. ...more

Balancing The Burdens Of Transparency In The Illinois Freedom Of Information Act

Franczek P.C. on 2/6/2013

A recent Chicago Tribune editorial, “The burden of transparency” asks a provocative question: does the unduly burdensome exemption in the Illinois Freedom of Information Act (FOIA) allow an unfair loophole for public bodies...more

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Freedom of Information Act › Transparency

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