Electronic Freedom of Information Act Amendments Of 1996 - Research Paper

Introduction

Freedom of information act of 1966 is a state statute that defines liberty on the full or partial disclosure of government information and files that are unreleased and controlled by the federal government of the United States of America. The act outlines the government records that need disclosure and defines the mandatory disclosure guidelines that need to be followed. It also lays out exemptions to the laws. It was signed into law on July 4th 1966 by Lyndon Johnson despite his reservations, and it was effected in 1967. The act gave great caution on matters of disclosure of government records. The provisions, however, brought a lot of concerns as it became more of withholding tact than exposure and it was amended to allow full agency disclosure. Electronic Freedom of Information Act Amendments of 1996 abbreviated as E-FOIA spelt out that all agencies are obligated by the law to make specific types of records created by the particular agency on or before 1st of Nov 1996 to be in electronic form and available to the people. Besides, it also outlines that the agencies must provide to the citizens a room where they can view the records electronically. Because of the of the vast volumes of documents coupled with limited resources the time for a response which was ten days initially was extended to twenty business days. The paper will, therefore, explore the Electronic Freedom of Information Act Amendments of 1996 in depth by analysing the statute and any amendments made.

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Electronic Freedom of Information Act Amendments of 1996 defines records as any information maintained by agencies as necessitated by the agency action in any format either electronically or in print. The act states that when an agency is responding to a request of a record, it should make significant effort to search for the document within a reasonable time as spelt out unless the search process interferes with the automated system in place. It also allows an agency to delete information once it is made available or published as outlined by section 4 of the act and that the extent of deletion should be specified within the record that is released or made available before removal is done. Also, it provides that agents should create the file available for inspection and publishing by the public within one year of publication. The act explains that a standard for judicial review should be observed on the grounds of technical viability and reproducibility. E-FOIA states that the agency should publicise regulations regarding notice and reception of public comments on records requests emphasising that a standard period to comply or reject an offer is between 0- 20 business days. Similarly, deletions should be scrutinised to determine whether they are feasible. It also requires agency leaders to ensure availability of reference material as and when the requests are made. The article includes indices of major information systems of the agency, details of records locator as maintained by the agency and a handbook containing details of different categories of public information. E-FOIA also includes critical guidelines on the revision of reporting requirements.

Through E-FOIA the public has been able to track how the federal government operates through the access of critical information they access electronically from the records. It has helped in the disclosure of fraud /and other malicious activities are done by the federal government. Through this act, the government has been able to store volumes of information and conduct agency business more naturally. Besides, it has allowed the government agencies to embrace new technology in the provision of services to the citizens of America. Additionally, the act has allowed for a better way of identifying dangerous consumer goods, drugs and other substances that are unfit for human consumption. It is important to note that the primary reason of the act is to ensure that the agencies comply with the statutory standards and limits, enhance public access to agency records and updates and promote democracy through availing of papers on federal issues. In this regard the act allows the public to maximise information obtained from the government agency records as it will enable the collection and maintaining of public information.

The indexation of information is done by following the set guidelines which include insertion of subparagraphs of sections. The act also explains that the form of the request should be honoured and presented in the manner requested and each agency should make an effort to maintain the records in a way that can be reproduced. When information has been asked the agency should engage reasonable attempt in searching for the info and searching, in this case, means reviewing information manually or electronically with the aim of honouring the request. Similarly, the act provides that a judicial review should be allowed based on the substantial weight that the report carries. In ensuring timely response of a request, the statute spells out that each agency should provide a multi-tracking process of a claim and consider the amount of time and work involved in the process. In the case where a person makes a request that hinders the fastest tracking of information, a limit in scope will be applied for the application to attain speedier response process however due diligence should be observed. In the case of unusual circumstances, the limits may be extended through a written notice to the person making the request, but the extension should not be more than ten days. Unusual circumstances refer to cases where the search and collection of the requested records are separate from the office handling the files, where the required documents are voluminous for one person to process the request. Also when there is a need for consultation to be done by the agent in charge. In case the extension is granted the agent need to notify the person requesting for the record of the time limit, and if the person refuses the extension request, then exemption clauses are referred to determine the validity of their refusal. It is important to note that exceptional cases do not factor in delays brought by predictable circumstances. Also when the person requesting for the records refuses to adjust the time scope provided and is not willing to schedule a different for a different time.

According to the act, only people who are conversant and approved to handle the electronic material of the federal government are allowed to hand the IT matters. Most of the IT systems require critical care of the article regarding storage and retrieval because sensitive information is handled. Several IT systems of agency records are regarded as high-security impacts because they store crucial information. It does not allow the public to manage to handle computer terminals. Through the IT system, the public can view the site and see the validity of the records requested. Technology has made it possible for information to be accessed at ease by the public because it can be retrieved at any time the request is made unless the exceptional cases apply. Besides the government through the technology can make amendments easily as the information is readily available in soft copy.

Conclusion

In conclusion, it is important to note that the IT has played a critical role in Electronic Freedom of Information Act Amendments of 1996 because it has provided a platform through which records can be accessed and amended when the need arises. It has also reduced the cases of loss of vital government information that could have otherwise been stored using the manual systems. With information technology systems it is easy to retrieve records as compared to the manual mode where a physical search of a file has to be traced from the archives or the records store. However, it also associated with some limitation as the electronically stored data can be distorted in case the system is hacked. Also in case the records land in the hands of inexperienced people it can easily be tampered with as they can delete the information unknowingly. It is paramount to note E-FOIA states that the agency should publicise regulations regarding notice and reception of public comments on records requests emphasising that a standard period to comply or reject an offer is between 0- 20 business days. Similarly, deletions should be scrutinised to determine whether they are feasible.

Works Cited

Congress. Govt H.R.3802 - Electronic Freedom of Information Act Amendments of 1996 retrieved from https://www.congress.gov/bill/104th-congress/house-bill/3802/text

Kohl, Uta, and Andrew Charlesworth. Information technology law. Routledge, 2013.

Creech, Kenneth C. Electronic media law and regulation. Routledge, 2013.

Kassen, Maxat. "A promising phenomenon of open data: A case study of the Chicago open data project." Government Information Quarterly 30.4 (2013): 508-513.

Cordis, Adriana S., and Patrick L. Warren. "Sunshine as a disinfectant: The effect of state Freedom of Information Act laws on public corruption." Journal of Public Economics 115 (2014): 18-36.