New FOIA Memo

On March 19, the Obama administration issued a new set of guidelines to federal agencies on implementation of the Freedom of Information Act (FOIA), replacing Bush-era rules that many thought promoted a culture of secrecy in government. Written by Attorney General Eric Holder, the Department of Justice (DOJ) memorandum outlines a spirit of transparency that reflects President Obama’s Jan. 21 assertion, "In the face of doubt, openness prevails." Among other things, Holder's memo promises to defend agency decisions to withhold information only if the agency demonstrates a reasonably foreseeable risk of harm to an interest protected by FOIA exemptions or statutory law. Further, the memo focuses on timeliness, declaring that "long delays should not be viewed as an inevitable and insurmountable consequence of high demand." The Holder memo also expands on the earlier discretionary disclosure language. Holder encourages agencies to not just make discretionary disclosures, but to do in so in anticipation of the public interest. This language aims to prevent agencies from being able to allege compliance with the guidance but to do so by releasing irrelevant material. He also encourages the use of technology and publication on the Internet in making this type of disclosure...OMB Watch

Go here to view the Holder memo.