The FOIA blog

DOJ Issues Guidance on Referrals

The Department of Justice's Office of Information Policy ("OIP") has updated its guidance on the processing of FOIA referrals.  FOIA referrals are documents or information on documents that, while in the possession of the agency receiving the FOIA request, originated in another agency. 

It is important for requesters to know what the guidance is on referrals so that they can tell if the agency in which they have a request at is in compliance with that guidance.

Senate Puts Limits on FOIA Infrastructure Statute

VTDigger.org has this report on the Senate's adoption of an amendment from Senator Patrick Leahy (D-Vt) that requires a public interest balancing test to be done before the Department of Defense can withhold information it deems to be critical infrastructure information.  The balancing test will require the Secretary of Defense to consider whether the disclosure of critical infrastructure information would reveal vulnerabilities that would result in harm to government property or facilities, and whether the public interest in the disclosure of this information outweighs the government’s need to withhold the information.

Supreme Court Hears Privacy Act Case

The Supreme Court has now heard the which will try to answer if emotional distress satisfies the actual damages provision of the Privacy Act.  If damages arising from emotional distress are allowed, it will likely be easier to recover from agencies violating the Privacy Act.  The New York Times has more on the oral argument.