Opportunity To Demonstrate Transparency - FDA

There are always opportunites for agencies to demonstrate transparency and a dedication to showing that the FOIA is a disclosure statute (not a withholding statue).  One that comes to mind is the FDA's minor deletion policy. 

According to the FDA, it does not treat “minor deletions” made to otherwise releasable records as formal denials in the first instance. When these "minor deletions" are made, requesters are supposed to receive the language that indicates the deletions were made, but are not provided appeal rights (or told what exemption applies).  Requesters must than write back to the agency for a formal denial decision.  Thus, two FOIA requests are required for this information, wasting both requester and agency personnel time.

I wrote about Public Citizen's attempt to get the FDA to change this policy last September.  It's been five months, it's time for the FDA to get rid of this policy.

 

Comments

[Jennifer]

This definitely seems like a waste of manpower time at the agency, but I guess if they don't have a backlog perhaps it's a way to move them out faster. I find it takes the same amount of time to place an exemption on top of the item using redaction tools than to just leave it all black.