The FOIA blog

Mystery: How Did a ex-CIA Officer/Candidate's Background Application Get Released?

The New York Times has this article on the release of a former CIA Officer's background application documents by the US Postal Service via a FOIA request.  Normally, these types of documents are withheld under privacy exemptions of the FOIA so it is a mystery of why these documents were released.  

Update:  Buzzfeed News has this on the release of the information.  I predicted a Privacy Act/Inspector General investigation to be forthcoming.  

DC Circuit Rules on Monkey Business FOIA Case

The DC Circuit has ruled in favor of the Department of Health and Human Services (HHS) in a case brought by the People for the Ethical Treatment of Animals (PETA) in which PETA sought information about the importation of non human primates.  After a bit of a tortured procedural history, the Court of Appeals ultimately ruled that the withheld information may be redacted pursuant to FOIA Exemption 4.  The case can be found here.

Release of Nunes Memo Defeats FBI Glomar Response

The release of the Nunes Memo and then the Schiff Memo by Congress is enough to defeat the FBI's use of a glomar response on a two page summary of the Steele Dossier.  The opinion can be found here.

I really don't think the government had these types of documents in mind when they passed the FOIA half a century ago!

After this was originally posted, someone asked what this means - here's a little background on a "glomar" response - this means a FOIA request was responded with the agency can not confirm nor deny that the requested records exist and if they did exist they would be subject to a FOIA exemption such as Exemption 1, 6 or 7(C).  (A recent case I represented the requesters on said Exemption 5 was not appropriate for the glomar response).  When a glomar is found inappropriate, the agency will have to confirm whether or not records exist and release them or justify a FOIA exemption to withhold them.

Supreme Court Issues Stay in FOIA Case

FOIA cases at the Supreme Court are rare - one every few years.  But there is one case that is now ripe and may get a hearing with the Supremes as last week Justice Gorsuch stayed the ordered release of records and ordered further proceedings in the case of Food Marketing Institute v. Argus Leader Media.  I believe the issues pertain to Exemption 4.

FOIA Training Updates

In just over a month, the American Society of Access Professionals will have their Chicago FOIA/Privacy Act Workshop.  It's a 2.5 day training on all aspects of the FOIA - it runs from September 5-7.  As a Co-chair of the event as well as a presenter, I believe its probably the best FOIA training you can get for the money.  For more details see the ASAP registration page.

And the DOJ is holding a Best Practices Workshop on August 21.  For more details see the DOJ announcement.