What is the Freedom of Information Act?
FOIA creates a judicially enforceable public right of access to the vast array of information compiled by executive branch agencies and establishes a presumption that government records belong to the people. Agency documents must be made available to “any person” upon request unless they fall within one of nine exceptions. The government bears the burden of demonstrating that records are exempted by FOIA. Certain documents, including final opinions, statements of policy and administrative staff manuals, are required to be published as a matter of course.
History of the Freedom of Information Act
Congress passed the Freedom of Information Act of 1966 in response to increasing concerns about the lack of accountability in federal bureaucracy and the “mushrooming growth of Government secrecy." At the time, President Lyndon B. Johnson remarked that, “a democracy works best when the people have all the information that the security of the nation permits. No one should be able to pull curtains of secrecy around decisions which can be revealed without injury.” The FOIA underwent amendments in 1974, 1976, 1986, 1996 and 2007. Each manifestation has adopted new measures to enhance the public’s access to documents.