- Has the number of FOIA requests through National Archives been increasing, decreasing, or staying constant over time?
Almost all of the records held by the National Archives in Seattle are open and as a result we do not receive many FOIA requests. In Seattle, the numbers of those few requests we receive have remained flat. Anecdotally, I would say that the numbers show an slight rising trend with sudden increases depending on what information people are seeking. Anniversaries of events may cause a spike. As interest wanes, so do the requests. - How would you like FOIA to evolve in the future to ensure a healthy balance between citizens’ rights and government responsibilities?
Personally, I think the FOIA continues to organically evolve as denial cases are litigated. If you look at an early history of the law (which is actually quite young having first been passed in 1966), you'll see that amendments were made to address specific circumstances that the original framers may not have envisioned. - Why do you think the Freedom of Information Act is significant from the perspective of US government agencies?
If we are a government that is of the people, by the people and for the people, the people have the right to ask who, what, where, when, how and why and to get an answer. FOIA ensures that. - How effective have FOI laws been in the past and today?
They evolve. I think that as with any law, those who don't wish to follow it will try to find ways to evade it and through litigation and legislation those means of evasion will shrink. - How is FOIA significant compared to other legislature for openness and transparency?
Most state FOIA and Sunshine Laws are based on the original 1966 FOIA law and subsequent amendments. I think the original law codified a belief that the U.S. government was and is open in its actions thereby forcing those who may not have held this belief to more closely align with it. - Do you think the government has the responsibility to provide citizens with information?
Yes - after all, through taxes, its citizens paid for the activity through which the records were created. - At what point do you think that the government has the right to withhold information?
FOIA is a delicate dance or balancing act between the citizens right to know and the government's responsibility to protect certain types of information. Records can only be withheld for nine specific reasons. It's the interpretation of the application of those reasons that leads to litigation. For example, I can withhold records under FOIA b(6) because I believe that the release of that information might result in the violation of a persons right to privacy. The courts have ruled, however, that the dead have no privacy therefore if you can show me that a person is dead (a death certificate, newspaper headline proclaiming that he/she died) then I'm required to release the information presuming that there is no other FOIA related reason to with hold them. Records are held for a number of reasons including, but not limited to, the release would endanger national security [ b(1) ], would violate another Federal statute or law [ b(3) ], or contain protected trade secrets or other privileged or confidential information [ b(4) ] - the original "recipe" for Coca-Cola" is withheld under this. The government captures a lot of information and does have a responsibility to protect some of it. - To what extent do you think FOIA has changed the relationship between the public and the government?
For some, there is more trust. For others the relation has become or remains adversarial.