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FOIA Update: FOIA Counselor: Questions & Answers
FOIA Update
Vol. XIX, No. 1
1998
Vol. XIX, No. 1
1998
FOIA Counselor: Questions & Answers
When compiling annual FOIA report statistics that show such data as the median numbers of days required to complete the processing of requests and the median number of days that requests were pending as of the end of a fiscal year, should agencies consistently use calendar days?
Yes. Under the amended provisions of the Freedom of Information Act, 5 U.S.C.
Should agencies explore their capability to receive FOIA requests electronically through the Internet and their World Wide Web sites?
Yes. Although there is no requirement in the Freedom of Information Act (even as amended by the Electronic Freedom of Information Act Amendments of 1996, Pub. L. No. 104-231, 110 Stat. 3048) that agencies establish the capability to receive FOIA requests through the Internet, agencies may do so as a matter of administrative discretion. Cf. FOIA Update, Summer 1989, at 5 (advising agencies regarding acceptance of FOIA requests "via facsimile ('fax') machine"). In doing so, agencies must bear in mind that a fundamental requirement under the Act is "'the need to have an adequate written record of
If a requester asks to have records disclosed in more than one existing form or format (e.g., in paper form as well as in an electronic form), is the agency obligated to disclose the records in both forms?
No, but the agency should consider complying with such a request as a matter of administrative discretion. Under new subsection (a)(3)(B) of the FOIA, 5 U.S.C.A.
Can a small field office of a large agency meet its "electronic availability" obligation with respect to newly created reading room records under the Electronic FOIA amendments by placing those records in its local reading room in CD-ROM form?
No. Under the Electronic FOIA amendments, agencies are now obligated to make newly created reading room records (i.e., those created by the agency on or after November 1, 1996) available to the public in "electronic" form. 5 U.S.C.
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Updated August 13, 2014
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