Discovery, the Privacy
Act and FOIA (FOIA Update, Vol. III, No. 2) (See
also modification provided in How
does the D.C. Circuit's recent Bartel decision affect agency
disclosure of personal information?)
Submitters' Rights (FOIA
Update, Vol. III, No. 3) (See also Executive
Order No. 12,600, issued June 23, 1987)
Protecting "Outside" Advice (FOIA
Update, Vol. III, No. 3) (See also modification provided
in Supreme Court Rules
in Exemption 5 Case (FOIA Post, posted April 4, 2001))
Privacy Protection
Considerations (FOIA Update, Vol. III, No. 4) (See
also modification provided in Privacy
Protection Under the Supreme Court's Reporters Committee Decision)
Factoring in the "Public
Interest" (FOIA Update, Vol. III, No. 4) (See
also modification provided in Privacy
Protection Under the Supreme Court's Reporters Committee Decision)
Fee Waiver Procedural
Considerations (FOIA Update, Vol. IV, No. 1)
The Effect of Prior
Disclosure: Waiver of Exemptions (FOIA Update,
Vol. IV, No. 2)
When to Expedite FOIA
Requests (FOIA Update, Vol. IV, No. 3) (See also modification
provided in Should
agencies give immediate attention to any FOIA requester's special
request that he be granted "expedited access" to records
requested under the FOIA?)
Attorney Work-Product
Protection (FOIA Update, Vol. IV, No. 3)
Copyrighted Materials
and the FOIA (FOIA Update, Vol. IV, No. 4)
Unit Prices Under
Exemption 4 (FOIA Update, Vol. IV, No. 4) (See
also modifications provided in Does
the new Federal Acquisition Regulation affect the possible applicability
of Exemption 4 to unit prices contained in government contracts?, Can
Exemption 4 protect the "unit prices" in unsuccessful
government contract proposals?, New
Statute Protects Contractor Proposals, Treatment
of Unit Prices Under Exemption 4 (FOIA Post, posted
May 29, 2002), New McDonnell
Douglas Opinion Aids Unit Price Decisionmaking (FOIA
Post, posted October 4, 2002), and Full
Court Review Sought in McDonnell Douglas Unit Price Case (FOIA
Post, posted October 7, 2004))
Congressional Access
Under FOIA (FOIA Update, Vol. V, No. 1)
The Unique Protection
of Exemption 2 (FOIA Update, Vol. V, No. 1)
The "Generic" Aspect
of Exemption 7(A) (FOIA Update, Vol. V, No. 2) (See
also modification provided in Supreme
Court Declines to Review Waiver Case (FOIA Post, posted
August 7, 2001))
How does the D.C. Circuit's
recent Bartel decision affect agency disclosure of personal
information? (FOIA Update, Vol. V, No. 3)
"Agency Records" vs. "Personal
Records" (FOIA Update, Vol. V, No. 4)
What is the status
of the legal position that the Privacy Act can serve as an Exemption
3 statute under the FOIA? (FOIA Update, Vol. V, No.
4)
Does the new Federal
Acquisition Regulation affect the possible applicability of Exemption
4 to unit prices contained in government contracts? (FOIA
Update, Vol. V, No. 4) (Superseded by Treatment
Of Unit Prices Under Exemption 4 (FOIA Post, posted
May 9, 2002) and Full
Court Review Sought in McDonnell Douglas Unit Price Case (FOIA
Post, posted October 7, 2004))
The Breadth of Work-Product
Protection (FOIA Update, Vol. V, No. 4)
Protecting Intrinsic
Commercial Value (FOIA Update, Vol. VI, No. 1)
The Attorney-Client
Privilege (FOIA Update, Vol. VI, No. 2)
Discretionary Disclosure
and Exemption 4 (FOIA Update, Vol. VI, No. 3)
"Preclusion" Doctrines
Under the FOIA (FOIA Update, Vol. VI, No. 3)
Protecting Settlement
Negotiations (FOIA Update, Vol. VI, No. 4) (See
also modification provided in Supreme
Court Rules in Exemption 5 Case (FOIA Post, posted
April 4, 2001))
Privacy "Glomarization" (FOIA
Update, Vol. VII, No. 1) (See also modification provided
in How should Exemption
7(C) "Glomarization" be implemented in light of the Supreme
Court's recent decision in Reporters Committee?)
Protecting Federal
Personnel Lists (FOIA Update, Vol. VII, No. 3) (See
also modification provided in Can
agencies still continue to withhold federal personnel lists under
Exemption 2 after the D.C. Circuit's decision in Schwaner v.
Department of the Air Force?)
New Fee Waiver
Policy Guidance (FOIA Update, Vol. VIII, No. 1)
Broad Protection
for Witness Statements (FOIA Update, Vol. VIII, No.
2) (See also modification provided in Supreme
Court Rules in Exemption 5 Case (FOIA Post, posted
April 4, 2001))
Executive Order
No. 12,600, issued June 23, 1987 (FOIA Update, Vol.
VIII, No. 2)
Transition Team
FOIA Issues (FOIA Update, Vol. IX, No. 4)
Privacy Protection
Under the Supreme Court's Reporters Committee Decision (FOIA
Update, Vol. X, No. 2)
Exemption 6 and Exemption
7(C): Step-By-Step Decisionmaking (FOIA Update,
Vol. X, No. 2)
Protecting Vulnerability
Assessments Through Application of Exemption Two (FOIA Update,
Vol. X, No. 3) (See also New
Attorney General FOIA Memorandum Issued (FOIA Post,
posted October 15, 2001))
How should Exemption
7(C) "Glomarization" be implemented in light of the Supreme
Court's recent decision in Reporters Committee? (FOIA
Update, Vol. X, No. 3)
Government Loses Tax
Analysts Case (FOIA Update, Vol. X, No. 3)
Can agencies still
continue to withhold federal personnel lists under Exemption 2 after
the D.C. Circuit's decision in Schwaner v. Department of the
Air Force? (FOIA Update, Vol. XI, No. 2)
Can Exemption 4 protect
the "unit prices" in unsuccessful government contract
proposals? (FOIA Update, Vol. XI, No. 2) (See also modification
provided in New
Statute Protects Contractor Proposals and Full
Court Review Sought in McDonnell Douglas Unit Price Case (FOIA
Post, posted October 7, 2004))
Procedural Rules
Under the D.C. Circuit's Oglesby Decision (FOIA
Update, Vol. XII, No. 2)
When responding to
a request for records on a named third party, should an agency advise
the FOIA requester of the identity of a law enforcement agency to
which it makes a record referral? (FOIA Update, Vol.
XII, No. 2)
Referral and Consultation
Procedures (FOIA Update, Vol. XII, No. 3) (See
also Memorandum
Concerning White House Records, dated November 3, 1993 and When
an agency makes a referral of requested records to another agency
that originated those records, does it retain any responsibility
with respect to those records in connection with that FOIA request?)
The "Automatic" Disclosure
Provisions of FOIA: Subsections (a)(1) & (a)(2) (FOIA
Update, Vol. XIII, No. 3) (See also modification provided
in Congress Enacts
FOIA Amendments)
Can a "protective
order" issued by an administrative law judge be a sufficient
basis for withholding records under the FOIA? (FOIA Update,
Vol. XIII, No. 3)
Should agencies
give immediate attention to any FOIA requester's special request
that he be granted "expedited access" to records requested
under the FOIA? (FOIA Update, Vol. XIII, No. 3)
Is an "acknowledgment
letter" sufficient to satisfy the requirement that an agency
respond to a FOIA request within the Act's ten-day deadline? (FOIA
Update, Vol. XIII, No. 3)
The Critical
Mass Distinction Under Exemption 4 (FOIA Update,
Vol. XIV, No. 2)
Exemption 4 Under Critical
Mass: Step-By-Step Decisionmaking (FOIA Update,
Vol. XIV, No. 2)
Landano Decision
Requires Greater Disclosure (FOIA Update, Vol. XIV,
No. 3)
The "Reasonable
Segregation" Obligation (FOIA Update, Vol. XIV,
No. 3)
Supreme Court Decides FLRA Privacy
Issue (FOIA Update, Vol. XV, No. 2)
When an agency makes
a referral of requested records to another agency that originated
those records, does it retain any responsibility with respect to
those records in connection with that FOIA request? (FOIA
Update, Vol. XV, No. 3)
Agencies Place Increasing
Emphasis on Affirmative Information Disclosure (FOIA Update,
Vol. XVI, No. 1)
New Executive Order
on Classification of National Security Information Issued (FOIA
Update, Vol. XVI, No. 2) (See also Executive
Order on National Security Classification Amended (FOIA
Post, posted April 11, 2003) and Executive
Order 12,958, as Further Amended by Executive Order 13,292,
dated March 25, 2003)
The Timing of New
E.O. Applicability (FOIA Update, Vol. XVI, No. 2)
History of Exemption
1 Disclosure Orders (FOIA Update, Vol. XVI, No. 2)
Executive Order Comparison
Chart (FOIA Update, Vol. XVI, No. 2) (See also Executive
Order on National Security Classification Amended (FOIA
Post, posted April 11, 2003) and Executive
Order 12,958, as Further Amended by Executive Order 13,292,
dated March 25, 2003)
Determining the Scope
of a FOIA Request (FOIA Update, Vol. XVI, No. 3)
Should an agency
take any special step before providing a FOIA requester with a photocopy
of a record that is a poor copy or is not entirely legible? (FOIA
Update, Vol. XVI, No. 3)
The Bifurcation
Requirement for Privacy "Glomarization" (FOIA
Update, Vol. XVII, No. 2)
Congress Enacts
FOIA Amendments (FOIA Update, Vol. XVII, No. 4)
New Statute Protects
Contractor Proposals (FOIA Update, Vol. XVIII, No.
1)
Amendment Implementation
Questions (FOIA Update, Vol. XVIII, No. 1)
If an agency determines
that a certain type of record is the subject of multiple FOIA requests
that are all made shortly after the record's creation, but is not
likely to be requested again, need it place it in its reading room
under new FOIA subsection (a)(2)(D)? (FOIA Update,
Vol. XVIII, No. 2)
What form of measurement
should agencies use in notifying FOIA requesters of the amount of
information that has been deleted or withheld in a FOIA request? (FOIA
Update, Vol. XVIII, No. 2)
When an agency
places newly created adjudicatory decisions in its "electronic
reading room," must it take extra steps to produce an electronic
image of any signature that appears on those documents? (FOIA
Update, Vol. XVIII, No. 2)
Guidelines for
Agency Preparation and Submission of Annual FOIA Reports (FOIA
Update, Vol. XVIII, No. 3) (See also modifications
provided in If
an agency can most readily compile its statistics for the new form
of annual FOIA report by using working days rather than calendar
days, should it do so?, For
purposes of the new annual FOIA report, how should an agency count
a request for which the requester refuses to pay an applicable FOIA
fee?, and Supplemental
Guidance on Annual FOIA Reports (FOIA Post, posted
August 13, 2001))
Agencies Develop
Web Sites for FOIA (FOIA Update, Vol. XVIII, No. 3)
New Disclosure
Rule Adopted for Unit Prices (FOIA Update, Vol. XVIII,
No. 4) (Superseded by Treatment
of Unit Prices Under Exemption 4 (FOIA Post, May 29,
2002), New McDonnell
Douglas Opinion Aids Unit Price Decisionmaking (FOIA
Post, posted October 4, 2002), and Full
Court Review Sought in McDonnell Douglas Unit Price Case (FOIA
Post, posted October 7, 2004))
NOAA Develops
User-Friendly Web Site for FOIA (FOIA Update, Vol.
XIX, No. 1)
Electronic FOIA
Amendments Implementation Guidance Outline (FOIA Update,
Vol. XIX, No. 1) (See also Electronic
Compilation of E-FOIA Implementation Guidance (FOIA Post,
posted February 28, 2003))
Should agencies
explore their capability to receive FOIA requests electronically
through the Internet and their World Wide Web sites? (FOIA
Update, Vol. XIX, No. 1)
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? (FOIA
Update, Vol. XIX, No. 1)
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? (FOIA Update, Vol. XIX, No. 1)
Locating and
Maintaining Accurate Information on FOIA Home Pages (FOIA
Update, Vol. XIX, No. 2)
If an agency
can most readily compile its statistics for the new form of annual
FOIA report by using working days rather than calendar days, should
it do so? (FOIA Update, Vol. XIX, No. 3)
For purposes
of the new annual FOIA report, how should an agency count a request
for which the requester refuses to pay an applicable FOIA fee? (FOIA
Update, Vol. XIX, No. 3)
Do the grand
jury secrecy restrictions of Rule 6(e) of the Federal Rules of Criminal
Procedure prohibit agency FOIA officers from gaining access to grand
jury information for FOIA administration purposes? (FOIA
Update, Vol. XIX, No. 3)
Recommendations
for FOIA Web Sites (FOIA Update, Vol. XIX, No. 3)
Congress Enacts FOIA-Related
Legislation (FOIA Update, Vol. XIX, No. 4)
Supreme Court Vacates
Exemption 1 Decision (FOIA Update, Vol. XX, No. 1)
Agencies Continue E-FOIA
Implementation (FOIA Post, posted March 14, 2001)
GAO E-FOIA Implementation
Report Issued (FOIA Post, posted March 23, 2001)
Supreme Court Rules in
Exemption 5 Case (FOIA Post, posted April 4, 2001)
Supreme Court Declines
to Review Waiver Case (FOIA Post, posted August 7,
2001)
Supplemental Guidance
on Annual FOIA Reports (FOIA Post, posted August 13,
2001) (See also FOIA
Counselor Q&A: Annual FOIA Reports (FOIA Post,
posted December 19, 2003))
New Attorney General FOIA
Memorandum Issued (FOIA Post, posted October 15, 2001)
Anthrax Mail Emergency
Delays FOIA Correspondence (FOIA Post, posted November
30, 2001)
Guidance on Homeland Security
Information Issued (FOIA Post, posted March 21, 2002)
Treatment of Unit Prices
Under Exemption 4 (FOIA Post, posted May 29, 2002)
(See also New McDonnell
Douglas Opinion Aids Unit Price Decisionmaking (FOIA
Post, posted October 4, 2002) and Full
Court Review Sought in McDonnell Douglas Unit Price Case (FOIA
Post, posted October 7, 2004))
NTIS: An Available
Means of Record Disclosure (FOIA Post, posted August
30, 2002)
Follow-Up Report on E-FOIA
Implementation Issued (FOIA Post, posted September
27, 2002)
New McDonnell Douglas Opinion
Aids Unit Price Decisionmaking (FOIA Post, posted October
4, 2002) (See also Full
Court Review Sought in McDonnell Douglas Unit Price Case (FOIA
Post, posted October 7, 2004))
FOIA Amended by Intelligence
Authorization Act (FOIA Post, posted December 23, 2002)
Homeland Security Law Contains
New Exemption 3 Statute (FOIA Post, posted January
27, 2003)
Executive Order on National
Security Classification Amended (FOIA Post, posted
April 11, 2003)
Supreme Court Decides
to Hear "Survivor Privacy" Case (FOIA Post,
posted May 13, 2003)
FOIA Officers Conference
Held on Homeland Security (FOIA Post, posted July 3,
2003)
FOIA Counselor Q&A: "Frequently
Requested" Records (FOIA Post, posted July 25,
2003)
Agencies Rely on Wide
Range of Exemption 3 Statutes (FOIA Post, posted December
16, 2003)
FOIA Counselor Q&A: Annual
FOIA Reports (FOIA Post, posted December 19, 2003)
Critical Infrastructure
Information Regulations Issued by DHS (FOIA Post, posted
February 27, 2004)
Supreme Court Rules for "Survivor
Privacy" in Favish (FOIA Post, posted
April 9, 2004)
Use of "Cut-Off" Dates
for FOIA Searches (FOIA Post, posted May 6, 2004)
Full Court Review Sought
in McDonnell Douglas Unit Price Case (FOIA Post,
posted October 7, 2004)
The Limits of Agency Translation
Obligations Under the FOIA (FOIA Post, posted December
1, 2004)
Treatment of Unit Prices
After McDonnell Douglas v. Air Force (FOIA Post,
posted September 8, 2005)
The Freedom of Information Act (5
U.S.C. § 552, as Amended in 2007)
OMB
Fee Guidelines (52 Fed. Reg. 10012 (March 27, 1987))
Index to FOIA
Update (FOIA Update, Vol. XVIII, No. 4) (See
also keyword-searchable archive
of all issues of FOIA Update on the Department of
Justice's FOIA Web Site)
FOIA Administrative
and Legal Contacts at Federal Agencies (FOIA Update,
Vol. XX, No. 1) (See also regularly updated contact
list on Department of Justice's FOIA Web Site)
Executive
Order 12,958, as Further Amended by Executive Order 13,292 (68
Fed. Reg. 15315 (March 25, 2003))
Executive Order
No. 12,600, issued June 23, 1987
Memorandum
from OMB Concernng Updated Guidance on Developing a Handbook for
Individuals Seeking Access to Public Information, dated April
23 1998, and OMB
Bulletin No. 95-01, dated December 7, 1994
OMB
Circular A-110, Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and
Other Non-Profit Organizations (64 Fed. Reg. 54926 (October
8, 1999))
Introducing FOIA Post (FOIA
Post, posted March 14, 2001)
OIP Gives FOIA Implementation
Advice to Other Nations (FOIA Post, posted December
12, 2002) (See also World
Now Celebrates "International Right-to-Know Day" (FOIA
Post, posted September 28, 2004))
FOIA Post Interview: Chairman
Stephen Horn (FOIA Post, posted December 19, 2002)
Electronic Compilation
of E-FOIA Implementation Guidance (FOIA Post, posted
February 28, 2003)
Supreme Court Vacates
and Remands in ATF Database Case (FOIA Post, posted
March 25, 2003)
Compilations of FOIA Decisions
Now Cover Past Fifteen Years (FOIA Post, posted December
31, 2003)
World Now Celebrates "International
Right-to-Know Day" (FOIA Post, posted September
28, 2004)
The Use of Contractors
in FOIA Administration (FOIA Post, posted September
30, 2004)
Basic FOIA Training Manual
Now Available On-Line (FOIA Post, November 26, 2004)
FOIA Conferences Held
by Growing Numbers of Agencies (FOIA Post, posted February
22, 2005)
House Subcommittee Holds
Basic FOIA Oversight Hearing (FOIA Post, posted May
31, 2005)
Significant Recent Decisions