New FOIA guidelines encourage transparency

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U.S. Attorney General Eric Holder issued a memorandum (PDF) that directs all executive branch departments and agencies to apply a presumption of openness when administering the Freedom of Information Act.

The guidelines state that “an agency should not withhold information simply because it may do so legally” and that  when “an agency determines that it cannot make full disclosure of a requested record, it must consider whether it can make partial disclosure.” Holder emphasizes that everyone in the federal government is responsible for effective FOIA administration, not just an agency’s FOIA staff.

The memo addresses online records and data as well: “Accordingly, agencies should readily and systematically post information online in advance of any public request. Providing more information online reduces the need for individualized requests and may help reduce existing backlogs.”

The memo specifically “rescinds the guidelines issued on Oct. 12, 2001, by former Attorney General John Ashcroft.”

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