Dept. Of Interior Wants To Rewrite FOIA Law To Make It Easier To Reject Requests

The article critically examines the US Department of the Interior’s proposed revisions to its Freedom of Information Act procedures, arguing that these changes undermine the spirit of transparency. By establishing a new exception allowing agencies to reject requests deemed "unreasonably burdensome," the DOI effectively grants itself unilateral power to limit public access to information. This shift suggests a move toward restricting accountability rather than fulfilling statutory obligations, despite the agency’s stated commitment to prompt production. This regulatory tightening is linked to a surge in litigation, which the author attributes to systemic under-resourcing and past administrative controversies. The core implication is that government agencies often prioritize fighting legal challenges over responding to citizen inquiries. Consequently, the proposed rule risks creating a self-fulfilling cycle where restrictive policies generate more lawsuits, further justifying continued opacity and hindering meaningful public oversight. This development is highly relevant to open data initiatives because it signals a broader trend of federal agencies actively resisting data accessibility. If such precedents are accepted, other departments may adopt similar tactics to unilaterally block data requests. This poses a significant threat to open government efforts, potentially eroding the foundational principles of public record access and limiting the availability of critical information for researchers, journalists, and citizens alike.

Source: techdirt.com
Published on 2024-01-15

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