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The Freedom of Information Act (FOIA), 5 U.S.C. § 552, is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. It was signed into law by President Lyndon B. Johnson and went into effect in 1967. Freedom of Information Act (FOIA)
FOIA generally provides that any person (with the exception of another federal agency, a fugitive from the law, or a representative of a foreign government) has a right, enforceable in court, to request access to federal agency records, except to the extent that such records (or portions thereof) are protected from disclosure by one of nine exemptions.
In theory concerning FOIA, the government must release documents and information requested by the people to increase governmental transparency and decrease secrecy. However, the purpose of the Central Intelligence Agency (CIA) is to protect national secrets that if released could be detrimental to national security.
Therefore, how does the government address requests for information from the public, when releasing that information could be harmful to national security? • They can’t lie and say the records don’t exist because that is unconstitutional. • Also, they can’t say they have the records and possibly put the nation in harm.
So what does the government do? They issue a “Glomar response” in which they “neither confirm nor deny” the existence of records. Radiolab – Neither Confirm Nor Deny Glomar Response