1 / 17

Tools to Enhance Compliance with Freedom of Information Act: What it Means to You!

Tools to Enhance Compliance with Freedom of Information Act: What it Means to You!. 2008 Data Protection Seminar TMA Privacy Office. Freedom of Information Act Purpose. Provide guidance on the rules and procedures governing the Freedom of Information Act (FOIA).

freya-bullock
Download Presentation

Tools to Enhance Compliance with Freedom of Information Act: What it Means to You!

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Tools to Enhance Compliance with Freedom of Information Act: What it Means to You! 2008 Data Protection Seminar TMA Privacy Office

  2. Freedom of Information ActPurpose • Provide guidance on the rules and procedures governing the Freedom of Information Act (FOIA)

  3. Freedom of Information ActObjectives • This presentation will: • Explain the purpose of FOIA • Outline FOIA request exemptions • Describe the OPEN Government Act of 2007 • Explain what FOIA means to you

  4. Freedom of Information ActBackground • Freedom of Information • Section 552 of Title 5, United States Code (U.S.C.), known as the Freedom of Information Act, enacted in 1966 • Individuals utilize FOIA to obtain federal records • Revolutionary; Sweden and Finland had similar laws • Reversed burden of proof from requestor to government • Provides clear guidelines • Amendments in 1974, 1976, 1986, 1996, and 2007 refined the law

  5. Freedom of Information ActApplicability of Statutes • Federal Executive Branch departments, agencies, and offices • Federal regulatory agencies and federal corporations • Not subject to the Federal FOIA • Congress • Federal Courts • Executive Office of the President • State and local governments

  6. Freedom of Information ActAccess Rights Under the Law • FOIA makes Federal records available to the public, including: • Private parties • Government officials • Congress • Foreign governments • Foreign individuals • Foreign organizations

  7. Freedom of Information ActExemptions • Nine exemptions for NOT releasing records • Cited in the Act as 5 U.S.C. § 552(b)(1) through (b)(9) • Exemptions under the FOIA Law • (b)(1)—National security • (b)(2)—Internal practices • (b)(3)—Protected by other statutes

  8. Freedom of Information ActExemptions(continued) • (b)(4)—Trade secrets, commercial or financial information • (b)(5)—Privileged information • (b)(6)—Invasion of personal privacy • (b)(7)—Law enforcement • (b)(8)—Financial institutions • (b)(9)—Wells

  9. Freedom of Information ActProcessing Fees • FOIA statute allows government to charge fees for certain activities • Records Search • Duplication • Review • DD Form 2086, Record of Freedom of Information Processing Cost

  10. Freedom of Information ActOPEN Government Act of 2007 • Openness Promotes Effectiveness in our National (OPEN) Government Act of 2007: • The most recent amendment to FOIA • Signed by President Bush on December 31, 2007 • Addresses range of administrative and procedural issues

  11. Freedom of Information ActImpact of Changes • OPEN Government Act of 2007: • Section 3 - Protection of Fee Status for News Media • Section 4 - Recovery of Attorney Fees and Litigation Cost • Section 5 - Disciplinary Actions for Arbitrary and Capricious Rejections of Requests • Section 6 - Time Limits for Agencies to Act on Requests • Section 7 - Individualized Tracking Numbers for Requests and Status Information

  12. Freedom of Information ActImpact of Changes (continued) • Section 8 - Reporting Requirements • Section 9 - Openness of Agency Records Maintained by a Private Entity • Section 10 - Office of Government Information Services • Section 11 - Report on Personnel and Policies Related to FOIA • Section 12 - Requirement to Describe Exemptions Authorizing Deletions of Material Provided under FOIA

  13. Freedom of Information ActStatute Relationships • Overlapping sectors and compliance requirements • FOIA exemptions for NOT releasing records • Privacy Act – Individual consent • HIPAA exceptions TO allow the release records • Emphasizes rights • FOIA – Public rights • Privacy Act – Privacy rights • HIPAA – Privacy rights

  14. Freedom of Information ActStatute Relationships (Continued) • Own definition of what constitutes a record • FOIA – Public records • Privacy Act – Personal records • HIPAA – Personal Health Information (PHI) records

  15. Freedom of Information ActStatute Relationships(Continued) • Fees for Record Processing • FOIA costs may be charged back to the requestor • Privacy Act direct cost of reproduction fees only • HIPAA costs are not charged back to the requestor • Overlapping Sectors • All three protect PHI • Protect privacy rights of deceased differ • Require timely responses to requestors

  16. Freedom of Information ActSummary • You now can: • Explain the purpose of FOIA • Outline FOIA request exemptions • Understand the OPEN Government Act of 2007 • Explain what FOIA means to YOU

  17. Freedom of Information ActActivity • Diagnosis of FOIA Activity (To Release or Not to Release) 1. Phone Listing 2. Organizational Chart 3. Beneficiary Claims History 4. TRICARE Operations Manual 5. Request for Information

More Related