The Freedom of Information Act - Paper Example

The right to access government information is crucial in preventing the government from misconstruction or abuse of power. It is the right of every concerned citizen to be informed about critical government operation such as security and its adherence to the bill of rights (Buren, 2017). In the 21st century, emerging issues such as terrorism are of great concern to the national security. In America for example, terrorism and extremism threaten the safety of American citizens. It is common for them to seek clarity from the government on how it handles threats to domestic security, its interest in regional conflicts and finance allocation to security operations (Bridis, 2017). They are also concerned about infringement of privacy and civil rights by the intelligence community. In most cases, the press is on the front line to inform the citizens on significant government operations and expose malpractice in government institutions.

The freedom of information act guarantees access to information by all concerned citizens. The idea behind this act was to enhance transparency and restore trust in all government operations (Buren, 2017). However, the act contains provisions that permit the government to withhold specific information on national security and law enforcement records. The exclusion protects sensitive information records by the federal law enforcement agencies under specific conditions. It is a requirement for every government agency considering authorizing an exclusion to seek clarification from the office of information and privacy ("FOIA Guide, 2004 Edition: Exclusions | OIP | Department of Justice", 2014). In exclusion, the government agency denies the existence of responsive files to the FOIA request.

The first exclusion to guard the proceedings of ongoing criminal investigations are justifiable and essential to protect the citizens. Amendments to the FOIA specifically points out the circumstances under which the exclusion is applicable. It applies only to a violation of criminal law and exempts enforcement of civil law. As such, the majority of citizens have no reason to worry about constant surveillance. However, with increased internal and external security threats, withholding laws enforcement files concerning possible violation of criminal law is paramount. Information sought through FOIA request may be used to tip off a person under investigation which might compromise investigations (Bridis, 2017). Suspects can also formulate a special FOIA request to determine whether they are under investigation. Furthermore, the provision permits withdrawal of this inclusion if the agency involved concludes that it could cause harm ("FOIA Guide, 2004 Edition: Exclusions | OIP | Department of Justice", 2014). Indeed, it only applies to individuals unaware of existing criminal law investigations. Once the suspects become aware of the investigation, the exclusions are withdrawn, and the files are subject to FOIA request.

The second exclusion seeks to protect the identity of confidential informers involved in criminal investigations. Just like some exemptions in the act, this exclusion allows government agencies to protect the identity of all confidential sources. Suspecting infiltration, a requester from an organized criminal group can inquire information to some referenced confidential sources that are available to any FOIA request. This particular disclosure could potentially compromise the confidentiality between criminal law agencies and informers ("FOIA Guide, 2004 Edition: Exclusions | OIP | Department of Justice", 2014). All request seeking information about confidential sources are treated as out of FOIA reach. Once there is official confirmation of the individuals status, the exclusion ceases to exist, and the files become subject to FOIA requests. Also, citizens are entitled to file court cases against any suspicious exclusion.

The third exclusion protects sensitive FBI records in areas of counterintelligence, foreign intelligence and classified file records on international terrorism. These files are prime targets by FOIA records. It is grounded in the governments interest in national security information. All attempts to request FBI records are treated and responded with remains classified information ("FOIA Guide, 2004 Edition: Exclusions | OIP | Department of Justice", 2014). Indeed, intelligence is an essential asset in counterterrorism. Such information must be kept out of public reach to prevent leakage of confidential information. Lastly, the act also provides procedural considerations upon which any agency is justified to apply any of the three special record exclusion. Any decision to invoke an exclusion must be reviewed by officials from the appropriate supervisory agencies. Therefore, the exclusions, and their intended purpose of protecting people outlined in the act are necessary.

References

Bridis, T. (2017). Obama administration sets new record for withholding FOIA requests. PBS NewsHour. Retrieved 14 November 2017, from http://www.pbs.org/newshour/nation/obama-administration-sets-new-record-withholding-foia-requests

Buren, P. (2017). How the War on Terror Became a War on the Constitution. The Nation. Retrieved 14 November 2017, from https://www.thenation.com/article/welcome-post-constitutional-america/

FOIA Guide, 2004 Edition: Exclusions | OIP | Department of Justice. (2014). Justice.gov. Retrieved 14 November 2017, from https://www.justice.gov/oip/foia-guide-2004-edition-exclusions