Jan
21
In the first afternoon of his Presidency, Barack Obama moved to make government more transparent than it has ever been. He not only ordered openness to FOIA requests, but called for release of information before anyone asks for it.
Most of the national dailies have reported that today’s memo directs federal agencies to err on the side of generosity: “In the face of doubt, openness prevails,” the President stated.
But the memo’s other major provision is both more important and more ambitious. The memo also calls for release of government information without anyone filing a written request, by means of “modern technology.” Presumably by posting the information on the web, and by making it available in public databases.
By making those measures mandatory, the president appears to have created a new standard of performance for the Freedom of Information; whereas the existing law describes a process through which journalists can plead for the release of information, Obama has apparently called for the release of virtually everything, as soon as it exists.
Obama’s policy is being described by bloggers and journalists as an improvement over the existing legislation, especially as interpreted by the Bush Administration.
From an NBC News story, posted at MSN:
“In an attempt to deliver on pledges of a transparent government, Obama said he would change the way the federal government interprets the Freedom of Information Act. He said he was directing agencies that vet requests for information to err on the side of making information public — not to look for reasons to legally withhold it — an alteration to the traditional standard of evaluation.
. . . .’But these historic measures do mark the beginning of a new era of openness in our country,’ Obama said. ‘And I will, I hope, do something to make government trustworthy in the eyes of the American people, in the days and weeks, months and years to come.’ “
See also articles at the Washtington Post and the Electronic Frontier Foundation.
Body of the memo is posted below:
THE WHITE HOUSE
Office of the Press Secretary
For Immediate Release January 21, 2009
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Freedom of Information Act
A democracy requires accountability, and accountability requires transparency. As Justice Louis Brandeis wrote, “sunlight is said to be the best of disinfectants.” In our democracy, the Freedom of Information Act (FOIA), which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open Government. At the heart of that commitment is the idea that accountability is in the interest of the Government and the citizenry alike.
The Freedom of Information Act should be administered with a clear presumption: In the face of doubt, openness prevails. The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears. Nondisclosure should never be based on an effort to protect the personal interests of Government officials at the expense of those they are supposed to serve. In responding to requests under the FOIA, executive branch agencies (agencies) should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public.
All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open Government. The presumption of disclosure should be applied to all decisions involving FOIA.
The presumption of disclosure also means that agencies should take affirmative steps to make information public. They should not wait for specific requests from the public. All agencies should use modern technology to inform citizens about what is known and done by their Government. Disclosure should be timely.
I direct the Attorney General to issue new guidelines governing the FOIA to the heads of executive departments and agencies, reaffirming the commitment to accountability and transparency, and to publish such guidelines in the Federal Register. In doing so, the Attorney General should review FOIA reports produced by the agencies under Executive Order 13392 of December 14, 2005. I also direct the Director of the Office of Management and Budget to update guidance to the agencies to increase and improve information dissemination to the public, including through the use of new technologies, and to publish such guidance in the Federal Register.
This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Director of the Office of Management and Budget is hereby authorized and directed to publish this memorandum in the Federal Register.
BARACK OBAMA
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