The Freedom of Information Act (FOIA), which can be found in Title 5 of the U.S. Code, Section 552, was enacted in 1966 and provides that any person has the right to request access to federal agency records or information. FOIA requires government agencies to respond to public requests for documents within 20 days after the request is received. All states have their own statutes governing public access to state and local records. Federal agencies unwilling or unable to respond within the 20-day period must justify their denial of a FOIA request. The FOIA exempts from public disclosure documents that:
1. are of national security interest
2. concern internal agency personnel practices
3. are specifically exempted from disclosure by federal statute
4. contain TRADE SECRETS or other confidential information
5. reflect internal agency deliberations on matters of proceedings or policies
6. are part of personnel or medical files
7. jeopardize law enforcement investigation’s or individual’s rights to a fair trial
8. relate to regulation or supervision of financial institutions
9. contain geological or geophysical data
All agencies are required by statute to make certain types of records created by the agency on or after November 1, 1996, available electronically. FOIA requests are not needed to obtain access to (1) final opinions and orders made in adjudicating cases, (2) final statements of policy and interpretations which have not been published in the Federal Register, (3) administrative staff manuals and instructions to staff that affect a member of the public, (4) copies of records that have been the subject of a FOIA request and that are of sufficient public interest or curiosity that the agency believes other persons are likely to request them, and (5) the agency’s annual FOIA report. There is no initial fee to file a FOIA request, and in the majority of requests made to the Justice Department, no fees are ever charged. By law, however, an agency is entitled to charge certain fees, which depend on the requestor’s category. FOIA is important to businesses in that media, publicinterest groups, companies, and industry trade associations use FOIA requests to learn about their competitors. Competitive intelligence professionals “mine” government documents, whether EPA documentation or SECURITIES AND EXCHANGE COMMISSION reports, to gather public information about competitor’s products and activities.