Freedom Of Information

1.

Is the right to access public documents and attend meetings in the Constitution?

A.

Yes. Our Constitution outlines several very specific laws so the public can examine records and attend meetings.
B.

No. Freedom of Information laws are policies each government agency started adopting in the 1920s, but the laws are strictly enforced by department heads.
C.

Yes. The right to access public documents is in the United States Bill of Rights.
D.

No. It is a right that was passed by Congress in the mid 60s. Some state consitutions, however, do include a right to examine records and attend the meetings of public entities.

Correct Answer
D. No. It is a right that was passed by Congress in the mid 60s. Some state consitutions, however, do include a right to examine records and attend the meetings of public entities.

Explanation
While not in the Constitution, the Freedom of Information Act, or FOIA, which Congress passed and President Lyndon Johnson signed in 1966, allows the public to access documents and meetings of public entities.

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2.

Which of the following is true:

A.

A Freedom of Information request must always be in writing.
B.

Freedom of Information requests can be made in person, electronically, or in writing.

Correct Answer
B. Freedom of Information requests can be made in person, electronically, or in writing.

3.

Under your state's freedom of information law, which of the following is likely to be off limits?

A.

Salaries and overtime payments.
B.

Correspondence sent by or received through a government e-mail address.
C.

Police investigation records relating to a closed arson investigation.
D.

The medical records of six individuals who died within a week of each other in a city-owned home for the elderly.

Correct Answer
D. The medical records of six individuals who died within a week of each other in a city-owned home for the elderly.

Explanation
Medical records are tough for the public to obtain because of specific laws relating to health records and privacy exclusions under the freedom of information law.

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4.

True or False? The federal government posts all public information on its agencies' Web sites. If the information is not posted, the information is not covered by the Freedom of Information Act.

A.

True.
B.

False.

Correct Answer
B. False.

Explanation
Government agencies at the federal, state and local levels are making more and more information available online. However, the vast majority of records are not disclosed to the public unless requested either informally or through formal freedom of information requests.

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5.

True or False? Freedom of Information requests can be vague in description and even if the specific document is not requested, the government must make every effort to locate and provide every document that may include what the person is looking for.

A.

True. A person can make a general request and an agency will make every attempt to locate and provide the information.
B.

False. Freedom of Information requests must be specific and must reasonably describe the records being sought. This means that a request must be specific enough to permit a professional employee of the agency who is familiar with the subject matter to locate the record in a reasonable period of time.

Correct Answer
B. False. Freedom of Information requests must be specific and must reasonably describe the records being sought. This means that a request must be specific enough to permit a professional employee of the agency who is familiar with the subject matter to locate the record in a reasonable period of time.

Explanation
Requesters should make requests as specific as possible. If
a particular document is required, it should be identified
precisely, preferably by date and title. However, a request
does not always have to be that specific. A requester who
cannot identify a specific record should clearly explain his or her needs. A requester should make sure, however, that a request is broad enough to include all desired information.

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6.

True or False? When a Freedom of Information request is made, an agency must provide the records or documents along with a detailed explanation of the information within the records.

A.

True.
B.

False.

Correct Answer
B. False.

Explanation
The Freedom of Information Act only requires an agency to release the public records. No explanation of the material is required.

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7.

True or False? There is a time limit on the amount of time an agency has to reproduce a document requested under the Freedom of Information Act.

A.

True.
B.

False.

Correct Answer
A. True.

Explanation
Under the FOIA, federal agencies are required to respond to your request within 20 working days of receipt (excluding Saturdays, Sundays, and federal holidays). If you have not received a response by the end of that time (allowing for mailing time), you may telephone the agency or write a follow-up letter to ask about the status of your request. Sometimes an agency may need more time to find the records, examine them, possibly consult other persons or agencies, decide whether to disclose all of the information requested, and prepare the records for disclosure. Agencies may extend this 20-day period for up to 10 more working days, with written notice to you. Some agencies, particularly law enforcement agencies, receive large numbers of requests, many of which involve voluminous records or require exceptional care to process. If an agency has a backlog of requests that were received before yours and has assigned a reasonable portion of its staff to work on the backlog, the agency ordinarily will handle requests on a first-come, first-served basis and may not respond to all requests within the statutory time period. The FOIA allows an agency to set up processing categories so that simple requests do not have to wait to be handled because a more complicated request was received by the agency first.

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8.

True or False? When a person makes a Freedom of Information request, an agency must provide copies of the documents or records at no cost to the person making the request.

A.

True.
B.

False.

Correct Answer
B. False.

Explanation
Some records and documents may be visually inspected at no cost, but agencies may charge for the cost of materials if hard copies of the documents or records are provided.

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9.

True or False? If a requested document contains a portion of information that is considered exempt by the Freedom of Information Act, the entire request can be denied.

A.

True.
B.

False.

Correct Answer
B. False.

Explanation
If a portion of the requested record or document contains exempt information, the information must be redacted (blacked out) and then the document or record can be released.

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10.

True or False? If information or documents requested through a Freedom of Information request are maintained in a computer, an agency is required to retrieve the information even if the retrieving of information may result in the creation of a new document when the data is printed or written on an electronic device.

A.

True.
B.

False.

Correct Answer
A. True.

Explanation
When records are maintained in a computer, an agency is
required to retrieve information in response to a FOIA request. The process of retrieving the information may result in the creation of a new document when the data is printed out on paper or written on computer tape or disk. Since this may be the only way computerized data can be disclosed, agencies are required to provide the data even if it means a new document must be created.

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