Specific Problems With the Freedom of Information Act

The freedom of information act has made it possibledisclosure prevented it from opposing the release
for all of us to enjoy a greater degree of freedom, byeither before the EPA or in court. Although the
making government oppression harder to get awayMonsanto matter arose after the Judiciary Committee
with. By creating the statutory requirement that everyreported out S. 1730, it shows the wisdom of the bill's
government department operates with full disclosureprovisions requiring government agencies to notify
given, an atmosphere of mutual trust is developed.businesses in advance whenever the agency intends
However, the act is not without its downsides. In thisto publicly release trade secrets or sensitive
article, I will covre some of the specific problems whichcommercial information under the FOIA.
have arisen.Manuals And Examination Materials:
Secret Service Files:The FOIA often compels the government to release
In past testimony before Congress, the Secret Servicethe internal manuals and instructions that government
has revealed that many local police departments noagencies give to their investigators, auditors, and
longer share information with them because theynegotiators. Frequently, these materials set forth the
believe that the Service will not be able to protect thegovernment's confidential investigatory techniques and
information from mandatory disclosure under the FOIA.guidelines. Public disclosure of these manuals
By 1977, this problem had grown to such an extentsignificantly hampers the government's ability to
that the Secret Service testified that it recommendedenforce the law, detect fraud, or acquire goods and
against President Carter visiting two cities because ofservices at competitive prices, since subjects of
fears that the Service could not protect the President'sinvestigations or government suppliers may learn in
personal safety. Moreover, in 1981 the Secret Serviceadvance what the government intends to do. Because
testified that its informant information had dropped byof the crucial role that manuals and guidelines play in
75% since the passage of the 1974 amendments tothe government's law enforcement and acquisition
the FOIA.programs, we strongly believe that they deserve more
Commercial Information:complete protection.
Every year, thousands of businesses submit to thePersonal Privacy:
government many of their most important andOne can point to many laws Congress has enacted -
confidential trade secrets and business records.notably the Privacy Act of 1974 - that exemplify the
However, there is no requirement in the FOIA that theimportance all of us attach to the interest in personal
government must notify these companies when itprivacy. Anomalously, however, the FOIA often
intends to release this information to the public. Thepermits a complete stranger to obtain access to
seriousness of this shortcoming is shown by thegovernment files that contain personal information
recent, unhappy experience of the Monsantoabout us. Often a requester's purpose is chiefly
Corporation, As required by law, Monsanto provided tocommercial - credit bureaus, employment agencies,
the EPA the formula it had developed for one of itsand life insurance companies rank among the most
most successful herbicides. Roundup. Though an errorcommon users of the FOIA for this purpose - but
of judgment, employees of the EPA disclosed thedisclosure of personal information about us is an
formula to another company under the FOIA, withoutinvasion of privacy nonetheless. Any system providing
even notifying Monsanto. It appears that the FOIA didfor the public disclosure of government records must
not actually require the EPA to turn over Monsanto' snecessarily provide that information the government
secret formula to the requester. However, the factcompiles about its citizens should be protected from
that Monsanto never received notice of the impendingthose who would use it to invade our personal privacy.