The Mudcat Café TM
Thread #141183   Message #3248342
Posted By: artbrooks
01-Nov-11 - 09:28 AM
Thread Name: BS: New rules for FOIA
Subject: RE: BS: New rules for FOIA
Thank you for the link, BB. I read this in detail, and it does not seem to change FOIA (which I worked with for some 30 years) significantly. I could not find the specific clause pointed out in the Washington Examiner's article, that is, that it"directs government agencies who are denying a request under an established FOIA exemption to "respond to the request as if the excluded records did not exist," rather than citing the relevant exemption."

The relevant part of the regulation, in the proposed change, reads as follows: "Sec 16.6(c) Adverse determinations of requests. A component making an adverse determination denying a request in any respect shall notify the requester of that determination in writing. Adverse determinations, or denials of requests, include decisions that: the requested record is exempt, in whole or in part; the request does not reasonably describe the records sought; the information requested is not a record subject to the FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily reproducible in the form or format sought by the requester. Sec 16.6 (d) Content of denial letter. The denial letter shall be signed by the head of the component, or designee, and shall include:
    (1) The name and title or position of the person responsible for the denial;
    (2) A brief statement of the reasons for the denial, including any FOIA exemption applied by the component in denying the request..."

Perhaps I have missed something; could you possibly point out the clause to which the article refers?