What does the Freedom of Information Act (FOIA) require?

The Freedom of Information Act (FOIA) primarily establishes the principle that the public has the right to access government records, thereby promoting transparency and accountability. Under FOIA, governmental agencies are required to disclose any information requested by the public unless that information falls under specific exemptions listed in the Act. These exemptions are designed to protect interests such as personal privacy, national security, and law enforcement investigations, among others.

This requirement for disclosure unless specifically exempted highlights the presumption in favor of openness, making it clear that access to government information is the norm, while secrecy is the exception. Such an approach empowers citizens to better understand government operations and decisions, fostering an informed public.

Discretionary disclosure does occur under certain circumstances, but it does not align with FOIA's fundamental principle of requiring disclosure unless exemptions apply. The act does not mandate immediate disclosure but instead specifies that agencies should respond to requests in a timely manner, generally within 20 business days, depending on the request's complexity. The protection of government records refers to the exemptions that are part of the FOIA framework, rather than a blanket rule against public access to all records.