THE FREEDOM OF INFORMATION ACT
(FOIA)
AS ADMINISTERED BY THE NCUA IS PRESUMPTUOUS,
... IN THE WORST SENSE OF THE WORD!
Let me give you an example. Why don't you check out the official 2016 NCUA Chief FOIA Officer Report (for calendar year 2015) [here's the link]. Take a look in particular at item # 4.
First before we proceed, you should understand three concepts: 1) the FOIA defines eight specific categories of information which are exempt from disclosure - all else should be published - [here's the list: see 792.11, particularly #8], 2) the FOIA provides the NCUA with broad discretionary authority to release or not release information even that falls within those eight exemptions, and 3) the FOIA anticipates "the presumption of openness".
Congress and the President have encouraged the NCUA (and other departments and agencies) to use a "presumption of openness" when considering whether or not to publish information. In other words, the right of the people to know should be paramount.
NCUA claims to follow this mandate on openness (see # 4 in the Chief Officer's Report): "NCUA follows the Attorney General's FOIA Guidelines encouraging agencies to make discretionary disclosures when information technically falls within an exemption... The Chief FOIA makes the determination if discretionary release is appropriate, after considering the applicable interests and determining the interests served by disclosure outweigh other relevant interests."
Also take a look at the expectations of the U.S. Department of Justice as to how the "presumption of openness" is to be interpreted and implemented; [Here's the link - scroll down to the "Summary"]. Pretty clear - "What can I release?"; ".. not withheld merely because they fall within an exemption"; "... make discretionary releases of records when possible."; "... strive to make partial disclosure." - isn't it?
First before we proceed, you should understand three concepts: 1) the FOIA defines eight specific categories of information which are exempt from disclosure - all else should be published - [here's the list: see 792.11, particularly #8], 2) the FOIA provides the NCUA with broad discretionary authority to release or not release information even that falls within those eight exemptions, and 3) the FOIA anticipates "the presumption of openness".
Congress and the President have encouraged the NCUA (and other departments and agencies) to use a "presumption of openness" when considering whether or not to publish information. In other words, the right of the people to know should be paramount.
NCUA claims to follow this mandate on openness (see # 4 in the Chief Officer's Report): "NCUA follows the Attorney General's FOIA Guidelines encouraging agencies to make discretionary disclosures when information technically falls within an exemption... The Chief FOIA makes the determination if discretionary release is appropriate, after considering the applicable interests and determining the interests served by disclosure outweigh other relevant interests."
Do you think the following NCUA FOIA response meets that spirit of
"presumption of openness"?
... or is simply presumptuous?
ACCOUNTABILITY - COMPETENCY - TRANSPARENCY
No comments:
Post a Comment