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THE OBAMA ADMINISTRATION'S COMMITMENT TO OPEN GOVERNMENT
STATUS REPORT

who field FOIA requests every day. That understood, the past two years have seen genuine and measurable change in agencies' responsiveness to FOIA requests, as well as greater commitment by agencies to improve how FOIA requests are handled, and not least of all greater agency effort to increase transparency by making information available to the public proactively—without requiring a formal FOIA request.

Responding to FOIA Requests

Increased Disclosure. Over the last fiscal year (i.e., from October 2009 through September 2010), which is the first full year of the Administration for which such data are available, agencies increased their disclosures in response to FOIA requests. Agencies made full disclosures—i.e., un-redacted disclosure of all requested information—for nearly 56% of all FOIA requests where responsive records were processed. This constitutes more than a 6% increase over the previous year from October 2008 through September 2009. It also marks the first increase in full FOIA disclosures in the past ten years.[1] Full releases among all agencies with Chief Financial Officers ("CFO Act agencies")[2] likewise increased significantly over the last year.

Several departments have made especially great strides. For example, the USDA increased its full releases by 90%.[3] HUD increased its full releases by 85%. DOJ increased its full releases by 21%. DOE increased its full releases by 21%. The Department of Defense increased its full releases by 12%. The State Department increased its full releases by over 200%.

Even where full disclosures are not possible due to the operation of one or more FOIA exemptions, the Administration has called on agencies to make partial disclosures, providing information where possible while redacting information that is properly protected under the Act's exemptions. Taking partial and full disclosures together, then, agencies made disclosures in 93-94%% of all processed FOIA requests over the last fiscal year. In other words, in only 6-7% of processed cases did agencies not disclose any requested information, due to the operation of one or more FOIA exemptions. Further, more than half of the CFO Act agencies decreased their full denials over the past fiscal year. Given that some FOIA requests seek information that is properly and legitimately protected from disclosure, for reasons such as protection of personal privacy, for example, these disclosure rates show that agencies are taking steps to identify records where greater releases can be made and providing greater transparency through FOIA.

Reduced Exemptions. Agencies have also invoked FOIA's exemptions less often. Over the past fiscal year, the ninety-seven agencies subject to the FOIA together invoked FOIA

  1. See OMB Watch, "An Assessment of Selected Data from the Annual Agency Freedom of Information Act Reports," (Mar. 16, 2011) at 3.
  2. The twenty-four CFO Act agencies receive the vast majority of all FOIA requests, and for that reason are often taken together as the set of agencies most important for FOIA purposes.
  3. The quantitative measures here and throughout this discussion are contained in agencies' Annual FOIA Reports. Those reports are available to the public, and are now searchable at a new website maintained by DOJ's Office of Information Policy, at FOIA.Gov. Agencies' Annual FOIA Reports provide the best statistical picture of their FOIA performance.

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