The Electronic Freedom of Information Act Amendments of 1996 are bringing the FOIA into the digital age. The amendments were signed into law by President Clinton on Oct. 2. One of the key points of the amendments is that government should "provide for public access to information in an electronic format," such as databases stored on computer tapes and CD-ROM disks. That whether electronic information is accessible - has been acknowledged by several federal agencies for years.
The new law "makes explicit" that such records are open to the public. The law also: Allows a requester to get information in "any form or format" requested, including computer format. Requires agencies to put a substantial amount of information on-line. That requirement applies to documents created after Nov. 1 and include "agency opinions and policy statements," information released under FOIA and likely to be requested again, and other information that the agencies now are required to release.
Agencies have until Nov. 1, 1997 to make these records available on-line. Requires creation by agencies of electronic on-line indices of the records previously released under FOIA. The indices must be on-line by Dec. 31, 1999. Requires agencies to create a "multi-track" system for the release of records. In essence, simpler requests would be put on a different "track" than more detailed requests. Persons asking detailed requests would be given the option of limiting their request to get onto a faster track.
Changes the time agencies have to respond to FOIA requests from 10 days to 20 days. How worthwhile the changes will be is being debated. The National Security Archives, a private nongovernmental research library, states that some of the changes are flawed including the multitrack provision, which, the Archives says, is "permissive" and old-hat, because many agencies already have a multitrack provision.
For a look at the Archives' analysis of the EFOIA amendments, check its homepage at "http:/ www.seas.gwu.edu/nsarchive." A more harsh view of the amendments is offered by Bob Gellman, a Washington, D.C., privacy and information consultant. He calls the provisions "mediocre and limited." For his viewpoints, see the Oct. 9 issue of Access Reports. Despite its shortcomings, the EFOIA does at least codify access to databases, the mainstay of reporters who specialize in computer-assisted reporting, said Paul McMasters, the First Amendment ombudsmen for the Freedom Forum and a nationally known expert on FOIA issues.
"Journalists should be especially happy about this," said McMasters, who recently was inducted into the National Freedom of Information Act Hall of Fame.