FOIA News: CFPB introduces revised FOIA regulations

The Consumer Financial Protection Bureau published a final rule implementing revised FOIA regulations in today’s issue of the Federal Register. In addition to amending its regulations in light of the FOIA Improvement Act of 2016, the agency made other changes to “streamline” its FOIA processes, among other things. The CFPB made some changes as a result of the eight comments it received in response to its August 24, 2016 notice of proposed rulemaking. The new regulations are effective October 12, 2018.

FOIA News: Blumenthal considers FOIA lawsuit for Kavanaugh docs

Blumenthal says he’s ready to sue for Kavanaugh documents

By Ana Radelat & Julia Werth, CT Mirror, Sept. 11, 2018

Washington –Sen. Richard Blumenthal on Tuesday said he will spearhead an effort to sue for documents relating to Judge Brett Kavanaugh’s tenure in the White House.

While Kavanaugh’s  four-day confirmation hearing before the Senate Judiciary Committee ended last week, Blumenthal’s quest for documents pertaining to Kavanaugh’s political career has not. Kavanaugh is President Donald Trump’s choice to fill the seat of retiring Supreme Court Justice Anthony Kennedy.

“We are going to be going to court sometime this week to compel compliance with our FOIA request,” Blumenthal said at a press conference in Hartford. “I will be leading that effort in filing legal action later this week.”

Read more here.

Court opinions issued Sept. 6-7, 2018

Sept. 7, 2018

James Madison Proj. v. DOJ (D.D.C.) -- concluding that government properly invoked Exemption 7(A) in refusing to confirm or deny existence of records indicating whether President Trump is or was ever target of or material witness to any investigation, and that public statements by President Trump and DOJ did not invalidate government's Glomar response. 

King & Spalding v. HHS (D.D.C.) -- finding that: (1) Executive Office for United States Attorneys did not perform adequate search for records pertaining to investigation of plaintiff's client (Abiomed, a medical device company), because agency's declaration did not identify terms used to search three of four email files; (2) EOUSA failed to demonstrate that material provided to government about Abiomed by unidentified individual or entity was protected by Exemption 7(D); and (3) EOUSA properly relied on Exemptions 6 and 7(C) to withhold name of counsel who had transmitted material to government on behalf of unidentified individual or entity, but name of counsel's law firm was not protected from disclosure.

Am. Ctr. for Law & Justice v. DOJ (D.D.C.) -- ruling that: (1) plaintiff waived its right to challenge adequacy of DOJ's search for records pertaining to June 2016 airplane meeting between then-Attorney General Loretta Lynch and former President Clinton, because plaintiff failed to raise search issue in joint status report; (2) DOJ properly relied on deliberative process privilege to redact ten of twelve documents consisting of discussions and talking points about how to handle press inquiries about airplane meeting.

Sept. 6, 2018

Montgomery v. IRS (D.D.C.) -- finding that: (1) IRS properly invoked Exemption 7(D) in refusing to confirm or deny the existence of records pertaining to whistleblower involved in investigation of plaintiffs, despite agency's error in not raising Glomar response during administrative stage; (2) IRS did not perform reasonable search for other records pertaining to agency's investigation of plaintiffs. 

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: FOIA Advisory Committee meets today

The first meeting of the Freedom of Information Act (FOIA) Advisory Committee’s 2018-2020 term will take place today from 10:00 a.m. to 1:00 p.m.  A livestream is available here.

[N.B.  For the first time in its history, the Committee's ten "government" members are not all federal employees.  See membership list here.]

Court opinion issued Sept. 4, 2018

Frank LLP v. CFPB (D.D.C.) -- holding that CFPB properly relied on Exemption 7(E) to redact two investigational hearing transcripts generated in connection with enforcement action.  

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: FOIAonline Glitch Revealed Personal Information, Including Social Security Numbers

Exclusive: Government transparency site revealed Social Security numbers, other personal info

By Tal Kopan, CNN, Sept. 3, 2018

A federal government transparency website made public dozens, if not hundreds, of Social Security numbers and other personal information in a design error during a system upgrade.

The error, on a Freedom of Information Act request portal, was fixed after CNN alerted the government to the situation. For weeks prior, however, individuals' sensitive personal information was available on the public-facing database unbeknownst to them or the government.

After a tip from a source who had noticed the glitch, with two quick searches, CNN discovered that the government had published at least 80 full or partial Social Security numbers. There were other instances of sensitive personal information, including dates of birth, immigrant identification numbers, addresses and contact details.

Read more here.

FOIA Focus: Update to Q&A with Ian Smith

Nearly two years ago, this website published an interview with Ian Smith, whose job responsibilities then included submitting Freedom of Information Act requests for the Immigration Reform Law Institute.  Earlier this week, The Atlantic reported that Mr. Smith had recently resigned as a program analyst at the U.S. Department of Homeland Security following the revelation of emails connecting him to white-nationalist activists.  To our further surprise, The Atlantic referenced several portions of our interview of Mr. Smith.  Although The Atlantic did not believe it was necessary to contact us for comment, we wish to inform our readers that we have never been aware of Mr. Smith's activities, nor do we endorse the views of white nationalists. 

Court opinion issued August 31, 2018

Ernest Asiedu Odei & Spirit of Grace Outreach. v. DHS (N.D. Ill.) -- determining that: (1) DHS performed reasonable search for records concerning denial of entry and detention of Ghanaian national, and (2) DHS "honored" disputed FOIA requests by releasing all documents with redactions and that plaintiffs did not object to Vaughn Index.   

Summaries of all published opinions issued since April 2015 are available here.

FOIA News: New and improperly trained employee released Spanberger's file

Hill staffers: Spanberger’s records released because employee misunderstood request

By Laura Vozzella & Jenna Portnoy, Wash. Post, Aug. 31, 2018 

The U.S. Postal Service’s extraordinary release of sensitive personal information about an ex-CIA officer running for Congress resulted from an employee mishandling a public-information request, according to two congressional aides briefed on the matter.

Abigail Spanberger, a Democrat trying to unseat Rep. Dave Brat (R-Va.), touts her experience as a former intelligence officer and postal inspector. So on July 9, GOP opposition researchers with the organization America Rising filed a public records request with the federal government, seeking basic employment information.

The Postal Service told congressional aides in a briefing Thursday that an employee in a new position, who had not been properly trained, mistakenly treated the request as if Spanberger were asking for her own records.

Read more here.

Court opinion issued Aug. 29, 2018

San Juan Citizens All. v. Bureau of Land Mgmt. (D. Colo.) -- in a wieldy opinion, (1) denying parties' summary judgment motions regarding adequacy of government's search for records concerning Glade Run Recreation Area, noting that "each party has the burden of proof showing reasonableness and neither party has met that burden"; (2) finding that "there may be merit in proceeding" with plaintiff's claim that agency has pattern and practice of illegally withholding records from plaintiff; and (3) denying plaintiff's motion for contempt orders against agency officials for submitting declarations that plaintiff asserted were "ambiguous and unresponsive."

Summaries of all published opinions issued since April 2015 are available here