FOIA Advisor

FOIA News: Dep't of Transportation corrects Exemption 5 error in FOIA regs

FOIA News (2017)Allan BlutsteinComment

The U.S. Department of Transportation has re-amended its FOIA regulations after learning that they misstated the scope of the deliberative process privilege.  In 2016, Congress prohibited agencies from relying on the privilege to withhold records that are 25 years old or older.  But DOT's regulations issued on May 5, 2017 reversed this statutory sunset provision, stating that the privilege "only applies to records created 25 years or more before the date on which the records are requested."  DOT's technical correction will appear in the June 5th edition of the Federal Register and is effective immediately.