Government Could Hide Existence of Records under FOIA Rule Proposal - ProPublica

onaissues:

“A proposed rule to the Freedom of Information Act would allow federal agencies to tell people requesting certain law-enforcement or national security documents that records don’t exist – even when they do.

Under current FOIA practice, the government may withhold information and issue what’s known as a Glomar denial that says it can neither confirm nor deny the existence of records.

The new proposal – part of a lengthy rule revision by the Department of Justice – would direct government agencies to ‘respond to the request as if the excluded records did not exist.’”

Read more on ProPublica. 

This is a huge and dispiriting trend from our government—remember the Wikileaks subpoena that Twitter resisted last year? Part of that came with a gag order forbidding Twitter to inform anyone about the subpoena’s existence.

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