Protecting the Freedom of Information Act Requestor: Privacy for Information Seekers

Abstract

FOIA requests are one of the foremost tools of American democracy, a primary means for assuring government transparency. Asking for government information is a basic right of American citizens. Unfortunately, this right is threatened by a lack of privacy for FOIA requestors. Current laws do not contain mechanisms to prevent the release of FOIA requestors’ personal information and the substantive contents of their requests. Once outside of requestors’ hands, the contents of FOIA requests can be used to invade requestors’ private lives and even as a tool of persecution, especially in situations where the requests deal with controversial materials and issues. Leaving requestors’ information unprotected threatens to deter people from making FOIA requests. This article explains the insidious nature of the current FOIA scheme on requestors’ privacy, describes successful models for protecting requestors’ privacy, and proposes that either the FOIA or the Privacy Act of 1974 be amended to protect requestors’ privacy rights, discussing the benefits and potential pitfalls of each approach.

Keywords: Freedom of Information Act, Information Law, Privacy Law, Constitutional Law, Government Information