Brief 10: Freedom of Information Act

Most people of the world's journalists are familiar with the Freedom of Information Act. It is is crucial for their research. This forces transparency within a governing body by allowing anyone to have access to public records. This allows journalists to get primary documents vital for accuracy in articles. It also allows for statistics to be produced for public knowledge. While not all journalists or people have this privilege in countries around the world, everyone within the United States has the right to access public records. This is a huge freedom; there is just over 90 countries globally that allow their citizens this freedom.

By definition, the Freedom of Information Act "has provided the public the right to request access to records from any federal agency... Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement." Source. The law has been in place here in the United States since 1967, and countless times since people have enforced this right to gain access to knowledge.

In most recent events, people have been demanding the release of records in regards to COVID-19 documents. Various situations have arose, whether it be statistical medical records or things of that nature, where people within the United States feel the right to be informed regarding the virus. During this time of uncertainty, people want to stay fully informed. For the most part, there appears to be an overall compliance to the need. One quick Google search, and a plethora of information regarding how many cases, which states, the demographic of people who are most susceptible, etc can be found easily. This is due to a transparency of records and groups of people ensuring everyone stays informed.

However, there have been several cases where organizations have refused to release public records, and a heated legal dispute has arisen. Tension always rises high in these cases when government groups refuse to release documents. While one side is demanding the right to privacy, the other is saying they are withholding information and violating the FOIA. During this pandemic, there is a particular group that is invested the current state of prisons during the outbreak. The American Civil Liberties Union, or ACLU, in several states is asking for the prison records to be released.

In Iowa, the ACLU has filed a public records request to the current Iowa Governor, Kim Reynolds. The requests asks for information about the prisons in Iowa. They are concerned about the spread of the virus among the inmates as well as the surrounding communities. They are hoping to gather information about the possible impact that COVID-19 will have based on whether or not the spread of the virus is currently contained within the prison system. They are also wanting to know how what actions the prisons are taking to ensure safety and are asking that this information be released too. Legal Director Rita Bettin Austen was quoted saying,

"The ACLU has been concerned to see state agencies' lack of transparency regarding COVID-19, specifically, how agencies are making critical decisions that affect the health of potentially every person in Iowa. Transparency is an essential aspect of government accountability during these unprecedented times. Access to these types of public records has never been more important to maintaining our democracy than now, when the government is operating with significant emergency powers." ACLU of Iowa Legal Director Rita Bettin Austen." Source

 The information was given to the ACLU, and they revealed that Iowa's prisons are not suffering from a high group of contaminated inmates. Unlike other states, their population of positive cases is minimum. The ACLU is also taking action in other states like Indiana to get widespread information on the current virus outbreak in prisons. 

The decision to turn over the records was a wise one. When government agencies refuse to turn over records, things can get ugly. Things get very tricky very quickly when they do not, and that is the current situation in Texas.

 There has been a huge outcry in Texas for the state for the release of information on which nursing homes have patients that have tested positive for the virus. Other states are complying such as Georgia, New York, Florida, and Oklahoma. Studies and data are able to be collected from these states and people are able to respond to the situation accordingly regarding the safety of their loved ones. But this not the case in Texas. People are concerned for the safety of their relatives, but the state of Texas has an exemption rule for the FOIA. A law passed in 2001 called the Medical Records Privacy Act is allowing Texas to legally deny people the information. This is leaving many people in a difficult place. Many aren't sure whether or not their relatives are safe where they are at. It is a growing concern.

This situation has required legal parties to step in. New guidelines are being established that require nursing home funded by federal or public finances to release their records. This will be enacted this month. However, this does not apply to privately owned or state funded nursing homes. Since those are under state control, they are protected by the medical act that was passed, and they will not be forced to comply. Though the legal action helps some, it does not cover all the nursing home facilities within the state. There will still be many people left in the dark on whether or not their loved ones are truly safe. 

The FOIA has proved to be useful in various situations. During this pandemic, it has done well to keep people informed, but we can also see what happens when people are denied this information. Having the right to information is crucial. People deserve to be informed. In a time such as this with high stress and panic, it is needed to have information accessible for everyone's peace of mind.