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US Information Access Laws - Are They a Threat to Law Enforcement?

NCJ Number
95348
Journal
FBI Law Enforcement Bulletin Volume: 53 Issue: 7 Dated: (July 1984) Pages: 13-19
Author(s)
S P Riggin
Date Published
1984
Length
7 pages
Annotation
The Freedom of Information Act (FOIA) and the Privacy Act of 1974 have reduced the efficiency of Federal law enforcement agencies and dried up sources of information critical to successful investigations.
Abstract
After the Watergate affair, Congress amended the FOIA to revise the blanket exemption for investigative files compiled by law enforcement agencies. It specified only six types of investigative records which can be withheld from public access: those which would interfere with enforcement proceedings, would deprive a person of the right to a fair trial or impartial adjudication, disclose the identity of a confidential source, disclose investigative techniques or procedures, and endanger the life or physical safety of law enforcement personnel. The Privacy Act was passed to give citizens and resident aliens control over information about them collected by agencies of the Federal Government's executive branch and how that information is used. There are several Privacy Act exemptions for law enforcement purposes similar to those in the FOIA. Experience has indicated that the American people are paying a rather high price for the right to inspect and copy Government records. The criminal element has discovered that the FOIA does not discriminate and that they have the right to examine some records of law enforcement agencies. Needed personnel and funds have been diverted from investigations to managing the FOIA and the Privacy Act. In addition, paid informants have been reluctant to provide the Government with valuable information because of the FOIA. A new law has been introduced in Congress to amend the FOIA to better protect Federal agencies' investigative records. Seven references are supplied.