Freedom off Act Information

The Freedom off Information Act (FOIA) is an American law signed on July 4th, 1966 by the president Lyndon B. Johnson, and come into force the following year. Based on the principle of the Freedom of information, it obliges the federal agencies to forward their documents, with whoever makes the request of it, whatever is its nationality.

Context of the vote of the law and provisions

The FOIA was voted in the context of the Guerre of Vietnam, the public opinion requiring an easier access to the Document S of the American Administration. However, this freedom of access is restricted by nine exemptions, for reason of National security, Secret defense, foreign politics, respect trade secrets of the Medical secret and the Private life, as well as information Géologique S and Géophysique S (including the Carte) concerning the wells.

Watergate and Privacy Act of 1974

The Privacy Act (Pa) of 1974 covers the access to the document concerning with the individuals. It makes it possible the latter to know information which the government holds on their subject, to correct them if they prove to be false, and to attack in justice the government if this one uses the data in a way not - authorized. Ten exemptions are envisaged.

In the wake of the Watergate, the president Gerald Ford wanted to reinforce the FOIA by amending it, but its principal private secretary, Donald Rumsfeld, and its vice-dir' cab, Richard Cheney, is then opposite there, with the reason for possible escapes. Moreover, the governmental lawyer Antonin Scalia (future judge with the Supreme court) declared the amendments with the FOIA envisaged by Privacy Act Anti-constitutionnels. Ford then decided to oppose its Veto to the law (according to documents déclassifiés in 2004). Nevertheless, the Congress passed in addition to the presidential veto, thus preserving the core of the FOIA always of effects today

These amendments with the FOIA relate to the governmental control of documents in connection with citizens. It makes it possible an individual to take note of documents relating to it personally, but being protected by an exemption from Privacy Act; right to amend this document if it is incomplete, incorrect or not relevant; and right to deposit felt sorry for against the government if this one lets others take note of these personal and confidential documents.

Under Reagan

The president Ronald Reagan dramatically restricts the access to the administrative documents between 1982 and 1995, while passing the executive Ordre 12.356 (1982) which authorized the federal agencies not to transmit information thanks to the exemption n°1 concerning the national security.

Criticisms against the decision of Reagan pushed the president Bill Clinton to strongly modify the criteria of transmission of information in 1995.

References

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