Freedom of Information Act
Freedom of Information Act is a state regulation set up in the United States that permits the public community of America entire or limited right of entry to essential data and documents in the government’s possession (Administrative Law, 2017). The Act states that considered a written request is submitted to the authorities in charge, the government is obliged to issue the requested information except when the information lies in the nine exemptions as recorded in the law.
The nine exemptions according to the Freedom of Information Act outlines;
- Confidential government records that might disrupt the state’s security.
- Internal data concerning workforce rules and agency performance.
- Information facts protected from leaking to the public.
- Confidential marketable or financial information especially about a trade.
- Data that may be advantaged to lawsuit.
- Information that may assault an individual’s discretion.
- Evidence linked to government regulatory procedures of financial institutions.
- Specific geological or geographical information.
The Freedom of Information Act, inclusive of the nine exemptions, is a legal amendment that was approved by President Lyndon B. Johnson in the year 1966 on July. All administrative branches, agencies, offices, national regulatory bureaus and national corporations are entitled to the Freedom of Information Act. Excluded from the act’s enactments are the legislature, central courts and segments of the president’s office whose role is to advise and aid the President. The Freedom of Information Act allows the request of information from any individual whether an American citizen, an immigrant, organizations, business associations and educational institutions in regards to all records generated or extracted by the government. The information can be obtained in the form of print media, photographic images, video recordings, maps and electronic mails.
The Privacy Act of 1974 is a national law that issues limits on assembling, maintenance, usage, and broadcasting of private information about people, which is maintained in record systems by national organizations. The act was endorsed by the 93rd Congress of the United States and was considered effective in the year 1974 on the 31st of December. The Privacy Act obliges agencies to issue the community notification in relation to their system of records through written communication in the Federal Register. Additionally, the act offers individuals means of finding admission and making necessary corrections to their accounts. The Privacy Act, according to Rodi (2013) however forbids exposure of vital data obtained from the record system, without written consent of the person in focus, unless the information disclosed is among the stated exceptions:
- Meant for statistics especially by Census and Labor Statistics Bureau.
- Aimed at routine usage within the U.S governmental organization.
- Data intended for storage.
- Information required in enforcing a law.
- Data needed to carry out investigation by the legislature.
- For administration purpose.
According to the Privacy Act (2000), it is mandatory that every governmental agency in the United States provides a physical and administrative system to secure and prevent illegal issuing of unpermitted personal data. The Act under subsection “U” obliges all agencies the need for a Data Integrity Board. The main purpose of the board is creating annual reports entailing available grievances of the act’s violation and responsive measures taken to as a step of rectification. In the Privacy Act, it is also stated that every agency responsible for maintaining a system of records is required to (1) authorize any individual, upon request, to examine the record and the right to a copy of all or part of the data in their desirable form and (2) license the individual the will to request alteration of the relative system of record.
Privacy Act
The Freedom of Information Act is considered a necessary law since it empowers the public, through enabling the average citizen power to request and attain vital information concerning its government’s actions. Knowledge of the government’s doings also prompts the necessarily involved parties to act responsibly in matters concerning the nation. By authorizing access to information, politicians are able to account for their actions thus enhancing and promoting transparency in the government. The Act also provides a sense of belonging to the citizens since they feel involved in their country’s proceedings. Another important virtue depicted by the enactment of the Freedom of Information Act is a democracy. The Act demonstrates democracy in the sense that the public has a right to follow up the governmental actions and be aware of the abusive use of power if any, by the politicians.
On the other hand, the Privacy Act is equally important since its major role is to offer protection of personal information of individuals. The government is held responsible for the increased violation of citizen’s privacy but due to the Act, illegal attainment of private data on individuals has been regulated. The enactment of the Privacy Act also plays a major role in giving the citizens a sense of self-security. The Act gives the people a chance to exercise power over self-information and the right to secrecy. An individual is privileged to interact freely without having to hide or escape flooding media questions which tend to choke one’s comfort, especially to celebrities. Another reason supporting the importance of the Privacy Act is that it promotes one’s wish of remaining anonymous. Discretion of personality reduces crime rates since individuals would not want to be involved in activities that would expose them to public attention.
Whenever the term lobbying is referred to, many negative thoughts cross most minds. Lobbying is greatly discriminated for claims of existing untrustworthiness which is not the case. According to professor Viviane, lobbying is a rapidly evolving issue and its role gets even more magnified in the public viewing. The public greatly supports lobbying by boosting the forward push of the Privacy Act. Through lobbying, the public is able to persuade their government in making necessary changes to strengthen the Privacy and Freedom of Information Acts. It was quite difficult to suggest amendments of the Privacy Act before the introduction of lobbying. Lobbying promotes transparency in processes of the government and law-making and encourages public connection (Allard, 2014).
Importance of the Freedom of Information and Privacy Acts
Secondly, lobbying has created a new identification to the public. The public comes to accept lobbying as an important aspect when they need abrupt solutions to crisis situations. The presence of lobbyists contributes largely to conflict resolution and compromising situations. Lobbying tends to offer the public with an alternative solution in getting their grievances addressed in the right procedure. Lobbying is considered a vital tool that largely assists the public in wise decision making. The public is able to receive a variety of choices to decide on so as to take the right approach in communicating with the necessary party concerned. Effective and genuine access and flow of necessary information within the public and their legislature promotes transparency and equality among all individuals. Through promoting clear motives of the government to its people, the government will benefit earned trust from the citizens and promoting beneficial status in the state for the good of all (Borisov, Goldman& Gupta 2016).
Lobbying is the legal procedure of exerting influence to public officials persuading them to either endorse or rule against lawmaking. Lobbyists act as mediators between the people and their legislature.in lobbying, there are important rules and regulations that need to be followed for effectiveness (Weiser, 2015). The rules state; communications made to any staff or governmental member should be error-free so as to attain a good impression. Brevity and clarity should be observed and know the stand of the individual being communicated to; whether in agreement, opposition or neutralism, on the bill of concern should be key. Threats, anger, and intimidation towards the member should not be expressed as they will hinder success in your planned motive. The facts stated should be on point and the information being offered should not be subjected to bias, incompletion or falsified analysis. Direct communication in regards to a genuine personal opinion creates effective approach. The communication should entail complete address, contact information, and credentials plus a stated role of whom the lobbyist is communicating on behalf of. It is important to listen carefully, show respect to the members involved and ask necessary questions whenever clarification is needed. At the end of every session be sure to be thankful for the time provided even if your goals were not met.
According to my understanding, lobbying is an important aspect that helps the public attains a mode of communication reaching an agreement with the legislature. Lobbying makes it possible for individuals to air out their grievances and have their issues addressed in the right way and they can take part in the process. I, therefore, believe that lobbying should remain a continuous practice so as to promote fairness and satisfaction among both parties involved. Lobbying can be used a means of promoting peace between the government and its people. Lobbying also promotes co-existence of social and moral values among individuals and most importantly, creates respect of one’s right to privacy and freedom of information.
References
Administrative Law — Freedom of information Act — Sixth circuit holds that mug shots may be exempt from disclosure under FOIA personal privacy exemption. (2017). Harvard law review, 130(3), 1016-1023.
Allard, N. (2014). Cite a Website – Cite This For Me. Brooklynworks.brooklaw.edu. Retrieved 23 April 2017, from https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1532&context=faculty
Borisov, A., Goldman, E., & Gupta, N. (2016).The Corporate Value of (Corrupt) Lobbying.Review Of Financial Studies, 29(4), 1039-1071.
Kerr, O. S. (2014). The next generation communications Privacy Act. University of Pennsylvania Law Review, 162(2), 373-419.
Rödl, F. (2013). Fundamental Rights, Private Law, and Societal Constitution: On the Logic of the So-Called Horizontal Effect. Indiana Journal Of Global Legal Studies, 20(2), 1015-1034.
The Privacy Act. (2000). Privacilla.org. Retrieved 23 April 2017, from https://www.privacilla.org/government/privacyact.html
Weiser, D. (2015).Why Lobbying Is Legal And Important In the U.S.Investopedia. Retrieved 23 April 2017, from https://www.investopedia.com/articles/investing/043015/why-lobbying-legal-and-important-us.asp
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