A Six-Year Wait for Body-Camera Footage, and a Federal Agency That Can't Count Its Own FOIA Backlog

This week, we cover five key developments impacting records officers, FOIA and FOIL staff, and disclosure processes.

First, a federal court ruling clarified what constitutes a defensible foreseeable-harm justification for withholding information under Exemptions 5 and 7(E) in FOIA cases, specifically in the context of the FBI's interactions with social media platforms during the 2020 election.

Next, the Reporters Committee for Freedom of the Press has filed a lawsuit against ICE and the Justice Department over FOIA requests related to the arrests of three journalists, highlighting issues of statutory-deadline compliance and wrongful withholding.

In city records news, Phoenix Mayor Kate Gallego revealed a significant backlog in police body-camera footage requests, with some residents facing a six-year wait, raising concerns about records operation turnaround times.

A federal watchdog report criticized the National Guard Bureau for inaccurate FOIA data reporting and missed deadlines, emphasizing the need for better staffing and communication to address these issues.

Lastly, a federal appeals court reaffirmed the good-faith presumption for agency searches in FOIA cases, stressing the importance of documenting search scope and rationale to avoid forfeiting challenges on appeal.

Review these developments and ensure your processes align with these rulings. Document well and disclose effectively. Until next week.

A Six-Year Wait for Body-Camera Footage, and a Federal Agency That Can't Count Its Own FOIA Backlog
Broadcast by