Administrative Law

Question: Discuss about the two acts the Freedom of Information Act (FOIA) the Privacy Act. And how FOIA and Privacy Act are necessary in todays times for United States. Answer: Introduction In this essay we are discussing two acts the Freedom of Information Act (FOIA) the Privacy Act. And how FOIA and Privacy Act are necessary in todays times for United States. In this essay we also determine the effect lobbying has on public opinion of these Acts. Andwe examine whether lobbying rules and regulations regarding these two Acts should be changed. Freedom of Information Act (FOIA) (FOIA)act originate in heading 5 of the United States Code, Section 552. The Freedom of Information Act is a federal statute. The act provides that any individual has a right to demand access to federal agency records. FOIA also establishes an assumption that data in the control of agencies and departments of the Executive Branch of the U. S. administration are available to the people. Except to the amount the data are protected from revelation by any of exemptions contained in the rule or by one of three particular rule enforcement data exclusions (U.S. Department of State, N.D). FOIAhas its applicability only to federal agencies and it not gives any right of admission to data detained by Congress, law tribunal, state or local administration agencies (Homeland security, 2016). Exemptions The exemption categories that authorize government agencies to withhold information are: Classified data for national defense or overseas policy. Interior personnel system and practices. Information exempted under different laws. deal secrets and undisclosedtrade information Inter-agency or intra-agency memoranda are secluded by lawfulbenefits. Personnelandmedicinalrecords. information concerned with bank management physical and geophysical data Exclusions Congress provided special protection in the FOIA for 3 narrow categories of law enforcement and national security records.The provisions protecting those records are known as exclusions. First Exclusion protects the survival of an ongoing criminal law enforcement examination .When the topic of the investigation is ignorant that it is awaiting and revelation could reasonably be expected to hinder with enforcement proceedings. Second Exclusion is restricted to criminal rule enforcement agencies and it protects the survival of informerdata when the informants rankis not establishedofficially.Third Exclusion is restricted to the FBI and it protects the survival of overseascleverness or counterintelligence, or globalviolencedata when the survival of such records is classified. Recordsnot come under exclusion are not the topicnecessities of the FOIA(U.S. Department of State, N.D) The Privacy Act ThePrivacy Act of 1974providessafety against attack of individualprivacy through the mistreatment of data byfederal Agencies (U.S. Department of State: Freedom of Information Act)ThePrivacy Act allows aninhabitant to study how records are composed, maintained, used, and how it is dispersed by the federal administration. ThePrivacy Act permits a human being to boost its admission to most private data maintained by central agencies. And to look for alteration of any imprecise, unfinished, premature, or immaterial information (U.S. House of Representatives) The Privacy Actappliesonly to the data that are positioned in a system of records. We can define systems of records is a collection of any datain charge of any agency from which data is retrieved by the name of the human being or by other identifying figure, sign, other identifying exacting assigned to the human being. Act guarantees 3 mainprivileges: Right to see the data about oneself, but it is subjected to the Privacy Act exemptions; Right to ask for the alteration of data that are not correct, pertinent, opportune or complete. The right of persons to be safeguarded against unnecessaryattack of their privacyresultant from the collection, preservation, utilize, and revelation of personal information. Any person who is citizen of U.S.A or unfamiliarlegally admitted for lasting residence, may create a demand for individual information on his behalf under the Privacy Act. There are certain steps to be followed to create a Request for Personal Records. Requirements made under the Act will be processed together under both acts to make sure the most access to your individual records. The dissimilarityamong FOIA and PA? The main Dissimilarity among The FOIA and PA is that FOIA is an in order access regulation, whereas the PA is an in orderdefenseregulation with incompleteadmission provisions. Any person may present a FOIA request for any type of record, but a PA demand may only be made by the human being or by their lawfullycertified representativewhich is enclosedin the requested records. In spite ofto which law wequoteour request, we should processour demand under those act that gives us themaximumquantity of admission (Federal law enforcement training centers, 2015) FOIA and Privacy Act are necessary Persons can make use of the FOIA to getorganizationdataconnecting tothemselves, all should also be conscious of their options to make use ofthe Privacy Act for this purpose as well. Necessities for individualdata should be made together under FOIA and Privacy Act.FOIA, it only enables us togetadmission to suchRecords, Privacy Act establishes our right to accurate, alters, orWipe outdata, in which the data aboutus is not correct,Pertinent, opportune or complete. The Privacy Act permits to take legal action against the agency for negative response to right or alterour data,and for a negative response to give us access (Adler .A. R 2012). The right of entry provisions of FOIA and the Privacy Act overlap in part. Both laws havedissimilar procedures and different exemptions. Many times information exempted under 1 law will be a topic of revelation under the other law. If we want to take utmostbenefit of the laws, any person who wants to seek data should normally cite both laws. Any needs by a person for data that does not tell exclusively to him or her should be made only under FOIA. Congress intended that both laws should be considered together in the processing of requests for information. Administration agencies should mechanically handle requirements from persons in a way that will make the most of the quantity of data that is disclosable(U.S. HOUSE OF REPRESENTATIVES, 2012) Lobbying effects onthese Acts and lobbying rules and regulations regarding the acts should be changed. The rule of Lobbying legislation is intended to givedata to the community who is lobbying whom about what. The rule of Lobbying Act 2015 was signed into rule on 11 March 2015. The main reasonfor this act is to give a web-based list of Lobbying to make information obtainable to the community on the individuality of those communicating with chosen public officials on exact policy, lawmaking matters or potential decisions. Act also gives limitations and circumstances on the taking up of sure employments by surechosen officials for a particulartimewhen alikelydisagreement of attention arises. Act comes into effect on September 2015. Regulator of Lobbying Standards Commission is the Regulator of Lobbying. The Commission will supervise the completion of the list, check compliance, givedirection and help and when necessaryit inspects and follows the breaches of lawfulnecessities in due course. Standards Commission has a responsibility under the legislation to issue direction and information to encourageasympathetic of the legislation.Lobbying rules and regulations regarding these Acts should be changed but only to the extend it is beneficial to the public. References U.S. Department of State: Freedom of Information Act retrieved on 29-Aug-2016 from https://foia.state.gov/Learn/FOIA.aspx Homeland security(2016)Freedom of Information Act (FOIA)retrieved on 29-Aug-2016 from https://www.dhs.gov/freedom-information-act-foia U.S. House of Representatives (N.D), committee on oversight and government reform,a citizen's guide on using the freedom of information act and the privacy act of 1974 to request government recordsretrieved on 29-Aug-2016 fromhttps://oversight.house.gov/wp-content/uploads/2012/09/Citizens-Guide-on-Using-FOIA.2012.pdf Federal law enforcement training centers (2015), Guide To FOIA the Privacy Actretrieved on 29-Aug-2016 fromhttps://www.fletc.gov/guide-foia-privacy-act#WhatisthedifferencebetweentheFOIAandPA U.S. Department of State: Freedom of Information Act, Information Access Guide retrieved on 29-Aug-2016 from https://foia.state.gov/Request/Guide.aspx U.S. House of Representatives, committee on oversight and government reform,a citizen's guide on using the freedom of information act and the privacy act of 1974 to request government records, the privacy act of 1974retrieved on 29-Aug-2016 fromhttps://oversight.house.gov/wp-content/uploads/2012/09/Citizens-Guide-on-Using-FOIA.2012.pdf Adler .A. R (2012), STEP-BY-STEP GUIDE to using the Freedom of InformationAct,retrieved on 29-Aug-2016 fromhttps://www.skepticfiles.org/aclu/foia.htm Lamdan, S. (2012), protecting the Freedom of Information Act requestor: Privacy for information seekers,retrieved on 29-Aug-2016 from https://proxy1.ncu.edu/login?url=https://search.ebscohost.com/login.aspx?direct=truedb=ofsAN=77410145site=ehost-live