5 ms·
(disclaimer: my experience with FOIA is mostly at the state level and though I've read, used, and litigated federal FOIA issues, I'm no expert there) Transpare
by chaps 5y ago
(disclaimer: my experience with FOIA is mostly at the state level and though I've read, used, and litigated federal FOIA issues, I'm no expert there)
Transparency doesn't work in isolation. If there's a problem where the release of 450,000 pages of patient information is so difficult that it can't be done, then there's a fundamental process fuckup that should be corrected. For example, if everything's on paper, then the process failure is in a lack of transcription. If it's because private information is typed in a form, that form should be broken up in a way so that the important private information is typed into another field. Generally there are ways to make sure these issues don't happen -- from the beginning. Keep in mind, these people are aware of the existence of FOIA and the possibility that these records would be subject to FOIA. These processes should be built with that in-mind, especially considering the importance of the information.
It's such a big deal that in states like Illinois, the law disallows the use of the unduly burdensome exemption if the gov agency doesn't respond within the time limits of the statute. Takes 10k hours? Big deal, shoulda responded in time.
A lot of these issues stem from the fact that in so many cases, the agency's estimates are either beyond any possible worst case scenario (ie, unrealistic), or an intentionally naive estimate in order to urge the requester to go away. If we take these public agencies at face value that something would take forever without litigation, then they can easily just make it a routine process to call something unduly burdensome, so it's important to call them out on their shit. See: https://mchap.io/that-time-the-city-of-seattle-accidentally-gave-me-32m-emails-for-40-dollars4997.html https://mchap.io/that-time-the-city-of-seattle-accidentally-...
- shard 5y agoI would imagine it's like technical debt. There's benefits to paying that debt down, but there are always other issues that have higher priority. Sure, the software should have been architectured to be easily extensible / system should have been set up to make it easy to release half a million pages of documents, but this update has to be released in time to beat the competition / these drug approvals needs to be completed to save lives.
- chaps 5y agoThe argument on technical debt isn't wrong, but it doesn't fully take into account the importance of this information and the legal requirements these agencies are held to. Just because it's difficult doesn't mean the information shouldn't be released. If we accept that the request is difficult as a reason to not release the records, then they'll never get released. Once that seed's planted, it's so unbelievably hard to come out of. It's something you see with agencies that never get held accountable to their lack of transparency. It sucks, but the alternative is much worse.
- shard 5y agoAbsolutely. Even with highly profitable global megacorps, technical debt is an issue, but eventually they have to pay the piper. I'm not sure if it is true in this case, but my image of governmental agencies are that they are perpetually underfunded and short-staffed, so it must be an even greater difficulty to choose between what should be done and what must be done.