n the narrow cracks between popular conversations on privacy within the last year was a nuanced legal decision that has the potential to impact a rarely discussed expectation of privacy for federal employees while impacting transparency for U.S. government agencies. Enacted on July 4, 1966, the Freedom of Information Act (FOIA) provides any person with the right, enforceable in court, to obtain access to federal agency records, except to the extent that such records are protected from public disclosure by one of nine exemptions, or one of three special law enforcement record exclusions. Requests can be made for any agency record, and as recognized by Congress, numerous presidents and the Supreme Court, the FOIA is an important tool of …show more content…
Then-Deputy Administrator Robert Perciasepe had sent a work-related e-mail from his personal account, which was included in the FOIA response package. This seemingly minor event became a significant concern; using personal e-mail to conduct federal business could be an innocent mistake or a convenient alternative to using a government e-mail account, but it could also be an attempt to circumvent federal records laws. Regardless of actual intent, Perciasepe’s e-mail proved that personal accounts were used by a federal employee conducting official business in at least that one circumstance. Landmark sought clarity on this in a meeting with the EPA in March 2013 and later on in various briefs and responses, but the EPA never directly responded to that point. In August, presiding U.S. District Judge Royce Lamberth issued an opinion stating the EPA’s “failure to deny the allegations that personal accounts were being used to conduct official business leaves open the possibility that they were.” Accompanying the opinion was an order permitting Landmark to conduct discovery limited to the following issues: whether and to what extent the EPA administrator, deputy administrator and/or chief of staff utilized personal e-mail accounts to conduct official business during the relevant time periods and whether the EPA intentionally excluded those personnel from the FOIA request response. Allowing discovery is a
This investigative report is based on a tip from an employee of the Department of Transportation (DOT), MARY MARSHALL, regarding possible misconduct and illegal activities. Specifically, Ms. Marshall states that a site manager, JERRY JOHNSON, is conducting personal business on government time. The following information
David S. Hilzenrath of The Washington Post (David H, 2009) recovered documents from a consumer advocacy group, Consumer Watchdog about Pacificare
Technology has affected the field of justice studies in many ways. After the events of September 11th 2001, technology has had an even greater impact on the field of justice studies. Rapidly advancing technology has made surveillance cheaper and easier to conceal. Tools such as wiretapping, surveillance for e-mails, and other forms of surveillance tools that were before a violation of peoples' right to privacy, are now allowed to be used without probable cause. These tools now allow the FBI to find terrorists before they commit their act of violence. These surveillance tools that are now allowed to be used by the FBI were passed under the USA Patriot Act. Given that the USA Patriot Act now allows the FBI to look through what many
Based on this case, the nine Freedom of Information Act (FOIA) disclosure exemptions indicate the information that government agencies can withhold. For instance, documents which are “records or information compiled for law enforcement purpose” (Ciment, 2015). Exemption (7)(A) provides for the withholding of a law enforcement record the disclosure of which would reasonably be expected to interfere with enforcement proceedings. Furthermore, the 2002 law establishing the Department of Homeland Security gave that department
In the wake of the terrorist attacks on September 11, 2001, Congress sprang into action. Within a month, U.S. lawmakers overwhelmingly approved the USA Patriot Act of 2001, giving law enforcement and intelligence agent’s broader authority to fight terrorists operating in the United States.
In June of 2015, the EPA issued a memo regarding the high lead levels in Flint, which was responded with
In 2003 at a private retirement party in Oklahoma City, OK, a state senator approached the homeowner with the intention of purchasing her property. With a modest salary of less then $50,000, this state senator was in a limited position to purchase a $475,000 home situated on prime political real estate given its proximity to the state’s capitol. Fortunately for this senator, he did not have to come up with the funds for the home on his own. Public records indicated that the home was registered to a company run by the senator’s former business partner, Kenneth Wagner, and financed by a bank managed by a former associate of his, Albert Kelly (Eder 2018). This ex-state senator is named Scott Pruitt and his generous friends Wagner and Kelly now hold top aide positions under the Environmental Protection Agency (EPA). Understanding the connections between Pruitt’s past and present such as this will help explain his arguably questionable actions as head of the EPA.
§552; a federal law; which makes information held by a government agency available to the public. Therefore, if the claimant plans on pursuing the lawsuit in District Court, when they receive their Right to Sue Letter; they should immediately request a copy of the FOIA File. Importantly, the FOIA File has information from the plaintiff and the employer; which was used by the EEOC investigator used to make their final decision. Equally, it contains information that the employer submitted to EEOC; which can be very beneficial in the lawsuit. Likewise, the claimant can request the FOIA File directly, on the EEOC website. If if send request via email submit a copy of dated the Right to Sue Letter. However, the turnaround time for the FOIA File is 20 working or business days; after the representative has received the request. Equally, the FOIA must be requested within 90 days. Therefore , if the request is made via email' attached copy of the Letter of Determination in PDF is attached to the email for date verification and to resolve any statue of limitation issues. If the receive the information isn't returned in a timely manner; r continue to email weekly and request the file. Moreover, the FOIA File is NOT free. A letter from your local FOIA Requester Service Center will inform you where or who to contact to purchase the file. Contact the Requester Service Center for questions and
The issue of privacy is a big concern in the workplace. With the expanding of new technology, many employees are concern about his or, her privacy in the workplace. Employees have the right to go to work knowing that his or, her employer will not invade their privacy. The rights to privacy in the workplace only provide limited protection for workers against monitoring and breach of confidentiality. The National Work Rights Institute states, under the federal law, "the limited protection the Electronic Communication Privacy Act of 1986 provides to employees' has been reduced because the statue has been outdated."
I am aware that the Freedom of Information Act (FOIA) was enacted in 1966, and is found in Title 5 of the United States Code, section 552. It provides that any person has the right to request access to
Facts: Murray Taxpayer was previously employed by a company who was illegally dumping chemicals into a river. Murray had knowledge concerning these illegal activities of his employer and made an ethical decision to report this to the Environmental Protection Agency. Upon inspection, the Environmental Protection Agency determined that Murrays employer was in fact illegally dumping and was appropriately fined for the charges. Murray’s employer reacted to his whistleblowing by firing him and making deliberate efforts to prevent Murray from gaining employment elsewhere. Murray then sued his former employer for damaging
According to Dictionary.com confidentiality is “the right of an individual to have personal, identifiable medical information kept private.” The definition for this term is widely known in health care, but when it is applied to adolescents many people do not understand the basics. Doctors are responsible for informing adolescent patients and their parents the privacy a minor is given according to federal and state laws, but in some cases doctors fail to do so. This results in the misunderstanding of minor’s privacy rights, which can lead to the adolescent patient not disclosing significant information, and the parents assuming they have the right to all of their child’s medical records. Because of this, it is important for adolescents and their parents to understand the nature of confidentiality in health care.
The ethical issues that were identified in the case study of Guerrilla Government in EPA’s Seattle Regional Office were cumbersome. The first of many to create unethical situations was the administrator of EPA’s Seattle regional office in 1981, John Spencer. His staff remembers his tenure for all the unethical actions he took such as using tax payer’s money to buy a membership for the EPA in the Chamber of Commerce (O’Leary, 2014 p. 48). His actions continued even after numerous attempts to advise him that his actions were against federal guidelines and caused serious conflict of interest questions. He also allegedly took several personal trips to Alaska to handle
The Freedom of Information Act was enforced when our government realized the importance of the relationship between access to information and government accountability. This act enables citizens to view a plethora of different files and records from government agencies. This act proved to be “a principal instrument for breaking down bureaucratic secrecy in American public administration” (p. 62).
In the United States data privacy is not highly regulated or legislated, for instance, the Health, and Information Portability and Accountability Act of 1996 (HIPPA), the Children’s Online Privacy Protection Act of 1998 (COPPA), and the Fair and Accurate Credit Transactions Act of 2003 (FACTA) are indicators of how the United States federal laws tend to favor