FOIA Audit Due Diligence: Getting Ahead of First Amendment Auditors
March 4, 2024
A Word from RequestFOIA CEO Herbert Myers on the Importance of
"Empowering Transparency, Protecting Privacy"
Originally published by Police Professional
The need for public transparency has never been greater. Public scrutiny has soared to new heights, sparking a fundamental right to access and track public records. Citizens recognize they are entitled to this information, placing added pressure on institutions to maintain accountability and transparency.
However, government bodies and local departments are struggling to keep up. The surge in requests is outpacing available human resources.
As we transition from traditional paper documents and static PDFs to include dynamic multimedia sources such as body and dash camera footage, the demand for a more advanced record-keeping system has been made clear.
To keep pace with the changing landscape of public records requests, we need solutions that streamline the response process. This not only ensures transparency and efficiency for the public and inter-agency requesters but also safeguards the security and compliance of these records.
Evolution of FOIA: A Tool for Transparency
From its inception in 1967, the Freedom of Information Act (FOIA) has transformed into a powerful tool in the fight for open governance and public oversight. The act allows the public to request records from federal agencies that are obliged to disclose any information requested unless it falls under specific exemptions.
Recent data reveals that the demand for FOIA reached a record high in FY 2022, with a staggering 928,353 incoming requests. In the face of this demand, agencies processed a record high of 878,420 requests. As police reform dominates national headlines, law enforcement agencies find themselves under an increasingly scrutinizing microscope. In the past, law enforcement leaders could rely on established relationships to explain incidents to local reporters, elected officials, and community groups.
Today, incidents can quickly go viral, drawing attention from national advocacy groups, concerned citizens, and reporters who cover the national police beat. This attention often materializes in the form of a FOIA request. Responding to these requests is no small feat.
Government agencies need to ask themselves: what information should be provided and what can and should be redacted?
It is a balancing act that weighs the right for transparency against potential negative impacts.
This complexity is exacerbated by the growing public awareness of their right to information, driven by events during the Trump era. The public is now more inclined than ever to scrutinize certain departments, overwhelming them with requests to prove wrongdoing.
It's crucial to note that individual states may have their own FOIA laws, providing additional access to information and having different requirements and exemptions. To comply with the law and build public trust, government agencies must be well-versed in their state's individual FOIA requirements. If not, instances of non-compliance can have far-reaching consequences.
Impact of Neglecting FOIA Compliance
Non-compliance with FOIA requests carries hefty repercussions.
The aftermath can include agency litigation, fines, and sanctions, but it's not just about finances or professional repercussions—there's a considerable personal toll, often leading to stress and burnout. This challenge is exacerbated by the siloed nature of internal communication between departments, document sharing, and request transfers, which are scattered across systems and become particularly difficult to navigate when facing a tight deadline to respond.
Moreover, the ramifications extend beyond the internal sphere.
Failure to meet FOIA requests can cast an agency in a negative light, triggering embarrassment and tarnishing its reputation, particularly in today's social media-driven age.
The rapid dissemination of calls for accountability on social media platforms underscores how quickly public trust in government can erode when transparency and compliance falter. It emphasizes the critical importance of adhering rigorously to FOIA regulations to maintain public confidence and trust.
Redaction Challenges in the Multimedia Age
The intricacies of redaction, particularly in the case of multimedia assets like body cam and dash cam footage, involve identifying and removing sensitive information from multiple frames or clips, which is a time-consuming and error-prone task when done manually.
This increases the risk of inadvertent data leaks or incomplete redactions, compromising both the privacy of individuals and the integrity of the information released.
When we consider the scenario of redacting license plate information within recorded footage, the limitations of manual redaction processes become abundantly clear. The sheer volume of requests, coupled with the intricacy of identifying and redacting license plate data can overwhelm staff and lead to delays in response times.
Having an application that can automate the redaction process not only expedites FOIA responses but also ensures consistency and accuracy in the redaction of sensitive content.
This consistency is critical for upholding public confidence and avoiding potential legal ramifications, especially as we anticipate new technologies for seamless information flow in the near future.
NextGen911 and the Need for Digital Transformation in FOIA Management
We are witnessing a seismic shift that extends beyond traditional records. As we look to the future, the integration of Next Generation 911 (NG911) is poised to reshape how we handle information flow within emergency services.
NG911 promises a faster, more robust system for transferring digital information, including voice, photos, videos, and text messages, directly from the public to first responders.
This tech upgrade is crucial for public safety, making emergency response more efficient and real-time.
However, it also highlights the urgent need for digital transformation in handling and tracking FOIA requests. Integrated systems, such as Computer Aided Dispatch (CAD) and Records Management Software (RMS) have become substantial investments for public safety agencies. Their ability to seamlessly engage with FOIA requests is paramount, ensuring that the valuable resources allocated to these tools are maximized, and public transparency remains a top priority in this digital age.
Strategies and Technologies for Public Safety Leaders
To navigate swiftly changing regulations and standards, public safety leaders must adopt strategies and technologies that keep them ahead of the curve.
Shifting from traditional manual methods to fully embracing digital transformation, overseeing requests from start to finish, and automating the redaction process is no longer just a recommendation—it's a necessity.
As we entrust the FOIA process to a tech-savvy generation, the move toward digital management becomes more than just a convenience; it emerges as an indispensable tool for shaping the future of public safety transparency.
About the Author
Herbert Myers is the visionary Founder and CEO driving RequestFOIA's mission to simplify public records request management. With a deep grasp of the complex FOIA process, Myers is helping public safety and municipalities address the complexities organizations face by streamlining request management, review, redaction, and responses. Myers believes in balancing transparency and data security to help organizations easily handle complex information access.
