FOIA Delays and Clawback Challenges: Courts Tackle Compliance and Disclosure Risks
Failed to add items
Add to cart failed.
Add to wishlist failed.
Remove from wishlist failed.
Follow podcast failed
Unfollow podcast failed
FOIA Delays and Clawback Challenges: Courts Tackle Compliance and Disclosure Risks
-
Narrated by:
-
Written by:
About this listen
This week, we cover two legal cases impacting records management. First, the Michigan Supreme Court is set to review a case involving the city of Grand Rapids and its delayed response to a Freedom of Information Act (FOIA) request. The ACLU argues that the city's 13-month delay in providing records on police drone use effectively denied the request, despite a Michigan Court of Appeals ruling in favor of the city because state law lacks a specific disclosure timeframe.
In another significant development, the D.C. Circuit Court will hear arguments in a case concerning the "clawback" of mistakenly disclosed records by the Bureau of Alcohol, Tobacco & Firearms. This case highlights the tension between privacy interests and public disclosure under FOIA. The court previously vacated a clawback order due to a lack of judicial authority, as FOIA does not include provisions for such remedies. The outcome could have substantial implications for how agencies handle inadvertent disclosures.