NARA is proposing some rule changes in regard to FOIA requests. I'm particularly concerned by Sec. 1256.48, which reads, in part:(a) NARA may withhold from disclosure, in accordance with 5 U.S.C. 552(b)(2), the following:NARA credits 5 U.S.C. 552(b)(2) (i.e. FOIA); however, actual consultation of the statute shows it says nothing of the kind:
(1) Records that contain information on substantial internal matters of agencies that, if disclosed, could risk circumvention of a legal requirement, such as a statute or an agency regulation.[This section does not apply to matters that are - ] related solely to the internal personnel rules and practices of an agency.There's certainly nothing in there about an agency regulation taking precedence over FOIA, which is what NARA seems to be saying. I haven't heard any discussion of this at all; perhaps I'm misunderstanding some part of the rule-change. But if it says what it seems to this seems like a bad thing for open access.
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posted by wendell at 12:00 PM on April 17, 2004