Under What Circumstances Does A Government Have A Right To Withhold Information From The Public?

by | Last updated on January 24, 2024

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The FOIA provides that when processing requests, agencies should withhold information only

if they reasonably foresee that disclosure would harm an interest protected by an exemption

, or if disclosure is prohibited by law.

Do you have a constitutional right to get government information?

[There is no Supreme Court case holding that

the First Amendment guarantees a general “right of access” to government information

. … The Supreme Court has nevertheless recognized that freedom of the press would be “eviscerated” without some form of protection for gathering information and news.

Under Which type of right is the right to information on public matters classified?

The constitutional right to information on matters of public concern first gained recognition in the Bill of Rights,

Article IV

, of the 1973 Constitution, which states: Sec. 6. The right of the people to information on matters of public concern shall be recognized.

What is a Freedom of Information Act request?

The Freedom of Information Act 1982 gives you

the right to request access to government-held information

. This includes information they hold about you or about government policies and decisions.

Does the public have the right to know?

public right to know has been a blessing. … By acknowledging their moral responsibility to provide audiences with information based on their need to know, journalists can avoid the hazards of arguing that an unre- stricted public right to know is the foundation of press freedom.

Why should we protect public right to know?

Right to know

laws promote democratic decision making, further autonomy interests

, and lead to more efficient consumer and workplace markets. They are a potent and cost-effective way of reducing harmful environmental, occupational and other exposures.

What is the right to know Law?

The Right To Know Law is a principle that

is embedded into environmental and workplace safety legislation

in the U.S and other countries. It states that affected people have the right to now which chemicals they are being exposed to in their daily living and in the workplace.

When can the government withhold information?

The FOIA provides that when processing requests, agencies should withhold information only

if they reasonably foresee that disclosure would harm an interest protected by an exemption

, or if disclosure is prohibited by law.

What are the rights of individuals to assemble peacefully?

The “

right of the people peaceably to assemble

, and to petition the Government for a redress of grievances” protects two distinct rights: assembly and petition. … Assembly is the only right in the First Amendment that requires more than a lone individual for its exercise. One can speak alone; one cannot assemble alone.

Is FOIA unconstitutional?

As the Court wrote in a recent opinion, it “has repeatedly made clear that

there is no constitutional right to obtain all the information provided by

FOI[Act] laws” (McBurney v. … The primary Supreme Court case concerning a constitutional right of access to government records is Houchins v. KQED, 438 U.S. 1 (1978).

Which right is violated by wiretapping?

The court held that the TSP violated “the Separation of Powers doctrine; the First and Fourth Amendments of the United States Constitution and the statutory law.” The ACLU argued that the wiretapping violated its and its clients’

right to free speech

in their communication with people outside of the United States.

Can a private property may be used without just compensation?

– Article III, Section 9 of the Constitution states that

private property shall not be taken for public use without just compensation

. Towards this end, the State shall ensure that owners of real property acquired for national government infrastructure projects are promptly paid just compensation.

When can you refuse a Freedom of Information request?

You can refuse an entire request under the following circumstances:

It would cost too much or take too much staff time to deal with the request

. The request is vexatious. The request repeats a previous request from the same person.

What can I ask for in a Freedom of Information request?

You can ask for

any information you think a public authority may hold

. The right only covers recorded information which includes information held on computers, in emails and in printed or handwritten documents as well as images, video and audio recordings.

How long does it take to get a freedom of information request?

Under the Act, most public authorities may take

up to 20 working days to

respond, counting the first working day after the request is received as the first day. For schools, the standard time limit is 20 school days, or 60 working days if this is shorter.

How do I request a Freedom of Information request?

If the information you want is not publicly available, you can submit a

FOIA request to the agency’s FOIA Office

. The request simply must be in writing and reasonably describe the records you seek. Most federal agencies now accept FOIA requests electronically, including by web form, e-mail or fax.

Ahmed Ali
Author
Ahmed Ali
Ahmed Ali is a financial analyst with over 15 years of experience in the finance industry. He has worked for major banks and investment firms, and has a wealth of knowledge on investing, real estate, and tax planning. Ahmed is also an advocate for financial literacy and education.