Extract from Exterro’s article “A Primer on the Freedom of Information Act (FOIA) and Obtaining Government ESI”
Corporations struggling under mountains of electronic data and rapid fire e-discovery requests may find solace in the fact that they don’t have it nearly as bad as many government agencies answering requests under the Freedom of Information Act (FOIA).
What is the Freedom of Information Act?
FOIA, according to the government’s website, is a “law that keeps citizens in the know about their government” by granting people access to government records.
What is a FOIA request?
Enacted in 1966, FOIA is a federal law that establishes the public’s right to obtain information from government agencies. “Any person” can file a FOIA request, including U.S. citizens, foreign nationals, organizations, associations and universities.
What does FOIA have to do with e-discovery?
On the one hand, e-discovery and FOIA requests are very similar in that they both involve obtaining electronic documents and using technology to review and produce the data. However, they are two very separate processes governed by entirely different sets of laws and rules. In fact, courts routinely admonish parties who use FOIA requests as a means to circumvent traditional e-discovery rules. That being said, parties are permitted to seek information via discovery and FOIA in some circumstances.
