Law Lags Behind: FOIA and Affirmative Disclosure of Information

Authors

Michael Herz, Benjamin N. Cardozo School of LawFollow

Abstract

The Freedom of Information Act (FOIA) is increasingly outdated in the digital age due to its reliance on a request-driven model, which limits proactive disclosure of government information. The article argues that while FOIA was groundbreaking in its time, its failure to require agencies to affirmatively disclose information hinders transparency and public access, emphasizing the need for a shift towards a more proactive approach in line with modern technological capabilities.

Disciplines

Administrative Law | Human Rights Law | International Law | Law

Recommended Citation

Michael Herz, Law Lags Behind: FOIA and Affirmative Disclosure of Information, 7 Cardozo Pub. L. Pol’y & Ethics J. 577 (2009).
Available at: https://larc.cardozo.yu.edu/cplpej/vol7/iss3/3