Watchdog Group Alleges FOIA Violations in Health Agencies' Handling of COVID-19 Records Requests
American Oversight alleges the CDC is violating the Freedom of Information Act in its handling of records requests, which "has had the effect of substantially delaying processing" the requests.
May 15, 2020 at 05:40 PM
3 minute read
A watchdog group is suing federal health agencies for allegedly violating the Freedom of Information Act in officials' handling of requests filed over the federal government's response to the COVID-19 pandemic.
American Oversight filed the lawsuit in the U.S. District Court for the District of Columbia on Friday against the Centers for Disease Control and Prevention (CDC) and the Department of Health and Human Services.
The complaint says the group has filed "several" public records requests with the agencies, "many but not all related to the ongoing coronavirus pandemic." However, the lawsuit alleges that those requests have at times been mishandled by FOIA officers who regularly deem their requests to be "overly broad," citing the amount of relevant documents, and urge American Oversight to narrow the requests.
"Whether by accident or design, this policy, pattern, or practice has had the effect of substantially delaying processing of American Oversight's requests," the filing reads, and further alleges "this policy, pattern, or practice has also had the effect of substantially delaying processing of, and even closing, FOIA requests made by other members of the public as well."
"These delays are particularly problematic now, when, in the face of a pandemic that has killed more than 85,000 U.S. residents, the CDC, our nation's leading public health agency, has 'largely disappeared' from public view," the complaint states, referring to reporting about the CDC taking a backseat role in public talks about the pandemic.
The complaint details several FOIA requests the watchdog group has filed, including one on any White House directives "regarding public statements, public appearances, website updates or changes, or communications or press strategy on the coronavirus, COVID-19" and another seeking "final directives, orders, decision memoranda, or guidance regarding testing" for the virus.
The group claims that, in several instances, different FOIA officers have repeatedly determined the group's requests are "overly broad" and placed the requests on hold. American Oversight disputes that characterization of the records requests.
"On information and belief, CDC systematically refuses to process reasonably described FOIA requests based on the assumption that the request, as written, may produce a large volume of responsive records, unless the requester agrees to narrow the request," the complaint states. "Specifically, CDC consistently informs FOIA requesters that reasonably described requests are overly broad (or a substantially similar variation thereof), and places their requests on hold, with the threat that the requests will be considered withdrawn and closed in the event CDC does not receive a response by a prescribed date."
The American Oversight lawyers are asking a federal judge to "enjoin defendant CDC from continuing to engage in an impermissible policy, pattern, or practice of declining to process reasonably described FOIA requests as overly broad due to concerns regarding the potential volume of responsive records."
Several groups, including American Oversight and media outlets, have filed FOIA lawsuits for documents tied to the COVID-19 pandemic. Ballard Spahr attorneys earlier this week filed such a complaint on behalf of a coalition of media outlets, including ProPublica and The New York Times, to obtain the names of businesses who received Paycheck Protection Program funds through the CARES Act.
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