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Perspectives

Perspectives on Freedom of Information Act (FOIA) Program Effectiveness

Reimagining transformation

This White Paper presents options for organizations to consider when analyzing their existing FOIA processes and enabling tools to identify which are working well and recommend potential improvement areas. We refer to this as an "FOIA Diagnosis." It shares perspectives on how leaders of organizations can identify opportunities to increase the effectiveness and efficiency of information disclosure under public access laws, such as the Freedom of Information Act (FOIA).

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1.0 Understanding

In the CFO Signals survey, 15 percent of CFOs said they already see signs of a downturn in their company's operations; that figure was higher among CFOs in the Technology and Services sectors, both at about 30 percent.

In the 50 plus years since the passing of the FOIA, general attitudes toward openness and transparency among government agencies have changed. Access laws, like FOIA, are now heavily relied on to provide transparency to the citizenry. As a result, we have found that the general FOIA landscape for agencies has evolved from relatively small numbers of simple, straight forward requests for records with limited sensitivities and equities to large, complex, and comprehensive individual requests that require the search, review, and production of multiple data sources (e.g., databases, physical documents, etc.).

The increased FOIA demand and other open government mandates are likely to only continue to grow.

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Perspectives on Freedom of Information Act (FOIA) Program Effectiveness

2.0 OIA Diagnosis overview

Deloitte regularly works with FOIA organizations to help them transform how they approach transparency and disclosure. Our typical FOIA diagnosis includes an analysis of an organization’s FOIA mandates, processes, enabling technologies, workforce, culture, and outcomes to identify what is working well, potential gaps and roadblocks, and identify enhancement opportunities.

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3.0 Elements of a FOIA diagnosis and anticipated outcomes

Based on our experience and leading practices, Deloitte focuses on three specific elements in conducting an FOIA diagnosis, with defined outcomes. The three elements are: define the current state; conduct a gap analysis; and assess future options.

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4.0 Deloitte’s FOIA experience

Deloitte's FOIA offering, also known as Deloitte Disclosure, has successfully helped government agencies improve their FOIA operations and eliminate annual backlogs. We focus on finding a tailored solution for each specific client and provide a wide range of services to our FOIA clients. From advising on workflow approaches and maximizing technology to assisting with change management when new processes or technologies are rolled out, we provide direct support in improving FOIA operations. Through our deep understanding of the technology platforms in the FOIA, declassification records management, and litigation support industries, we recommend technologies that are designed to help our clients meet the specific challenges they face – from a comprehensive, end-to-end FOIA processing platform to smaller accelerators that handle video transcription and redaction.

We are "in the trenches" with many of our clients, processing over 50,000 requests annually for clients including EPA, DoS, ICE, US Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Health and Human Services (HHS). In assisting these agencies to respond to FOIA requests, we follow agency-specific processes and utilize a wide range of technology solutions. This gives us perspective on what works and doesn’t work, in a full range of circumstances and constraints.

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