Thursday 2 July 2015

Important FOIA decision for TRAC

the Transactional Records Access Clearinghouse (TRAC) at Syracuse University reports that in an important FOIA decision, Judge Christopher R. Cooper of the U.S. District Court of the District of Columbia has ruled that the purpose of TRAC is educational and journalistic and not business-related (the case docket number is 1:14-cv-00807-CRC). Judge Cooper's ruling focused on the response of Immigration and Customs Enforcement (ICE) to a November 2013 FOIA request from TRAC seeking data on immigration enforcement.
The decision is important to TRAC's data gathering mission because fees charged to non-commercial entities for obtaining records are substantially less than they would be if the organization were considered commercial. In clarifying several key issues underlying the rules to be applied in assessing fees, the decision may also prove significant to other non-commercial requesters who might otherwise be persuaded to abandon their efforts to obtain government information by the imposition of unjustified fees.
The Bloomberg citation for the case is 2015 BL 206945; the Lexis citation is 2015 U.S. Dist. LEXIS 83835; the  Westlaw citation for the case is 2015 WL 3961312.

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