BusAdm 424 Spring 2018: Comment Letter on SEC FOIA Regulations

This assignment is a comment letter written by a student in response to the proposed rule regarding the SEC Freedom of Information Act (FOIA) regulations, as published in the Federal Register. The student identifies and comments on four key proposed changes: the release of records in electronic format, the denial of access requests that harm protected interests, the provision for requesters to seek assistance from the Office of FOIA Services’ FOIA Public Liaisons, and the revision of fee waivers for agencies not complying with FOIA time limits. The student expresses support for the electronic format rule and the fee waiver revision, while suggesting improvements for the rule regarding denial of access requests, emphasizing the need for justification. The letter concludes by stating that the comments are the student's personal opinions and offers further clarification if needed. Desklib provides access to this and other solved assignments.

Running Head: SEC FREEDOM OF INFORMATION ACT REGULATIONS
SEC Freedom of Information Act Regulations
Name of the Student
Name of the University

1SEC FREEDOM OF INFORMATION ACT REGULATIONS
Comment Letter in Response to the Proposed Rule as Written in the Federal
Register
[Name, Title]
[Address]
Dear [Name],
I have gone through the entire proposed rule as written in the Federal Register and posted on
D2L. I have ensured to compare the revised proposal rule with the previous ones in order to
understand how each of these revisions in the rules will impact the freedom of information act in
reality. I have also considered the various factors that have been responsible for the revising of
the rule and formation of the new proposed rule. Hence, I am writing this letter by including my
comments of the proposed rule as my review of the same as published on the Federal Register.
During my review of the proposed rule in the Federal Register, I have identified certain elements
that are crucial in this regard. As per my knowledge and understanding, the Commission has
proposed four main changes to the FOIA regulations and updated them in the Improvement Act.
According to the first proposed rule, the FOIA should release any records to public, if required,
in electronic format only. As per the previous rule, these records could be released in paper
formats as well as distributed to only a limited number of individuals. According to my own
evaluation, this proposed rule is very well placed in order to protect the confidentiality as well as
security of the data and at the same time release it to the concerned public. With protected
electronic read only files, the public will be able to view the information but will not be able to
copy or tamper the document by any means. According to the second proposed rule, any request

2SEC FREEDOM OF INFORMATION ACT REGULATIONS
to access a particular record may be denied if it harms an interest that is already protected by
applicable exemption. I feel this rule could have better placed if some elements were added to
the terms and conditions. In addition to the denial of request, there should be rule to provide the
requester with sufficient justification or else the main essence of Freedom of Information Act is
lost. The act is mainly based on maintaining freedom of information and hence, while denying
access, proper justification should also be provided. According to the third proposed rule, the
access requesters of the FOIA can also request for assistance from the Office of FOIA Services’
FOIA Public Liaisons in case their requests are denied by the commission. This particular rule,
according to me, has been particularly developed to cover for the loophole in the previous rule
and offers the general people to have proper and authentic information regarding their requests
for accessing records. The fourth proposed rule “revises Section 200.80(g) to incorporate the
amendments to the FOIA requiring agencies to waive fees, under certain circumstances, if they
do not comply with the time limits under the FOIA”. I personally feel this revision is probably
the best of the four as it significantly restricts the chance of business by various agencies that
have been increasing for some significant amount of time. After the implementation of this rule,
the agencies will be forced to withdraw from monetary bargains if they fail to comply with the
FOIA time limits. Furthermore, the general requesters will also have a clear idea whether the
agencies are cheating them or not in the name of access fees.
However, all the comments made regarding the proposed rules are completely my personal
opinions and do not have to be same as others’ opinions and comments. If you have any queries
or questions regarding my comments, please do feel free to call me or send me a letter of reply.
Sincerely,

3SEC FREEDOM OF INFORMATION ACT REGULATIONS
[Name], [Position]