Cecily Zamora
In the United States, the legislative process is designed to ensure that all sides are heard and can make their views known. This includes public hearings by committees and subcommittees, except when national security, law enforcement, or other sensitive matters are at stake. While transparency is a key principle, there are certain situations where information may be withheld from public disclosure. For example, during law enforcement investigations or to protect national security interests. Additionally, each state has its own laws and practices regarding the withholding of information, such as Florida's withholding adjudication laws, which can significantly impact an individual's record and future prospects.
| Characteristics | Values |
|---|---|
| Can a law be withheld from the public? | Yes, in certain circumstances. |
| --- | --- |
| Reasons for withholding | To protect national security, sensitive law enforcement information, or to maintain the integrity of an investigation. To avoid prejudicing the US government in international negotiations. To protect personal privacy and ensure a fair trial. |
| Who can withhold information? | The Secretary of Transportation, State, or the Postal Service. The committee or subcommittee can also vote to close a hearing if the above reasons are applicable. |
| Requirements for withholding | An objection must be in writing, stating the reasons for withholding. A government body must seek a ruling from OAG unless there is a previous determination allowing withholding. |
| Exceptions | Information cannot be withheld from a committee of Congress that is authorized to have the information. |
| State-specific variations | Florida's withholding adjudication laws impact an individual's record and future prospects, offering improved employment opportunities. Georgia's First Offender Act and Texas's deferred adjudication laws provide alternative sentencing options. |
What You'll Learn
Law enforcement and national security
The FBI has also been instrumental in improving cooperation and collaboration between local, state, and federal law enforcement agencies, particularly in the realm of counterterrorism. The creation of Joint Terrorism Task Forces (JTTFs) has fostered a tremendous partnership in preventing terrorism, both domestically and internationally. This enhanced cooperation ensures that law enforcement partners at all levels have the most current information and resources to detect, prevent, and respond to terrorist threats effectively.
The Department of Homeland Security (DHS) is another critical component of law enforcement and national security. As the largest federal law enforcement agency, DHS has approximately 80,000 law enforcement officers working to safeguard the nation. The Office for State and Local Law Enforcement (OSLLE) within DHS facilitates coordination, liaison, and advocacy for state, local, tribal, territorial, and campus law enforcement agencies. DHS also strives to improve information sharing and communication with its law enforcement partners, providing them with the latest intelligence on terrorist tactics, behaviors, and indicators.
Overall, law enforcement and national security are deeply interconnected, with agencies at all levels collaborating to safeguard the nation from a range of threats, including terrorism, organized crime, drug trafficking, and the proliferation of weapons of mass destruction. By fostering strong partnerships, sharing intelligence, and leveraging resources, law enforcement and national security agencies work together to protect the public and maintain domestic security.
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Public safety and accountability
In the United States, the legislative process is designed to ensure that laws are made in a transparent and accountable manner, with input from various stakeholders and the public. This process, a cornerstone of American democracy, involves several steps, from the proposal of a legislative idea to its enactment as a statute.
However, there are certain situations where information related to laws or law enforcement proceedings may be withheld from the public. For instance, the Secretary of Transportation or State or the Postal Service can order information withheld from public disclosure if disclosing it would prejudice the US government in international negotiations. Similarly, certain law enforcement records can be withheld if their release could interfere with ongoing investigations, deprive someone of a fair trial, or invade personal privacy.
In the context of public safety and accountability, withholding adjudication is a notable concept. This is where a person's criminal charges are not formally convicted, which can improve their employment and future opportunities. However, this practice must balance rehabilitation with deterring serious criminal conduct and ensuring public safety. For example, Florida's approach to withholding adjudication in felony cases involves stricter limitations to prioritize public safety and accountability for habitual offenders.
Additionally, each hearing by a committee or subcommittee is required to be open to the public unless the committee determines that disclosing certain matters would endanger national security, compromise sensitive law enforcement information, or violate a law or rule. This provision ensures that while the legislative process remains transparent, there is flexibility to protect sensitive information when necessary.
Overall, while laws and related information are generally made public in the US, there are exceptions to ensure the protection of national security, law enforcement investigations, fair trials, and individual privacy. These exceptions highlight the delicate balance between transparency and accountability in the legislative process and the need to withhold certain information for the greater good.
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Personal privacy and confidentiality
While the terms "privacy" and "confidentiality" are often used interchangeably in everyday life, they have distinct meanings and implications in law. Privacy is a fundamental human right encompassing a wide range of personal rights and expectations. It refers to an individual's right to control their personal information, activities, and personal space. This includes the right to decide what information is shared and with whom, as well as the freedom to establish boundaries regarding their personal life.
Confidentiality, on the other hand, is the obligation to protect shared sensitive information. It specifically addresses the responsibility to keep certain information secret and secure. In a legal or medical setting, confidentiality between the professional and client or patient is paramount. For example, laws and ethical rules protect the disclosure of information between an attorney and their client. Most confidentiality agreements remain in effect indefinitely, and a breach of confidentiality can have legal consequences.
In the digital age, safeguarding personal data has become increasingly important. This includes protecting personal and sensitive data from unauthorized access, breaches, and misuse. Personal privacy concerns may include the confidentiality of medical records, safeguarding personal data online, protecting private communications, and ensuring that surveillance and data collection practices respect individual rights.
The protection of personal health data is a key concern, with ethical, legal, and other approaches offering some safeguards. The Privacy Protection Study Commission (PPSC), created by the Privacy Act of 1974, investigates the personal data record-keeping practices of governmental, regional, and private organizations. Additionally, the Institute of Medicine (IOM) committee has examined issues related to the disclosure of descriptive and evaluative data on healthcare providers and institutions.
In conclusion, personal privacy and confidentiality are crucial for maintaining individual autonomy, dignity, and freedom. While confidentiality focuses on the protection of sensitive information, privacy empowers individuals to define their identity, make personal choices, and engage in society with the confidence that their personal information and space will be respected.
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Freedom of information and transparency
Transparency and responsiveness are core values of democratic governments. The Freedom of Information Act (FOIA) has been in place since 1967 and provides the public with the right to request access to records from any federal agency. The FOIA is a vital part of democracy, keeping citizens informed about their government.
The FOIA requires agencies to post certain categories of information online, including frequently requested records. Federal agencies are required to disclose any information requested, unless it falls under one of nine exemptions. These exemptions include personal privacy, national security, and law enforcement. For example, information may be withheld if its release could interfere with law enforcement proceedings, or if it would endanger the life or physical safety of an individual.
The Office of Information Policy at the Department of Justice is responsible for issuing government-wide guidance on the FOIA. Agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law.
Research has been conducted to determine whether Freedom of Information Laws increase the transparency of government. A field experiment in the United Kingdom sent 390 information requests to Dutch local government bodies, half of which were official FOIA requests, and half of which were informal. The results showed a positive effect of FOIA requests on responsiveness, with a 76% response rate. The research also found that FOIA had the strongest effect on proactive disclosure, something that governments are not obliged to do according to the Dutch FOIA.
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The impact of state-specific laws
In the United States, state laws refer to the laws of each separate US state. There are 50 states, and each has its own system of laws and courts. While federal laws apply to everyone in the US, state laws apply to people who live or work in a particular state. State laws cover areas not already covered by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate.
State laws have diverged significantly since independence, to the extent that the US cannot be regarded as one legal system, but instead as 50 separate systems of tort law, family law, property law, contract law, and criminal law. This means that the impact of state-specific laws is that the US is a patchwork of different legal systems, with different rules and regulations depending on the state. For example, California and Texas refer to their laws as "Codes", while New York uses the term "Laws". Louisiana is a unique hybrid with five subject-specific codes and a set of Revised Statutes for other areas.
The diversity of US state law first became a notable problem during the late 19th century, known as the Gilded Age, when new technologies like the telegraph and railroad nurtured interstate commerce. This led to an increase in conflict-of-laws cases, with federal and state courts deciding around 5,000 of these cases each year in the mid-2010s. State-specific laws can cause issues when doing business across state lines, as businesses must navigate different regulations and legal requirements in each state.
Additionally, state-specific laws can impact individuals who move between states, as they must adapt to the different legal system in their new state of residence. This could include differences in family law, property law, and criminal law, which may affect their daily lives and legal rights. It is important for individuals and businesses to be aware of the specific laws in their state, as these can vary greatly from one state to another.
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Frequently asked questions
No, a law cannot be withheld from the public in the US. The legislative process is designed to be transparent and accessible to all citizens. Each hearing by a committee or subcommittee is required to be open to the public unless the disclosure of certain information would endanger national security, compromise sensitive law enforcement information, or violate a law or rule.
Yes, there are limited circumstances under which information can be withheld from the public. This includes instances where disclosing information would prejudice the US government in international negotiations or jeopardize confidential sources and investigative techniques in law enforcement.
No, if a governmental body has previously released non-confidential information, it cannot later claim an exception to withhold the same information.
No, a law cannot authorize information to be withheld from Congress. While committees can vote to close hearings to the public under specific circumstances, they cannot withhold information from authorized committees of Congress.
