The FOI Act provides that an “arbitrary” or “capricious” withholding of information requested under the Act can subject the responsible agency employees to disciplinary action by the Office of the Special Counsel for the Merit Systems Protection Board, but only if a judge makes a finding that the withholding was “arbitrary and capricious” and refers the case to that board. The Whistleblower Protection Act of 1989 also calls for investigations of arbityrary or capricious withholding of information under the FOI Act.

Punitive actions under the FOI Act may include written reprimands, fines and removal, but no government official has been punished under this provision. Nevertheless, it is a good idea to learn which particular officials are responsible for decisions to withhold records you request.

Next section: Disclosure exemptions