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Government Transparency and Secrecy: An Examination of Meaning and Its Use in the Executive Branch.

机译:政府透明度与保密:对行政部门意义及其使用的考察。

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摘要

From the beginnings of the American federal government, Congress has required executive branch agencies to release or otherwise make available government information and records. Some scholars and statesmen, including James Madison, thought access to information- commonly referred to in contemporary vernacular as 'transparency'-was an essential cornerstone of democratic governance. Today, the federal government attempts to balance access to information with the need to protect certain information (including national security information and trade secrets) in order to achieve transparency. As a consequence, access and protection are often in tension with one another. Congress has the authority to determine what information can and should be publicly available as well as what should be protected. Congressional powers that may be used to address federal transparency include the powers to legislate, hold hearings, issue subpoenas, and control the federal budget. Statutes that grant access to government information include the Federal Register Act, the Administrative Procedure Act (APA), and the Freedom of Information Act (FOIA). Among the laws enacted to protect information are the Privacy Act and FOIA. Agencies also use security classifications, which are governed largely by executive orders, to protect certain records from public release. Records may be protected for national security purposes, personal privacy concerns, or other reasons.

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