Which approach is ethical when responding to FOIA requests that may implicate an investigation?

• A. Provide information as required by law, redact sensitive data, avoid disclosing privileged material, and consult supervisors.
• B. Refuse to respond to all requests.
• C. Disclose everything, including privileged material.
• D. Redact everything, even non-sensitive information.

Answer: (A)

Handling FOIA requests that touch an investigation should balance openness with protection of sensitive and privileged information. The ethical approach is to provide information as required by law, apply redactions to protect sensitive data, and avoid disclosing privileged material, while consulting supervisors to ensure correct application of exemptions. This preserves transparency and accountability, but also safeguards ongoing investigations, privacy, and work-product or attorney-client privilege. If in doubt, escalating to a supervisor or legal counsel helps ensure that only lawful, appropriate information is released and that privileges or exemptions are correctly applied. Refusing all requests undermines legal rights and accountability. Disclosing everything, including privileged material, would violate privileges and risk harming investigations. Redacting everything eliminates useful information and fails to meet the obligation to provide responsive records.