FOIA Update
September 24, 2021

Received: September 23, 2021

From: SEC Office of the General Counsel

SEC Appeal Decision PDF

Summary

WASHINGTON — Empower Oversight has won its administrative appeal of the SEC’s erroneous attempt to impose expensive fees for searching and producing records of communications between senior SEC officials, their future employers, and SEC ethics advisors, sought in an August 12 FOIA request.

The SEC’s General Counsel wrote: “I find that the FOIA Office improperly classified you as an ‘other use’ requester. The FOIA Office will be instructed to classify you as a ‘news media’ requester in processing your FOIA request.”

This victory ensures that Empower Oversight will be able to pursue full production of all responsive documents without exorbitant search fees that could otherwise have been imposed.

Click here for the original FOIA request.