M Segraves OOG FOIA (#OOG-0001_4.12.17_FOIA AO)

"The foregoing non-binding opinion is issued by the OOG pursuant to section 503(c) of the District of Columbia Administrative Procedure Act, effective March 31, 2011 (D.C. Official Code § 2-593(c)), authorizing the OOG to issue advisory opinions on the implementation of Title II of the District of Columbia Administrative Procedure Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.), the Freedom of Information Act of 1976."

"The two issues this opinion resolves are whether: (1) an agency may require that the public submit a FOIA request through District’s FOIA Portal; and, (2) FOIA requires a public body to provide responsive records to the requester using an encrypted email. For reasons which follow, the OOG opines that: (1) under current District FOIA regulations an agency may not restrict the method a requester uses to submit a FOIA request to the FOIA Portal; and, (2) FOIA does not require the delivery of responsive records to the requester in an encrypted email, which the statute and courts hold is a violation of FOIA."

The enitre advisory opinion can be downloaded from the attachment below.