The Foilies 2026: Celebrating Government Transparency Failures & Few Wins

The Foilies 2026: Recognizing the Worst in Government Transparency

The Electronic Frontier Foundation (EFF) and MuckRock have once again released The Foilies, their annual awards recognizing agencies, officials, and contractors who actively hinder public access to information. This year’s “winners,” announced during Sunshine Week (March 15-21), highlight a continuing struggle for government transparency, even as some agencies demonstrate a commitment to open records practices. The Foilies, established in 2015, serve as a tongue-in-cheek reminder of the importance of Freedom of Information Act (FOIA) requests and the bedrock principle that government documents belong to the people.

A Texas-Sized Redaction: The Love Letters Award – Gov. Greg Abbott

Texas Governor Greg Abbott’s office received the “Love Letters” award for its extensive redactions of communications with Elon Musk. Last spring, the office initially withheld emails between Abbott and Musk, claiming exemptions based on confidential legal and policy discussions related to attracting businesses to Texas, as well as concerns about revealing “intimate and embarrassing” information. As reported by the Texas Tribune, the office’s justification relied on boilerplate language from Texas’ public records law.

Whereas nearly 1,400 pages of communications were eventually released following an order from the Texas Attorney General, approximately 1,200 pages were completely redacted – filled with gray obscuration. The released portions revealed little more than invitations to social events and reminders about SpaceX launches, raising questions about the nature of the information the state was so determined to conceal. MuckRock’s coverage details the extent of the redactions and the limited information revealed.

Paying for Access: The Surcharge, Eh? Award – Vancouver, B.C.

The city of Vancouver, British Columbia, earned the “Surcharge, Eh?” award for imposing a CAD $10 fee (approximately $7.33 USD) on requests for “non-personal” public records. CTV News reported that city officials justified the fee as a means to deter misuse and cover administrative costs. Although, critics argue that the fee effectively creates a financial barrier to accessing public information, prioritizing secrecy over accountability.

Screenshots as Records: The Shady Screenshot Award – Department of Homeland Security

The Department of Homeland Security (DHS) received the “Shady Screenshot” award for its revised records retention policy regarding text messages. In response to a request from the nonprofit American Oversight, DHS stated it was no longer automatically archiving text messages sent between officials. Instead, the department now requires officials to manually capture screenshots of text messages related to official business. The New York Times covered the policy change, highlighting concerns about its impact on transparency.

This practice directly contradicts the Federal Records Act, which mandates that agencies retain all records created during official duties, regardless of format. The EFF points out that relying on officials to manually screenshot messages is a flawed and unreliable method of record-keeping, effectively circumventing the intent of public records laws.

The Rise and Fall of DOGE: The Discardment of Government Efficiency Award

The now-defunct “Department of Government Efficiency” (DOGE), spearheaded by Elon Musk under the Trump administration, was awarded for its attempts to dismantle FOIA processes. Musk initially claimed there would be no need for FOIA requests, asserting that all government data should be publicly available. However, DOGE’s actions quickly contradicted this promise.

According to reporting from Bloomberg and CNN, DOGE slashed through the federal government, seizing control of agencies like the U.S. Institute of Peace and firing FOIA staff. The department too argued its own records were exempt from FOIA under the Presidential Records Act. While DOGE no longer exists, its actions left a lasting negative impact on government transparency.

Secret Surveillance: The Secret Eyes in the Sky Award – Chula Vista Police Department, Calif.

The Chula Vista Police Department in California received the “Secret Eyes in the Sky” award for its protracted battle to withhold drone footage from the public. In 2021, Arturo Castañares of La Prensa San Diego requested copies of videos taken by drones responding to 911 calls as part of the city’s “drone as first responder” program. The city initially argued that all drone footage was categorically exempt from disclosure as law enforcement investigative records.

After a lengthy legal battle, an appellate court ruled that only footage directly related to criminal investigations could be withheld, while footage of routine events like car wrecks or wildlife sightings must be released. La Prensa San Diego’s reporting details the court’s decision and the city’s eventual obligation to release the footage. The city ultimately incurred significant legal costs, exceeding $900,000, in its attempt to maintain secrecy.

A Library with Limits: The City of Darkness Award – Richmond, Va.

Richmond, Virginia, earned the “City of Darkness” award for its creation of a new FOIA library with significant restrictions. While the city council initially considered posting all eligible public records online, the mayor’s office proposed a plan that allows the administration – the same entity potentially subject to those records – to curate which records are published. WRIC reported on the controversy, noting concerns that the city prioritizes controlling the narrative over genuine transparency.

The city’s justification for this selective disclosure is that “transparency without context” could be confusing for citizens. Richmond is currently embroiled in a legal battle with a former FOIA officer who alleges she was fired for insisting on compliance with public records laws, further highlighting the city’s resistance to transparency.

The Flock You Awards: Multiple Winners

Several agencies and Flock Safety itself received the “Flock You” awards for their handling of data collected by automated license plate readers (ALPRs). These cameras document vehicle information and share it with law enforcement agencies across the country. Public records requests for “Network Audit” logs – detailing searches of the ALPR database – revealed instances of abuse, including investigations based on abortion access, targeting of immigrants, surveillance of protesters, and racially biased searches. The EFF has extensively covered these abuses.

In response to scrutiny, some cities have terminated their contracts with Flock Safety. However, others, like the Taunton Police Department in Massachusetts, have imposed exorbitant fees for accessing audit logs, while Flock Safety itself has resorted to legal threats to silence critics.

Deleting the Record: The Database Deletion Award – Muneeb and Sohaib Akhter

Muneeb and Sohaib Akhter, former employees of Opexus, a federal contractor, received the “Database Deletion” award for allegedly deleting 96 government databases containing sensitive information, including FOIA records. CyberScoop details the allegations, which include attempts to cover their tracks by deleting system logs. The brothers face potential decades in prison if convicted.

Despite these setbacks, the EFF notes a positive trend: some agencies are demonstrating a commitment to transparency. The example of Northern Nevada Public Health, which promptly provided restaurant health inspection records, offers a glimpse of what’s possible when open government is prioritized. The Foilies serve as a critical reminder of the ongoing need to advocate for and defend the public’s right to know.