Recognizing the Worst in Government Transparency: The Foilies 2026
The Foilies, an annual project by the Electronic Frontier Foundation (EFF) and MuckRock, recognize agencies, officials, and contractors that obstruct public access to information. Written by EFF’s Beryl Lipton, Dave Maass, and Aaron Mackey, and MuckRock’s Dillon Bergin, Kelly Kauffman, and Anna Massoglia, the 2026 awards highlight particularly egregious examples of government transparency failures.
For the past six years, a journalism class at the University of Nevada, Reno, has begun each semester by filing Freedom of Information Act (FOIA) requests. Their assignment: request copies of complaints sent to the Federal Communications Commission (FCC) regarding their favorite TV shows, local radio stations, or major broadcast events like the Grammy Awards or the Super Bowl halftime reveal. This exercise underscores the fundamental democratic principle that public documents belong to the people.
The FCC’s Delayed Response
Traditionally, the FCC has provided requested records within weeks, or even days. However, in September, when students requested consumer complaints filed against NPR and PBS stations to assess potential justification for defunding public media, they encountered significant delays. As of March 2026, seven months later, the students had received no response.
This delay exemplifies a growing disregard for transparency, prompting the Foilies to recognize such instances.
The Foilies Awards 2026
Established in 2015, the Foilies are presented during Sunshine Week (March 15-21), a nationwide effort to emphasize the importance of open government. This year’s awards spotlight several particularly concerning cases.
The Love Letters Award – Gov. Greg Abbott
Texas Governor Greg Abbott received the “Love Letters Award” for withholding communications with Elon Musk. Despite a legal order from the Texas Attorney General to release nearly 1,400 pages of communications, approximately 1,200 pages were fully redacted, revealing little more than invitations to social events and launch reminders.
The Surcharge, Eh? Award – Vancouver, B.C.
The City of Vancouver, British Columbia, was awarded “The Surcharge, Eh?” award for imposing a CAD $10 fee (approximately $7.33 USD) on requests for “non-personal” public records, despite already funding record creation and storage through taxes. Officials claim the fee is to deter misuse and cover administrative costs.
The Shady Screenshot Award – Department of Homeland Security
The Department of Homeland Security (DHS) received “The Shady Screenshot Award” for altering its records retention policy. In response to a request from the nonprofit American Oversight, DHS stated it was no longer automatically archiving text messages between officials. Instead, officials were instructed to take screenshots of work-related text messages, a practice that violates the Federal Records Act, which requires agencies to retain all records regardless of format.
The Discardment of Government Efficiency Award – DOGE
The now-disbanded Department of Government Efficiency (DOGE), led by Elon Musk, received “The Discardment of Government Efficiency Award.” Despite Musk’s claims of supporting transparency, DOGE slashed government positions, including FOIA officers, and argued its own records were exempt from FOIA requests under the Presidential Records Act.
The Secret Eyes in the Sky Award – Chula Vista Police Department, Calif.
The Chula Vista Police Department in California earned “The Secret Eyes in the Sky Award” for its resistance to releasing footage from its drone program. After an appellate court ruling, the city was forced to release footage, revealing routine service calls such as reports of vehicle fires and collisions. The city also faced significant legal costs due to its attempts to withhold the information.
The City of Darkness Award – Richmond, Va.
Richmond, Virginia, received “The City of Darkness Award” for creating a FOIA library curated by the same officials subject to records requests. This approach allows the mayor’s administration to determine which records are made public, raising concerns about transparency and accountability. The city is also embroiled in a legal battle with a former FOIA officer alleging she was fired for advocating compliance with public records laws.
The Flock You Awards – Multiple Winners
Several entities received “The Flock You Awards” for issues related to the surveillance vendor Flock Safety. Concerns include the sharing of data between law enforcement agencies, inappropriate searches (including investigations related to abortion and targeting of specific communities), and legal threats against critics of the company. Cities like Taunton, Massachusetts, attempted to impose exorbitant fees for access to network audit logs, whereas the Orange County Sheriff’s Department in California argued releasing such logs would “disincentive law enforcement.”
The Database Deletion Award – Muneeb and Sohaib Akhter, formerly of Opexus
Muneeb and Sohaib Akhter, former employees of government contractor Opexus, were awarded “The Database Deletion Award” for allegedly deleting 96 government databases containing FOIA records and sensitive investigative files. They are accused of intentionally destroying data after being fired for previous fraudulent activity.
For more FOIA horror stories, visit the Foilies archives!
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