As the annual Sunshine Week approaches, the Electronic Frontier Foundation (EFF) and MuckRock have unveiled the 2026 Foilies, a tongue-in-cheek recognition of government entities that obstruct public access to information. Since its inception in 2015, the Foilies have spotlighted the importance of transparency in government, particularly through the lens of the Freedom of Information Act (FOIA).
This year, the spotlight is on various government officials and agencies whose actions have raised eyebrows, particularly in light of the fundamental principle that citizens have the right to access their government’s records. For instance, a class of journalism students from the University of Nevada, Reno, faced significant delays when they sought consumer complaints against public media outlets, highlighting a growing trend of governmental opacity.
Among notable “winners” of this year’s Foilies, Texas Governor Greg Abbott received the “Love Letters Award” for withholding communications with prominent business figure Elon Musk. The state’s rationale for this secrecy hinged on claims that releasing such documents would expose confidential discussions about legal and policy matters. However, even after the Texas Attorney General ordered the release of nearly 1,400 pages of communications, most were heavily redacted, leaving little to the public’s imagination.
The Surcharge, Eh? Award
Vancouver, British Columbia, was awarded the “Surcharge, Eh?” award for charging residents $10 Canadian every time they request non-personal public records, despite the fact that taxpayer dollars already fund the creation and storage of these documents. City officials justified this fee as a means to deter misuse and recover administrative costs. Critics argue that this move prioritizes secrecy over accountability.
The Shady Screenshot Award
The Department of Homeland Security (DHS) also found itself in the spotlight for its new policy on text message retention. Previously, DHS archived text messages sent between officials, but the agency has since shifted to a system where officials are instructed to take screenshots of relevant texts. This change has been criticized as a blatant disregard for transparency, especially given the Federal Records Act’s stipulations on record retention.
Transparency Challenges in Law Enforcement
The “Secret Eyes in the Sky Award” went to the Chula Vista Police Department in California, which faced legal challenges over its drone footage policies. After a journalist filed a request for drone videos related to public safety, the police department initially claimed all footage was exempt from disclosure. However, a court ruling determined that only footage pertinent to criminal investigations could be withheld, ultimately revealing that the department had been withholding routine service call footage.
Another significant recognition was given to the Richmond, Virginia, city government for its approach to the newly established FOIA Library, which limits public access to records deemed relevant by city officials. This decision has raised concerns about the city’s commitment to transparency, especially in light of ongoing legal battles involving former officials who claim they were dismissed for advocating for compliance with public records laws.
The Database Deletion Award
A particularly alarming case involved brothers Muneeb and Sohaib Akhter, who are accused of deleting 96 government databases while employed by a federal contractor. Their actions reportedly included unauthorized access to databases and attempts to destroy evidence of their activities. The implications of this incident could be far-reaching, as it highlights vulnerabilities in government data security, and management.
The Foilies not only serve to shame those who act against the public interest but also encourage citizens to demand better transparency and accountability from their government officials. As Sunshine Week unfolds, advocates are reminded of the crucial role that informed citizens play in a functioning democracy.
Looking forward, the implications of these awards and the highlighted cases may prompt calls for reforms in public records access and transparency practices. Citizens are encouraged to stay engaged, voice their concerns, and hold public officials accountable for upholding the principles of open government.
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