Understanding Compelling Need [Aeronautics and Space]: Legal Definition and Importance
Definition & meaning
The term compelling need refers to a situation where obtaining certain records quickly is crucial. According to federal regulations, this can occur under two main conditions:
- If failing to access the requested records could reasonably lead to an immediate threat to someone's life or physical safety.
- If the request is made by someone primarily involved in sharing information, and there is an urgent need to inform the public about actual or suspected activities of the federal government.
Legal use & context
This term is primarily used in the context of federal information access laws, particularly under the Freedom of Information Act (FOIA). It is relevant in areas such as:
- Government transparency
- Public safety
- Media and information dissemination
Individuals or organizations seeking expedited access to records may use this term as part of their request, especially when they believe that the information is essential for public awareness or safety.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A journalist requests access to records about a recent government decision that may impact public health, arguing that the public needs timely information to protect themselves.
Example 2: A nonprofit organization seeks records related to a natural disaster response, claiming that delays in obtaining this information could hinder their efforts to assist affected individuals. (hypothetical example)
Relevant laws & statutes
The primary law governing the concept of compelling need is the Freedom of Information Act (FOIA), specifically under 14 CFR 1206.101 (r). This statute outlines the conditions under which expedited processing of records requests can be granted.