Standard For Private Organization Having The Duty Of Information Disclosure

In America, more and more case are focusing on the problemwhether the private entities have the duty of information disclosure. Onone hand, it is connected with the definitions of"agency"in APA andFOIA. On the other hand, it is in relation to the reality that plenty oforganizations outside the government began to carry out administrativeactions.Looking through the cases, the court applied"function equality"standard to the subject involved in Soucie. Then , the standard developedas lots of cases appeared and meanwhile, it also has some changes such aas"forms of establishment","organization structure"factors graduallymerged.However,"function equality"standard was based on the definitionsin APA and as FOIA made new definitions, it did not take a mainstream any more because"substantial control"standard replaced. In Forsham,the court dealt the dispute with the standard of"extensive, detailed, andvirtually day-to-day supervision". This case has great significance for itestablished the"substantial control"standard. In the cases followed, thefactors also changed a lot and formed the most popular standard that thecourts still apply. In particular, the standard——what constitutes"substantial control"——contains factors as follows: grants or funds,the extent of control, federal charter, the nature of employees and so on.In consideration of the standards, we can obtain a lot teaching forthe settlement of our problems, especially to make sure whether how tocarry out information disclosure for private entities.