Audit on CFTC's Protection of the Identity of Whistleblowers from FOIA Inquiries

This attached report, Audit on the Impact of the Freedom of Information Act Exemption Related to Protecting the Identity of Whistleblowers in Fiscal Years 2012 and 2011, was conducted pursuant to the Dodd-Frank Act. The study was intended to:

(aa) examine whether the exemption under section 552(b)(3) of title 5, United States Code (known as the Freedom of lnformation Act) established in paragraph (2)(A) aids whistleblowers in disclosing information to the CFTC; (bb) understand what impact the exemption has had on the public's ability to access information about the CFTC's regulation of commodity futures and option markets; and (cc) to make any recommendations on whether the Commission should continue to use the exemption.

The audit presented two recommendations for improving the operations of this program area. Specifically, the OIG recommends that:

1. "written policies and procedures be established within the FOIA office and CFTC Whistleblower office for interacting with the FOIA Office if a FOIA request involves a whistleblower"; and2. "the Consumer Protection webpage within the CFTC website and CFTC Form TCR be revised to highlight the protection for whistleblowers."

The audit report found that, out of 20 whistleblowers, the majority significantly valued confidentiality.

Cross-Reference(s): Dodd-Frank Section 748 ("Commodity whistleblower incentives and protection").

Click here to view report in full (links externally to CFTC website).