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Filename: FOIA-PA.DOC (FOIA-PA.ZIP)
Type : Document
Author : Unknown
Date : 09/20/91
Desc : Citizen's Guide to the FOIA and the Privacy Act
Note : With Appendix and Address Listings (Approx: 60 Pages overall)
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G O V E R M E N T R E C O R D S A N D P R I V A C Y
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A Citizen's Guide on Using the Freedom of Information Act and
the Privacy Act of 1974 to Request Government Records
INTRODUCTION:
-------------
A popular Government without popular information or the means of
acquiring it, is but a Prologue to a Farce or a Tragedy or perhaps
both. Knowledge will forever govern ignorance, and a people who mean to
be their Governors, must arm themselves with the power knowledge gives.
- James Madison
The Freedom of Information Act (FOIA) established a presumption that
records in the possession of agencies and departments of the Executive
Branch of the United States government are accessible to the people.
This was not always the approach to the federal information disclosure
policy. Before enactment of the Freedom of Information Act in 1966, the
burden was on the individual to establish a right to examine these
government records. There were statutory guidelines or procedures to
help a person seeking information. There judicial remedies for those
denied access.
With the passage of the FOIA, the burden of proof shifted from the
individual to the government. Those seeking information are no longer
required to show a need for information. Instead, the "need to know"
standard has been replaced by a "right to know" doctrine. The
government now has to justify the need for secrecy.
The FOIA sets standards for determining which records must be made
available for public inspection and which records can be withheld from
disclosure. The law also provides administrative and judicial remedies
for those denied access to records. Above all, the statute requires
federal agencies to provide the fullest possible disclosure of
information to the public.
The Privacy Act of 1974 is a companion to the FOIA. The Privacy Act
regulates federal government agency record keeping and disclosure
practices. The Act allows most individuals to seek access records about
themselves. The Act requires that personal information in agency files
be accurate, complete, relevant, and timely. The Act allows the subject
of a record to challenge the accuracy if the information. The Act
requires that agencies obtain information directly from the subject of
the record and that information gathered for one purpose not be used
for another purpose. As with the FOIA, the Privacy Act provides civil
remedies for individuals whose rights have been violated.
Another important feature of the Privacy Act is the requirement that
each federal agency publish a description of each system of records
maintained by the agency that contains personal information. This
prevents agencies from keeping secret records.
The Privacy Act also restricts the disclosure of personally
identifiable information by federal agencies. Together with the FOIA,
the Privacy Act permits disclosure of most personal files to the
individual who is the subject of the files. The two laws restrict
disclosure of personal information to others when disclosure would
violate privacy interests.
While both the FOIA and the Privacy Act encourage the disclosure of
agency records, both laws also recognize the legitimate need to
restrict disclosure of some information. For example, agencies may
withhold information classified in the interest of national security or
foreign policy, trade secrets, and criminal investigatory files. Other
specifically defined categories of confidential information may also be
withheld.
The essential feature of both laws is that they make federal agencies
accountable for information disclosure policies and practices. While
neither laws grant an absolute right to examine government documents,
both laws provide a right to request records and to receive a response
to the request. If a request record cannot be released, the requester
has a right to appeal the denial and, if necessary, to challenge it in
court.
These procedural rights granted by the FOIA and the Privacy Act make
the laws valuable and workable. The disclosure of governmental
information cannot be controlled by arbitrary or unreviewable actions.
WHICH ACT TO USE:
-----------------
The access provisions of the FOIA and the Privacy Act overlap in part.
The two laws have different procedures and different exemptions. As a
result, sometimes information exempt under one law will be disclosed
under the other.
In order to take maximum advantage of the laws, and individual seeking
information about himself or herself should normally cite both laws.
Requests by an individual for information that does not relate solely
to himself or herself should be made under the FOIA.
Congress intended that the two laws be considered together in the
processing of requests for information. Many government agencies will
automatically handle requests from individuals in a way that will
maximize the amount that is disclosable. However, a requester should
still make a request in a manner that is most advantageous and that
fully protects all available legal rights. A requester who has any
doubts about which law to use should always site both the FOIA and the
Privacy Act when seeking documents from the federal government.
THE SCOPE OF THE FREEDOM OF INFORMATION ACT:
--------------------------------------------
The federal Freedom of Information Act applies to documents held by
agencies in the executive branch of the federal government. The
executive branch includes cabinet departments, military departments,
government corporations, government controlled corporations,
independent regulatory agencies, and other establishments of the
executive branch.
The FOIA does not apply to elected officials of the federal government,
including the President, Vice President, Senators, and Congressmen, or
the federal judiciary. The FOIA also does not apply to private
companies; persons who receive who received federal contracts or
grants; tax-exempt organizations; or state or local governments.
All states and some localities have passed laws like the FOIA that
allow people to request access to records. In addition, there are other
federal and state laws that may permit access to documents held by
organizations not covered by the FOIA.
WHAT RECORDS CAN BE REQUESTED UNDER FOIA:
----------------------------------------
The FOIA requires agencies to publish or make available some types of
information. This includes: (1) Description of agency organization and
office addresses; (2) statement of the general course and method of
agency operation; (3) rules of procedure and descriptions of forms; (4)
substantive rules of general applicability and general policy
statements; (5) final opinions made in the adjudication of cases; and
(6) administrative staff manuals that affect the public. This
information must either be published or made available for inspection
and copying without the formality of an FOIA request.
All other "agency records" may be requested under the FOIA. However,
the FOIA does not define "agency record." Material that is in the
possession, custody, or control of an agency is usually considered to
be an agency record under the FOIA. Personal notes of agency employees
may not be agency record. A record that is not an "agency record" will
not be available under the FOIA.
The form in which a record is maintained by an agency does not affect
its availability. A request may seek a printed or typed document, tape
recording map, computer print out, computer tape, or similar item.
Of course, not all records that can be requested must be disclosed.
Information that is exempt from disclosure is described below in the
section entitled "Reasons Access May be Denied Under the FOIA."
The FOIA carefully provides that a requester may ask for records rather
than information. This means that an agency is only required o look for
an existing record or document in response to an FOIA request. An
agency is not obliged to create a new record to comply with a request.
An agency is not required to collect information it does not have. Nor
must an agency do research or analyze data for a requester.
Requesters may ask for existing records. Requests may have to be
carefully written in order to obtain the information that is desired.
Sometimes, an agency will help a requester identify the specific
document that contains the information being sought. Other times, a
requester may need to be creative when writing an FOIA request in order
to identify an existing document or set of documents containing
the desired information.
There is a second general limitation on FOIA requests. The law requires
that each request must reasonably describe the records being sought.
This means that a request must be specific enough to permit a
professional employee of the agency who is familiar with the subject
matter to locate the record in a reasonable period of time.
Because different agencies organized and index records in different
ways, one agency may consider a request to be reasonably descriptive
while another agency may reject a similar request as too vague. For
example, the federal Bureau of Investigation has a central index for
its primary record system. As a result, the FBI is able to search for
records about a specific person. However, agencies that do not maintain
a central name index may be unable to conduct the same type of search.
These agencies may reject a similar request because the request does
not describe records that can be identified.
Requesters should make their requests as simple as possible. If a
specific document is required, it should be identified as precisely as
possible, preferably by date and title. However, a request does not
have to be that specific. A requester who cannot identify a specific
record should clearly explain his or her needs. A requester should make
sure, however, that the request is broad enough to cover the
information that is needed.
For example, assume that a requester wants to obtain a list of toxic
sites near his home. A request to the Environmental Protection Agency
for all records on toxic waste would cover many more records than are
needed. The fees for such a request might be very high, and it is
possible that the request might be rejected as too vague.
A request for al toxic waste sites within three miles of a particular
address is very specific. But is unlikely that EPA would have an
existing record containing data organized in that fashion. As a result,
the request might be denied because there is no existing record
containing the information.
The requester might do better to ask for a list of toxic waste sites in
his city, county, or state. It is more likely that existing records
might contain this information. The requester might also want to tell
the agency in the request letter exactly what information is desired.
The additional explanation will help the agency to find a record that
meets the request.
Many people include their phone numbers in their requests. Sometimes
questions about the scope of a request can be resolves quickly when the
agency employee and the requester talk. This is an efficient way to
resolve questions that arise during the processing of FOIA requests.
It is to everyone's advantage if requests areas precise and as narrow
as possible. The requester benefits because the request can be
processed faster and cheaper. The agency benefits because it can do a
better job of responding to the request. The agency will also be able
to use its scarce resources to respond to more requests. The FOIA works
best when both the requester ad the agency act cooperatively.
MAKING AN FOIA REQUEST:
-----------------------
The first step in making a request under the FOIA is to identify the
agency that has the records. An FOIA request must be addressed to a
specific agency. There is no central governmental record office that
services FOIA requests.
Often, a requester knows beforehand which agency has the desired
record. If not, a requester can consult a government directory such as
the United States Government Manual. This manual has a complete list of
all federal agencies, a description of agency functions, and the
address of each agency. A requester who is uncertain about which agency
has the records that are needed can make FOIA requests at more than one
agency.
All agencies normally require that FOIA requests be in writing. Letters
requesting records under the FOIA can be short and simple. No one needs
a lawyer to make an FOIA request. Appendix 1 of this guide contains a
sample letter.
The request letter should be addressed to the agency's FOIA officer or
to the head of the agency. The envelope containing the written request
should be marked "Freedom of Information Act Request" in the bottom
left hand corner.
There are three basic elements to an FOIA request letter. First, the
letter should state that the request is being made under the Freedom of
Information Act. Second, the request should identify the records that
are being sought as specifically as possible. Third, the name and
address of the requester must be included.
In addition, in 1986 amendments to the FOIA, the fees chargeable vary
with the status or purpose of the requester. As a result, the requester
may have to provide additional information to permit the agency to
determine the appropriate fees. Different fees can be charged to
commercial users, representatives of the news media, educational and
noncommercial scientific institutions, and individuals. The next
section, "Fees and Fee Waivers", explains the new fee structure in more
detail.
There are several optional items that are often included in an FOIA
request. The first is the telephone number of the requester. This
permits an agency employee processing a request to talk with the
requester if necessary.
A second optional item is a limitation on the fees that the requester
is willing to pay. It is common for requesters to br contacted if the
charges will exceed a fixed amount. This allows a requester to modify
or withdraw a request if the cost is too high.
A third optional item sometimes included in an FOIA request is a
request for waiver or reduction of fees. THe 1986 amendments waived or
reduced the rules for fee waivers. Fees must be waived or reduced if
disclosure of the information is in the public interest because it is
likely to contribute significantly to public understanding of the
operations or activities of the government and is not primarily in the
commercial interest of the request. Decisions about granting fee waives
are separate from and different from decisions about the amount of
fees that can be charged to requesters.
Requesters should keep a copy of their request letter and related
correspondence until the request has been fully resolved.
FEES AND FEE WAIVERS:
---------------------
FOIA requesters may have to pay fees covering some or all of the cost
of processing their request. As amended in 1986, the law establishes
three types of charges that may be imposed on requesters. The 1986 law
makes the process of determining the applicable fees more complicated.
However, the new rules reduce or eliminate entirely the cost for small,
noncommercial requests.
First, fees can be imposed to recover the cost od copying documents.
All agencies have a fixed price for making copies using copying
machines. Requesters are usually charged the actual cost of copying
computer tapes, photographs, or other nonstandard documents.
Second, fees can also be imposed to recover the cost of searching for
documents. This includes the time spent looking for material responsive
to a request. Requesters can minimize search charges by making clear,
narrow, requests for identifiable documents wherever possible.
Third, fees can be charged to recover review costs. Review is the
process of examining documents to determine whether any portion is
exempt from disclosure. Before the effective date of the 1986
amendments, no review charges were imposed on any requester. Effective
April 25, 1987, review charges may be imposed on commercial requesters
only. Review charges only include costs incurred during the initial
examination of a document. An agency may not charge for any cost
incurred in resolving issues of law or policy that may arise while
processing a request.
Different fees apply to different categories of requests. There are
three basic groups of FOIA requesters. The first includes
representatives of the news media, the educational or noncommercial
scientific institutions whose purpose is scholarly or scientific
research. Requesters in this category who are not seeking records for
commercial use can only be billed for reasonable standard document
duplication charges. A request for information from a representative of
the news media is not considered to be for commercial use if the
request is in support of a news gathering or dissemination function.
The second group includes FOIA requesters seeking records for
commercial use. Commercial use is not defined in the law, but generally
includes profit making activities. Commercial users pay a reasonable
standard charges for document duplication, search, and review.
The third group of FOIA requesters includes everyone not included in
either of the first two groups. People seeking information for their
own use, public interest groups, and non-profit organizations are
examples of requesters who fall into the third group. Charges for these
requests are limited to reasonable standard charges for document
duplication and search. No review charges may be imposed. The 1986
amendments did not change the fees charged to these requesters.
Small requests are free to requesters in the first and third groups.
This includes all requesters except commercial users. There is no
charge for the first two hours of search time and the first 100 pages
of documents. Noncommercial requesters who limit their requests to a
small number of easily found records will not pay any fees at all.
In addition, the law also prevents agencies from charging fees in the
cost of collecting the fee would exceed the amount collected. This
limitation applies to all requests, including those seeking documents
for commercial use. Thus, if the allowable charges for any FOIA request
are small, no fees are imposed.
Each agency sets charges for duplication, search, and review based on
its own cost. The amount of these charges is included in the agency
FOIA regulations. Each agency also sets its own threshold for minimum
charges.
The 1986 FOIA amendments changed the law on fee waivers. The new rules
require that fees must be waived or reduced if disclosure of the
information is in the public interest because it is likely to
contribute significantly to public understanding of the operation or
activities of the government and is not primarily in the commercial
interest of the requester.
The new rules for fees and fee waivers have created some confusion.
Determinations about fee are separate and apart from determinations
about eligibility for fee waivers. For example, a news reporter may
only be charged duplication fees and may ask that the duplication fees
be waived. There is no need for a reporter to ask for a waiver of
search and review costs because search and review costs are not charged
to reporters.
Only after a requester has been categorized to determine applicable
fees does the issue of a fee waiver arise. A requester who seeks a fee
waiver should include a separate request in the original request
letter. The requester should describe how disclosure will contribute to
the public understanding of the operations or activities of the
government. The sample request letter in the appendix includes optional
language asking for a fee waiver.
Any requester may ask for a fee waiver. Some will find it easier to
qualify than others. A news reporter who is charged only duplication
costs may still ask that the charges be waived because of the public
benefits that will result from disclosure. Representatives of the news
media and public interest groups are very likely to qualify for a
waiver of fees. Commercial users will find it more difficult to
qualify.
The eligibility of other requesters will vary. A key element in
qualifying for a fee waiver is the relationship of the information to
public understanding of the operations or activities of the government.
Another important factor is ability of the requester to convey that
information to other interested members of the public. A requester is
not eligible for a fee waiver solely because of indigence.
REQUIREMENTS FOR AGENCY RESPONSES:
----------------------------------
Each agency is required to determine within 10 days (excluding
Saturdays, Sundays, and legal Holidays) after the receipt of a request
whether to comply with the request. The actual disclosure of documents
is required to follow promptly thereafter. If a request for records is
denied in whole or in part, the agency must tell the requester the
reason for the denial. The agency must also tell the requester that
there is a right to appeal ny adverse determination to the head of the
agency.
The FOIA permits agencies to extend the time limits up to ten days in
unusual circumstances. These circumstances include the need to collect
records from remote locations, review large numbers of records, and
consult with other agencies. Agencies are suppose to notify the
requester whenever an extension is invoked.
The statutory time limit for responses are not always met. Agencies
sometimes receive an unexpectedly large number of FOIA requests at one
time and are unable to meet the deadlines. Some agencies assign
inadequate resources to FOIA offices. The Congress does not condone the
failure of any agency to meet the law's limit. However, as a practical
matter, there is little that a requester can do about it. The courts
have been reluctant to provide relief solely because the FOIA's time
limits have not been met.
The best advice to requesters is to be patient. The law allows a
requester to consider a request to be denied if it has not been decided
within the time limit. This permits the requester to file an
administrative appeal. However, this is not always the best course of
action. The filing of an administrative or judicial appeal does not
normally result in any faster processing of the request.
Agencies generally process requests in the order in which they were
received. Some agencies will expedite the processing of urgent
requests. Anyone with a pressing need for records should consult with
the agency FOIA office about how to ask for expedited treatment of
requests.
REASONS ACCESS MAY BE DENIED UNDER THE FOIA:
--------------------------------------------
An agency may refuse to disclose an agency record that falls within any
of the FOIA's nine statutory exemptions. The exemptions protect against
the disclosure of information that would harm national defense or
foreign policy, privacy of individuals, proprietary interests of
business, functioning of government, or other important interest.
A record that does not qualify as an "Agency record" may be denied
because only the agency records are available under the FOIA. Personal
notes of agency employees may be denied on that basis.
An agency may withhold exempt information, but is not always required
to do so. For example, an agency may disclose an exempt internal
memorandum because no harm would result from its disclosure. However,
an agency is not likely to agree to disclose an exempt document that is
classified or that contains a trade secret.
When a record contains some information that qualifies as exempt, the
entire record is not necessarily exempt. Instead, the FOIA specifically
provides that any reasonably segregable portion of a record must be
provided to a requester after the deletion of the portions that are
exempt. This is a very important requirement because it prevents an
agency from withholding an entire document simply because one line or
one page is exempt.
EXEMPTION 1: CLASSIFIED DOCUMENTS
---------------------------------
The first FOIA exemption permit the withholding of properly classified
documents. Information may be classified to protect it in the interest
of national defense or foreign policy. Information that has been
classified as "confidential," "Secret," or "Top Secret" under the
procedures of the Executive Order on Security Classifications can
qualify under the first exemption.
The rules for classification are established by the President and not
the FOIA or other law. The FOIA provides that, if a document has been
properly classified under the President's rules, the document can be
withheld from disclosure.
Classifies documents may be requested under the FOIA. An agency can
review the document to determine if it still requires protection. In
addition, the Executive Order on Security Classifications establishes a
special procedure for requesting the declassification of documents. If
a requested document is declassified, it can be released in response to
an FOIA request. However, a document that was formerly classified may
still be exempt under other FOIA exemptions.
EXEMPTION 2: INTERNAL PERSONNEL RULES AND PRACTICES
---------------------------------------------------
The second FOIA exemption covers matters that are related solely to an
agency's internal personnel rules and practices. As interpreted by the
courts, there are two separate classes of documents that are generally
held to fall within exemption two.
First, information relating to personnel rules or internal agency
practices is exempt if it is a trivial administrative matter of no
genuine public interest. A rule governing lunch hours for agency
employees is an example.
Second, internal administrative manuals can be exempt if disclosure
would risk circumvention of laws or agency regulations. In order to
fall into this category, the material will normally have to regulate
internal agency conduct rather than public behavior.
EXEMPTION 3: INFORMATION EXEMPT UNDER OTHER LAWS
------------------------------------------------
The third exemption incorporates into the FOIA other laws that restrict
the availability of information. To qualify under exemption three, a
statute must require that matters be withheld from the public in such a
manner as to leave no discretion to the agency. ALternatively, the
statute must establish particular criteria for withholding or refer to
particular types of matters to be withheld.
One example of a qualifying statute is the provision of the Tax Code
prohibiting the public disclosure of tax returns and tax law
designating identifiable census data as confidential. Whether a
particular statute qualifies under exemption 3 can be a difficult legal
determination.
EXEMPTION 4: CONFIDENTIAL BUSINESS INFORMATION
----------------------------------------------
The fourth exemption protects from public disclosure two types of
information: trade secrets and confidential business information. A
trade secret is a commercially valuable plan, formula, process, or
device. This is a narrow category of information. An example of a trade
secret is the recipe for a commercial food product.
The second type of protected data is commercial or financial
information obtained from a person and privileged or confidential. The
courts have held that the data qualifies for withholding if disclosure
by the government would be likely to harm the competitive position of
the person who submitted the information. Detail information on a
company's market plans, profits, or costs can qualify as confidential
business information. Information may also be withheld if disclosure
would be likely to impair the government's ability to obtain similar
information in the future.
Only information obtained from a person other than a government agency
qualifies under the fourth exemption. A person is an individual, a
partnership, or a corporation. Information than an agency created on
its own cannot normally be withheld under exemption four.
Although there is no formal requirement under the FOIA, any agencies
will notify a submitter of a business information that disclosure of
the information is being considered. The submitted can file suit to
block disclosure under the FOIA. Such lawsuits are generally referred
to as "reverse" FOIA lawsuits because the FOIA is being used in an
attempt to prevent rather than require disclosure of information. A
reverse FOIA lawsuit may be filed when a submitter of documents and the
government disagree whether the information is confidential.
EXEMPTION 5: INTERNAL GOVERNMENT COMMUNICATIONS
-----------------------------------------------
The FOIA's fifth exemption applies to internal government documents.
One example is a letter from one government department to another about
a joint decision that has not yet been made. Another example is a
memorandum from an agency employee to his supervisor describing options
for conducting the agency's business.
The purpose of the exemption is to safeguard the deliberate
policymaking process of the government. The exemption encouraged frank
discussions of policy matters between agency officials by allowing
supporting documents to be withheld from public disclosure. The
exemption also protects against premature disclosure of policies before
final adoption.
While the policy behind the fifth exemption is well-accepted, the
application of the exemption is complicated. The fifth exemption may
be the most difficult FOIA exemption to understand and apply. For
example, the exemption protects the policymaking process, but it does
not protect purely factual information related to the policy process.
Factual information must be disclosed unless it is inextricably
intertwined with protected information about an agency decision.
Protection for the decision making process is appropriate only for the
period while the decisions are being made. Thus, the fifth exemption
has been held to distinguish between documents that are pre-decisional
and therefore may be protected, and those which are post-decisional and
therefore not subject to protection. Once a policy is adopted, the
public has a greater interest in knowing the basis for the decision.
The exemption also incorporates some of the privileges that apply in
litigation involving the government. For example, papers prepared by
the government's lawyer are exempt in the same way that papers prepared
by private lawyers for clients are not available through discovery in
civil litigation.
EXEMPTION 6: PERSONAL PRIVACY
-----------------------------
The sixth exemption covers personnel, medical, and similar files that
the disclosure of which would constitute a clearly unwarranted invasion
of privacy. This exemption protects the privacy interests of
individuals by allowing an agency to withhold from disclosure intimate
personal data kept in government files. Only individuals have privacy
interests. Corporations and other legal persons have no privacy right
under the sixth exemption.
The exemption requires agencies to strike a balance between an
individual's privacy interests and the public's right to know. However,
since only a clearly unwarranted invasion of privacy is a basis for
withholding, there is a perceptible tilt in favor of disclosure over
exemption. Nevertheless, the sixth exemption makes it hard to obtain
information about another individual without the consent of the
individual.
The Privacy Act of 1974 also regulates the disclosure of personal
information about individuals. The FOIA and the Privacy Act overlap in
part, but there is no inconsistency. Individuals seeking records about
themselves should cite both laws when making a request. This ensures
that the maximum amount of disclosable information will be released.
Records that can be denied to an individual under the Privacy Act are
not necessarily exempt under the FOIA.
EXEMPTION 7: LAW ENFORCEMENT
----------------------------
The seventh exemption allows agencies to withhold law enforcement
records in order to protect the law enforcement process from
interference. The exemption was amended slightly in 1986, but it still
retains six specific subexemptions
Exemption (7)(A) allows the withholding of law enforcement records that
could reasonably be expected to interfere with enforcement proceedings.
This exemption protects active law enforcement investigations from
interference from premature disclosure.
Exemption (7)(B) allows the withholding of information that would
deprive a person of a right ta a fair trial or an impartial
adjudication. This exemption is rarely used.
Exemption (7)(C) recognizes that individuals have a privacy interest in
information maintained in law enforcement files. If the disclosure of
information could reasonably be expected to constitute an unwarranted
invasion of personal privacy, the information is exempt from
disclosure. The standards for privacy protection in Exemption 6 and
Exemption (7)(C) differ slightly. Exemption (7)(C) refers only to
unwarranted invasions of personal privacy rather than to clearly
unwarranted invasions.
Exemption (7)(D) protects the identity of confidential sources.
Information that could reasonable be expected to reveal the identity of
a confidential source is exempt. A confidential source can be a state,
local or foreign agency or authority, or a private institution that
furnished the information on a confidential basis. In addition, the
exemption protects information furnished by a confidential source if
the data was compiled by a criminal law enforcement authority during a
criminal investigation or by an agency conducting a lawful national
security intelligence investigation.
Exemption (7)(E) protects from disclosure information that would reveal
techniques and procedures for law enforcement investigations or
prosecutions or that would disclose guidelines for law enforcement
investigations or prosecutions if disclosure of the information could
reasonably be expected to risk circumvention of the law.
Exemption (7)(F) protects law enforcement information that could
reasonably be expected to endanger the life or physical safety of any
individual.
EXEMPTION 8: FINANCIAL INSTITUTIONS
-----------------------------------
The eighth exemption protects information that is contained in or
related to examination, operating, or condition reports prepared by or
for a bank supervisory agency such as the Federal Deposit Insurance
Corporation, or the Federal Reserve, or similar agencies.
EXEMPTION 9: GEOLOGICAL INFORMATION
-----------------------------------
The ninth exemption covers geological and geophysical information,
data, and maps about wells. This exemption is rarely used.
FOIA EXCLUSIONS:
----------------
The 1986 amendments to the FOIA gave limited authority to agencies to
respond to a request without confirming the existence of the requested
records. Ordinarily, any proper request must receive an answer stating
whether there is any responsive information, even if the requested
information is exempt from disclosure
In some narrow circumstances, acknowledgement of the existence of a
record can produce consequences similar to those resulting from
disclosure of the record itself. In order to avoid this type of
problem, the 1986 amendments established three "record exclusions."
However, these exclusions do not broaden the ability of agencies to
withhold documents.
The exclusions allow agencies to treat certain exempt records as if the
records were not subject to the FOIA. Agencies are not required to
confirm the existence of three specific categories of records. If those
records are requested, agencies may state that there are no disclosable
records responsive to the request. However, these exclusions give
agencies no authority to withhold additional categories of information
from the public.
The first exclusion is triggered when a request seeks information that
is exempt because disclosure could reasonably be expected to interfere
with a current law enforcement investigation. There are specific
prerequisites for the application of this exclusion. First, the
investigation in question must involve a possible violation of criminal
law. Second, there must be a reason to believe that the subject of the
investigation is not already aware that the investigation is underway.
Third, disclosure of the existence of the record - as distinguished
from the contents of the record - could reasonably be expected to
interfere with enforcement proceedings.
When all three of these conditions are present, an agency may respond
to an FOIA request for investigatory records as if the records are not
subject to the requirements of the FOIA. In other words, the agency's
response does not have to reveal that it is conducting an
investigation.
The second exclusion applies to informant records maintained by a
criminal law enforcement agency under the informant's name pr personal
identifier. The agency is not required to required to confirm the
existence of these records unless the informant's status has been
officially confirmed. This exclusion helps agencies to protect the
identity of confidential informants. Information that might identify
informants has always been exempt under the FOIA.
The third exclusion applies only to records maintained by the Federal
Bureau of Investigation which pertain to foreign intelligence, counter
intelligence, or international terrorism. When the existence of those
types of records is classified, the FBI may treat the records as not
subject to the requirements of the FOIA.
This exclusion does not apply to all classified records on the specific
subjects. It only applies when the records are classified and when the
existence of the record is also classified. Since the underlying
records must be classified before the exclusion is relevant, agencies
have no new substantive withholding authority.
In enacting these exclusions, congressional sponsors stated that it was
their intent that agencies must inform FOIA requesters that these
exclusions are available for agency use. Requesters who believe that
records were improperly withheld because of the exclusions can seek
judicial review.
ADMINISTRATIVE APPEAL PROCEDURES:
---------------------------------
Whenever an FOIA request is denied, the agency must inform the
requester of the reasons for the denial and the requester's right to
appeal the denial to the head of the agency. A requester may appeal the
denial of a request for a document or for fee waiver. A requester may
contest the type or amount of the fees that were charged. A requester
may appeal any other adverse determination including a rejection of a
request for failure to describe adequately the documents being
requested. A requester can also appeal because the agency failed to
conduct an adequate search for the documents that were requested.
A person whose request was granted in part and denied in part may
appeal the partial denial. If any agency has agreed to disclose some
but not all of the requested documents, the filing of an appeal does
not affect the release of the documents that are disclosable. There are
no risks to the requester in filing an appeal.
The appeal to the head of an agency is a simple administrative appeal.
A lawyer can be helpful, but no one needs a lawyer to file an appeal.
Anyone who can write a latter can file an appeal. Appeals to the head
of an agency often result in the disclosure of some records that have
been withheld. A requester who is not convinced that the
agency'sinitial decision is correct should appeal. There is no charge
for filing an appeal.
An appeal is files by sending a letter to the head of the agency. The
letter must identify the FOIA request that is being appealed. The
envelope containing the letter of appeal should be marked in the lower
left hand corner with the words "Freedom of Information Act Appeal."
Many agencies assign a number to all FOIA requests that are received.
The number should be included in the appeal letter, along with the name
and address of the requester. It is a common practice to include a copy
of the agency's initial decision letter as part of the appeal, but it
is not required. It can also be helpful for the requester to include a
telephone number in the appeal letter.
An appeal will normally include the requester's arguments supporting
disclosure of the documents. A requester may include any facts or any
arguments supporting the case for reversing the initial decision.
However, an appeal letter does not have to contain any argument at all.
It is sufficient to state that the agency's initial decision is being
appealed. Appendix 1 includes a sample appeal letter.
The FOIA does not set a time limit for filing an administrative appeal
of an FOIA denial. However, it is good practice to file an appeal
promptly. Some agency regulations establish a time limit for filing an
administrative appeal. A requester whose appeal is rejected by an
agency because it it too late may refile the original FOIA request and
start the process again.
A requester who delays filing an appeal runs the risk that the
documents could be destroyed. However, as long as an agency is
considering a request or an appeal, the agency must preserve the
document.
An agency is required to make a decision on an appeal within twenty
days (excluding Saturdays, Sundays, and federal holidays.) It is
possible for an agency to extend the time limits by an additional ten
days. Once the time period has elapsed, a requester may consider that
the appeal had been denied and may proceed with a judicial appeal.
However, unless there is an urgent need for records, this is not always
the best course of action. The courts are not sympathetic to appeals
based solely on an agency's failure to comply with the FOIA's time
limit.
FILING A JUDICIAL APPEAL:
-------------------------
When an administrative appeal is denied, a requester has the right to
appeal the denial in court. An FOIA appeal can be files in the United
States District Court in the district where the requester lives. The
requester can also file suit in the district where the documents are
located or in the District of Columbia. When a requester goes to court,
the burden of justifying the withholding of documents is on the
government. This is a distinct advantage for the requester.
Requesters are sometimes successful when they go to court, but the
results vary considerably. Some requesters who file judicial appeals
find that an agency will disclose some documents previously withheld
rather than fight the disclosure in court. This does not always happen,
and there is no guarantee that the filing of a judicial appeal will
result in any additional disclosure.
Most requesters require the assistance of an attorney to file a
judicial appeal. A person who files a lawsuit and substantially
prevails may be awarded reasonable attorney fees and litigation cost
reasonably incurred. Some requesters may be able to handle their own
appeal without an attorney. Since this is not a litigation guide,
details of the judicial appeal process have not been included. Anyone
considering filing an appeal can begin by reviewing the provisions of
the FOIA on judicial review
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T H E P R I V A C Y A C T O F 1 9 7 4
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The Privacy Act of 1974 provides safeguards against an invasion of
privacy through misuse of records by federal agencies. In general, the
Act allows citizens to learn how records are collected, maintained,
used and disseminated by the federal government. The Act also permits
individuals to gain access to most personal information maintained by
the federal agencies and to seek amendment of any incorrect or
incomplete information.
The Privacy Act applies to personal information maintained by agencies
in the executive branch of the federal government. The executive branch
includes cabinet departments, military departments, government
corporations, government controlled corporations, independent
regulatory agencies, and other establishments in the executive branch.
Agencies subject to the Freedom of Information Act (FOIA) are also
subject to the Privacy Act. The Privacy Act does not generally apply to
records maintained by state and local governments or private companies
or organizations.
The Privacy Act grants rights only to United States citizens and aliens
lawfully admitted for permanent residence. As a result, foreign
nationals cannot use the Act's provisions. However foreigners may use
the FOIA to request records about themselves.
The only records subject to the Privacy Act are records about
individuals that are maintained in a system of records. The idea of a
"system of records" in unique to the Privacy Act and requires
explanation.
The Act defines a "record" to include most personal information
maintained by an agency about an individual. A record contains
information about education, financial transactions, medical history,
criminal history, or employment history. A system of records is a group
of records from which information is actually retrieved by name, social
security number, or other identifying symbol to an individual.
Some personal information is not kept in a system of records. This
information is not subject to the provisions of the Privacy Act,
although access may be requested under the FOIA. Most personal
information in government files is subject to the Privacy Act.
The Privacy Act also establishes general record management requirements
for federal agencies. In summary, there are five basic requirements
that are more relevant to individuals.
First, agencies must establish procedures allowing individuals to see
and copy records about themselves. An individual may also seek to amend
any information that is not accurate, relevant, timely, or complete.
The right to inspect and to correct records are the most important
provisions of the Privacy Act. This guide explains in more detail how
an individual ca exercise these rights.
Second, agencies must publish notices describing all systems of
records. The notice includes a complete description of personal-data
record keeping policies, practices, and systems. This requirement
prevents the maintenance of secret record systems.
Third, agencies must make reasonable efforts to maintain accurate,
relevant, timely, and complete records about individuals. Agencies are
prohibited from maintaining information about how individuals exercise
rights guaranteed by the First Amendment to the U.S. Constitution
unless maintenance of the information is specifically authorized by
statute or relates to authorized law enforcement activity.
Fourth, the Act establishes rules governing the use and disclosure of
personal information. The Act specifies that information collected for
one purpose may not be used for another purpose without notice to or
the consent of the subject of the record. The Act also requires that
agencies keep a record of some disclosures of personal information.
Fifth, the Act provides legal remedies that permit individuals to seek
enforcement of rights under the Act. In addition, there are criminal
penalties that apply to federal employees who fail to comply with the
Act's provision.
LOCATING RECORDS:
-----------------
There is no central index of federal government records. An individual
who wants to inspect records about himself or herself must first
identify which agency has the record. Often, this will not be
difficult. For example, an individual who was employed by the federal
government knows that the employing agency or the Office of Personnel
Management maintains personal records.
Similarly, an individual who receives veterans' benefits will normally
find the related records at the Veterans Administration or at the
Defense Department. Tax records are maintained by the Internal Revenue
Service, social security records by the Social Security Administration,
passport records by the State Department, etc.
For those who are uncertain about which agency has the records that are
needed, there are several sources of information. First, and individual
can ask an agency that might maintain the records. If that agency does
not have the records, it may be able to identify the proper agency.
Second, a government directory such as the United States Government
Manual contains a complete list of all federal agencies, a description
of agency functions, and the addresses of the agency and its field
offices. An agency responsible for operating a program normally
maintains the records related to that program.
Third, a Federal Information Center can help you to identify government
agencies, their functions, and their records. These Centers, which are
operated by the General Services Administration, serve as
clearinghouses for information about the federal government. There are
several dozen Federal Information Centers throughout the country.
Fourth, the Office of Federal Register publishes an annual compilation
of system of records notices for all agencies. These notices contain a
complete description of each record system maintained by each agency.
The compilation -- which is published in five large volumes -- is the
most complete reference for information about federal agency personal
information practices. The information that appears in the compilation
is also published occasionally in the Federal Register.
The compilation - formerly called Privacy Act Issuance -- may be
difficult to find. Copies will be available in some federal depository
libraries and possibly in other libraries as well. ALthough the
compilation is the best single source of detailed information about
personal records maintained by the federal government, it is not
necessary to consult the compilation before making a Privacy Act
request.
A requester is not required to identify the specific system of records
that contains the information being sought. It is sufficient to
identify the agency that has the records. Using information provided by
the requester, the agency will determine which system of records has
the files that have been requested.
Those who request records under the Privacy Act can help the agency by
identifying the type of record being sought. Large agencies maintain
dozens or even hundreds of different record systems. A request is
processed faster if the requester tells the agency that he or she was
employed by the agency, was the recipient of benefits under an agency
program, or had other specific contacts with the agency.
MAKING A PRIVACY ACT REQUEST FOR ACCESS:
----------------------------------------
The fastest way to make a Privacy Act request is to identify the
specific system of records. The request can be addressed to the system
manager. Few people do this. Instead, most people address their request
to the head of the agency that has the records or the agency's Privacy
Act Officer. The envelope containing the written request should be
marked "Privacy Act Request" in the bottom left-hand corner.
There are three basic elements to a request for records under the
Privacy Act. First, the letter should state that the request is being
made under the Privacy Act. Second, the letter should include the name,
address, and signature of the requester. Third, the request should
describe as specifically as possible the records that are wanted.
Appendix 1includes a sample Privacy Act request letter. It is a common
practice for an individual seeking records about himself or herself to
make the request both under the Privacy Act of 1974 and the Freedom of
Information Act. See the discussion in the front of this guide about
which act to use.
A requester can describe the records by identifying a specific system
of records by describing his or her contacts with an agency, or by
simply asking for all records about himself or herself. The broader and
less specific a request is, the longer it may take for an agency to
respond.
It is a good practice for a requester to describe the type of records
that he or she expects to find. For example, an individual seeking a
copy of his service record in the Army should state he was in the Army
and include the approximate dates of service. This will help the
Defense Department narrow its search to record systems that are likely
to contain the information being sought. An individual seeking records
from the Federal Bureau if Investigations may ask that files in
specific field offices be searched in addition to the FBI's central
office files. The FBI does not routinely search field office records
without a specific request.
Agencies generally require requesters to provide some proof of identity
before records will be disclosed. Agencies may have different
requirements. Some agencies will accept a signature; others may require
a notarized signature. If an individual goes to the agency to inspect
records, standard personal identification may be acceptable. More
stringent requirements may apply if the records being sought are
especially sensitive.
Agencies will inform requesters of a special identification
requirement. Requesters who need records quickly should first consult
regulations ir talk to the agency's Privacy Act Officer to find out how
to provide adequate identification.
An individual who visits an agency office to inspect a Privacy Act
record may wish to bring along a friend or relative to review the
record. When a requester brings another person , the agency may ask the
requester to sign a written statement authorizing discussion of the
record in the presence of that person.
It is a crime to knowingly and willfully request or obtain records
under the Privacy Act under false pretenses. A request for access under
the Privacy Act can be made only by the subject of the record. An
individual cannot make a request under the Privacy Act for a record
about another person. The only exception if for a parent or legal
guardian who can request records for a minor or a person who has been
declared incompetent.
FEES:
-----
Under the Privacy Act, fees can be charged only for the cost of
conveying records. No fees may be charged for the time it takes to
search for the records or the time it takes to review the records to
determine if any exemptions apply. This is a major difference from the
FOIA. Under the FOIA, fees can sometimes be charged to cover search
costs and review costs. The different fee structure in the two laws is
one reason why many requesters seeking records about themselves cite
both laws. This minimizes allowable fees
Many agencies will not charge fees for making copies of files under the
Privacy Act, especially when the files are small. If paying the copying
charges is a problem, the requester should explain in the request
letter. An agency can waive fees under the Privacy Act.
REQUIREMENTS FOR AGENCY RESPONSES:
----------------------------------
Unlike FOIA, there is no fixed time when an agency must respond to a
request for access to records under the Privacy Act. It is a good
practice for an agency to acknowledge receipt of a Privacy Act request
writing ten days and to provide the requested records within thirty
days.
At many agencies, FOIA and Privacy Act requests are processed by the
same personnel. When there is is a backlog of requests, it takes longer
to receive a response. As a practical matter, there is little that a
requester can do when an agency response is delayed. Requesters can be
patient.
Agencies generally process requests in the order in which they are
received. Some agencies will expedite the processing of urgent
requests. Anyone with a pressing need for records should consult the
agency Privacy Act Officer about how to ask for expedited treatment of
requests.
REASONS ACCESS MAY BE DENIED UNDER THE PRIVACY ACT:
---------------------------------------------------
Not all records about an individual must be disclosed under the Privacy
Act. Some records may be withheld to protect important government
interests such as national security or law enforcement.
The Privacy Act exemptions are different from the exemptions of the
FOIA. Under the FOIA, any record may be withheld from disclosure if it
contains exempt information when a request is received. The decision to
apply an FOIA exemption is made only after a request has been made. In
contrast, Privacy Act exemptions apply not only to records but to a
systems of records. Before an agency can apply a Privacy Act exemption,
the agency must first issue a regulation stating that there may be
exempt records in that system of records. Thus, there is a procedural
prerequisite for the application of the Privacy Act exemptions.
Without reviewing agency regulations, it is hard to tell whether
particular Privacy Act records are exempt from disclosure. However, it
is a safe assumption that any system of records that qualifies for an
exemption has been exempted by the agency.
Since most record systems are not exempt, the exemptions ate not
relevant to most requests. Also, agencies do not automatically rely
upon Privacy Act exemptions unless there is a specific reason to do so.
Thus, some records that are exempt may be disclosed upon request.
Because Privacy Act exemptions are complex and used infrequently, most
requesters need not worry about them. The exemptions are discussed here
for those interested in the law's detail and for reference when an
agency withholds a record. Anyone interested in more information about
the Privacy Act's exemptions can begin by reading the relevant sections
of the Act.
The Privacy Act's exemptions differ from those of the FOIA in another
important way. The FOIA in mostly a disclosure law. Information exempt
under the FOIA is exempt from disclosure only. That is not true of the
Privacy Act. It imposes many separate requirements on personal records.
No system of records is exempt from all Privacy Act requirements.
For example, no system of records is ever exempt from the requirement
that a description of the system be published. No system of records can
be exempted from the limitations on disclosure of records outside the
agency. No system is exempt from the requirements to maintain an
accounting for disclosures. No system is exempt from the restrictions
against the maintenance of unauthorized information on the exercise of
First Amendment rights. All systems are subject to the requirement that
reasonable efforts be taken to assure that records disclosed outside
the agency be accurate, complete, timely, and relevant. Agencies must
maintain proper administrative controls and security for all systems.
Finally, the Privacy Acts's criminal penalties remain fully applicable
to each system of records.
1: General Exemptions:
----------------------
There are two general exemptions under the Privacy Act. The first
applies to all records maintained by the Central Intelligence Agency.
The second genera exemption applies to to selected records maintained
by an agency or component whose principal function is any activity
pertaining to criminal law enforcement. Records of these criminal law
enforcement agencies can be exempt under the Privacy Act if the records
consist of (A) information compiled to identify individual criminal
offenders and which consist only of identifying that and notations of
arrests, the nature and disposition of criminal charges, sentencing,
confinement, release, and parole or probation status: (B) criminal
investigatory records associated with an identifiable individual; or
(C) reports identifiable to a particular individual compiled at any
stage from arrest through release from supervision.
Systems of records subject to these general exemptions may be exempt
from many of the Privacy Act's requirements. Exemption from the Act's
access and correction provisions is the most important. Individuals
have no right under the Privacy Act to ask for a copy of records that
are generally exempt or to seek correction of erroneous records.
In practice, these exemptions are not as expansive as they sound. Most
agencies that have exempt records will accept and process Privacy Act
requests. The records will be reviewed on a case-by-case basis.
Agencies will often disclose any information that does not require
protection. Agencies also tend to follow a similar policy for requests
of correction.
Individuals interested in obtaining records from the Central
Intelligence Agency or from law enforcement agencies should not be
discouraged from making requests for access. Even of the Privacy Act
access exemption is applied, portions if the records may still be
disclosable under the FOIA. This is a primary reason individuals should
cite both the Privacy Act and the FOIA when requesting records.
The general exemption from access does not prevent requesters from
filing a lawsuit under the Privacy Act when access is denied. The right
to sue under the FOIA is not changed because of a Privacy Act
exemption.
2: Specific Exemptions:
-----------------------
There are seven specific Privacy Act exemptions that can be applied to
many systems of records. Records subject to these exemptions are not
exempt from as many of the Act's requirements as are the records
subject to the general exemptions. However, records exempt under the
specific exemptions are exempt from the Privacy Act's access and
correction provision. Nevertheless, since the access and correction
exemptions are not always applied when available, those seeking records
should not being discouraged from making a request. Also, the FOIA can
be used to seek access to records exempt under the Privacy Act.
The first specific exemption covers records systems containing
information that is properly classified. Classified information is also
exempt from disclosure under the FOIA. Information that has been
classified in the interest of national defense or foreign policy will
normally be unavailable under either the FOIA or the Privacy Act.
The second specific exemption applies to systems of records containing
investigatory material compiled for law enforcement purposes other than
material covered by the general law enforcement exemption. The specific
law enforcement exemption is limited when -- as a result of the
maintenance of the records -- an individual is denied any right,
privilege, or benefit to which he or she would be entitled by federal
law or for which he or she would otherwise be entitled. In such a case,
disclosure is required except where disclosure would reveal the
identity of a confidential source how furnished information to the
government under an express promise that the identity of the source
would be held in confidence. If the information was collected from a
confidential source before the effective date of the Privacy Act
(September 27th, 1975), an implied promise of confidentiality is
sufficient to permit withholding of the source.
The third specific exemption applies to systems of records maintained
in connection with providing protective services to the President of
the United States or other individuals who receive protection from the
Secret Service.
The fourth specific exemption applies to systems of records required by
statute to be maintained and used solely as statistical records.
The fifth specific exemption covers investigatory material compiled
solely to determine suitability, eligibility, or qualifications for
federal civilian employment, military service, federal contracts, or
access to classified information. However, this exemption applies only
to the extent that disclosure of information would reveal the identity
of a confidential source who provided the information under a promise
of confidentiality.
The sixth specific exemption applies to systems of records that contain
testing or examination of material used solely to determine individual
qualifications for appointment or promotion in federal service but only
when disclosure would compromise the objectivity or fairness of the
testing or examination process. Effectively, this exemption permits
withholding of questions used in employment tests.
The seventh specific exemption covers evaluation material used to
determine potential for promotion in the armed services. The material
is only exempt to the extent that disclosure would reveal the identity
of a confidential source how provided the information under promise of
confidentiality.
3:Medical Records:
------------------
Medical records maintained by federal agencies -- for example, records
at Veterans Administration hospitals -- are not formally exempt from
the Privacy Act's access provision. However, the Privacy Act authorized
a special procedure for medical records that operated, at least in
part, like an exemption. Agencies may deny individuals direct access to
medical records, including psychological records, if the agency deems
it necessary. An agency reviews medical requested by an individual. If
the agency determines that direct disclosure is unwise, it can arrange
for disclosure to a physician selected by the individual or possible to
another person chosen by an individual.
4: Litigation Records:
----------------------
The Privacy Act access provisions include a general limitation on
access to litigation records. The Act does not require an agency to
disclose to an individual any information compiled in reasonable
anticipation of a civil action or proceeding. This limitation operates
like an exemption, although there is no requirement that the exemption
be applied to a system of records before it can be used.
ADMINISTRATIVE APPEAL PROCEDURES FOR DENIAL OF ACCESS:
------------------------------------------------------
Unlike the FOIA, the Privacy Act does not provide an administrative
appeal of the denial of access. However, many agencies have established
procedures that will allow Privacy Act requesters to appeal a denial of
access without going to court. An administrative appeal is often
allowed under the Privacy Act, even though it is not required, because
many individuals cite both the FOIA and Privacy Act when making a
request. The FOIA provides specifically for an administrative appeal,
and agencies are required to consider an appeal under the FOIA.
When a Privacy Act request for access is denied, agencies usually
inform the requester of any appeal rights that are available. If no
information on appeal rights is included in the denial letter, the
requester should ask the Privacy Act Officer. Unless an agency has
established an alternative procedure, it is possible that an appeal
files directly with the head of the agency will be considered by the
agency.
When a request for access is denied under the Privacy Act, the agency
explains the reason for the denial. The explanation must name the
system of records and explain which exemption is applicable to the
system. An appeal may be made on the basis that the record is not
exempt, that the system of records has not been properly exempted, or
that the record is exempt but no harm to an important interest will
result if the record is disclosed.
There are three basic elements to a Privacy Act appeal letter. First,
the letter should state that the appeal is being made under the Privacy
Act of 1974. If the FOIA was cited when the request for access was
made, the letter should state that the appeal is also being made under
the FOIA. This is important because the FOIA grants requesters
statutory appeal rights.
Second, a Privacy Act appeal letter should identify the denial that is
being appealed and the records that were withheld. The appeal letter
should also explain why the denial of access is improper or
unnecessary.
Third, the appeal should include the requester's name and address. It
is good practice to also include a telephone number when making an
appeal. Appendix 1 includes a sample letter of appeal.
AMENDING RECORDS UNDER THE PRIVACY ACT:
---------------------------------------
The Privacy Act grants an important right in addition to the ability to
inspect records. The act permits an individual to request a correction
of a record that is not accurate, relevant, timely, or complete. This
remedy allows an individual to correct errors and to prevent those
errors from being disseminated by the agency or used unfairly against
the individual.
The right to seek a correction extends only to records subject to te
Privacy Act. Also, an individual can only correct errors in a record
that pertain to himself for herself. Records disclosed under the FOIA
cannot be amended through the Privacy Act unless the records are also
subject to the Privacy Act. Records about unrelated events or about
other people cannot be amended unless the records are in a Privacy Act
file maintained under the name of the individual who is seeking to make
the correction.
A request to amend a record should be in writing. Agency regulations
explain the procedures in greater detail, but the process is not
complicated. A letter requesting an amendment of a record will normally
be addressed to the Privacy Act Officer of the agency or to the agency
official responsible for the maintenance of the record system
containing the erroneous information. The envelope containing the
request should be marked "Privacy Act Amendment Request" on the lower
left corner.
There are five basic elements to a request for amending a Privacy Act
record.
First, the letter should state that it is a request to amend a record
under the Privacy Act of 1974.
Second, the request should identify the specific record and the
specific information in the record for which an amendment is being
sought.
Third, the request should state why the information is not accurate,
relevant, timely, or complete. Supporting evidence may be included with
the request.
Fourth, the request should state what new or additional information, if
any, should be included in place of the erroneous information. Evidence
of the validity of the new or additional information should be
included. If the information in the file is wrong and needs to be
removed rather than supplemented or corrected, the request should make
this clear.
Fifth, the request should include the name and address of the
requester. It is a good idea for the requester to include a telephone
number. Appendix 1 includes a sample letter requesting amendment of a
Privacy Act record.
APPEALS AND REQUIREMENTS FOR AGENCY RESPONSES:
----------------------------------------------
An agency that receives a request for amendment under the Privacy Act
must acknowledge receipt of the request within ten days (not including
Saturdays, Sundays, and legal holidays.) The agency must promptly rule
on the request.
The agency may make the amendment requested. If so, the agency must
notify any person or agency to which the record had previously been
disclosed of the correction.
If the agency refuses to make the change requested, the agency must
inform the requester of: (1) the agency's refusal to amend the record;
(2) the reason for refusing to amend the request; and (3) the
procedures for requesting a review of the denial. The agency must
provide the name and business address of the official responsible for
conducting the review.
An agency must decide an appeal of denial of a request for amendment
within thirty days (excluding Saturdays, Sundays, and legal holidays,)
unless the time period is extended by the agency for good cause. If the
appeal is granted, the record will be corrected.
If the appeal is denied, the agency must inform the requester of the
right to judicial review. In addition, a requester whose appeal has
been denied also has the right to place in the agency file a concise
statement of disagreement with the information that was the subject of
the request for amendment.
When a statement of disagreement has been files and an agency is
disclosing the disputed information, the agency must mark the
information and provide copies of the statement of disagreement. The
agency may also include a concise statement of its reasons for not
making the requested amendments. The agency must also give a copy of
the statement of disagreement to any person or agency to whom the
record had previously been disclosed.
FILING A JUDICIAL APPEAL:
-------------------------
The Privacy Act provides a civil remedy whenever an agency denies
access to a record or refuses to amend a record. An individual may sue
an agency if the agency fails to maintain records with accuracy,
relevance, timeliness, and completeness as is necessary to assure
fairness in an agency determination and the agency makes a
determination that is adverse to the individual. An individual may also
sue an agency if the agency fails to comply with other Privacy Act
provisions in a manner that has an adverse effect on the individual.
The Privacy Act protects a wide range of rights about personal records
maintained by federal agencies. The most important are the right to
inspect records and the right to seek correction of records. Other
rights have also been mentioned here, and still others can be found in
the text of the Act. Most of these rights can become the subject of
litigation.
An individual may file a lawsuit against an agency in the federal
district court in which the individual lives, in which the records are
situated, or in the District of Columbia. A lawsuit must be files
within two years from which the basis of the lawsuit arose.
Most individuals require the assistance of an attorney to files a
judicial appeal. An individual who files a lawsuit and substantially
prevails may be awarded reasonable attorney fees and litigation costs
reasonably incurred. Some requesters may be able to handle their own
appeal without an attorney. Since this is not a litigation guide,
details about the judicial appeal process have not been included.
Anyone considering filing an appeal can begin by reviewing the
provisions of the Privacy Act on civil remedies.
----------------------------------------------------------------------
A P P E N D I C E S
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APPENDIX 1: Sample Request and Appeal Letter
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A. FREEDOM OF INFORMATION ACT REQUEST LETTER
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Agency Head [or Freedom of Information Act Officer]
Name of Agency
Address of Agency
City, State, Zip Code
RE: Freedom of Information Act Request
Dear ...:
This is a request under the Freedom of Information Act.
I request that a copy of the following documents [or documents
containing the following information] be provided to me: [identify the
documents or information as specifically as possible.]
In order to help determine my status to assess fees, you should know
that I am (insert a suitable description of the requester and the
purpose of the request. See sample descriptions below:)
[Sample 1:] a representative of the news media affiliated with the
newspaper (magazine, television station, etc) and this
request is made as part of news gathering and not for
commercial use.
[Sample 2:] affiliated with an educational or noncommercial scientific
institution and this request is made for scholarly or
scientific purposes.
[Sample 3:] an individual seeking information for personal use and not
for a commercial use.
[Sample 4:] affiliated with a private corporation and am seeking
information for use in the Company business.
[Optional:] I am willing to pay fees for this request up to a maximum
of of $... If you estimate that the fees will exceed this
limit, please inform me first.
[Optional:] I request a waiver of all fees of this request. Disclosure
of the requested information to me is in the public
interest because it is likely to contribute significantly
to public understanding of the operations or activities of
the government and is not primarily in my commercial
interest. [include a specific explanation.]
Thank you for your consideration of this request.
Sincerely,
Name
Address
City, State, Zip Code
Telephone Number [optional]
B. FREEDOM OF INFORMATION ACT APPEAL LETTER
-------------------------------------------
Agency Head [or Freedom of Information Act Officer]
Name of Agency
Address of Agency
City, State, Zip Code
RE: Freedom of Information Act Appeal
Dear ...:
This is an appeal under the Freedom of Information Act.
On (date,) I requested documents under the Freedom of Information
Act. My request was assigned the following identification number
(identification number.) On (date,) I received a response to my request
in a letter signed by (name of official.) I appeal the denial of my
request.
[Optional:] The documents that were withheld must be disclosed under
the FOIA because: [give specific reasons.]
[Optional:] I appeal the decision to deny my request for a waiver of
fees. I believe that I am entitled to a waiver of fees.
Disclosure of the documents I requested is in the public
interest because the information is likely to contribute
significantly to the public understanding of the
operations or activities of the government and is not
primarily for commercial interest. (Provide details)
[Optional:] I appeal the decision to require me to pay review costs
for this request. I am not seeking the document for
commercial use. (Provide details)
[Optional:] I appeal the decision to require me to pay search
charges for this request. I am a reporter seeking
information as part of news gathering and not for
commercial use.
Thank you for your consideration of this request.
Sincerely,
Name
Address
City, State, Zip Code
Telephone Number [optional]
C. PRIVACY ACT REQUEST FOR ACCESS LETTER
----------------------------------------
Privacy Officer [or System of Records Manager]
Name of Agency
Address of Agency
City, State, Zip Code
RE: Privacy Act Request for Access
Dear ...:
This is a request under the Privacy Act of 1974.
I request a copy of any record [or specifically named records[ about
me maintained at your agency.
[Optional:] To help you to locate my records. I have had the
following contacts with your agency: (mention job
applications, periods of employment, loans or agency
programs applied for, etc.)
[Optional:] Please consider that this request is also made under the
Freedom of Information Act. Please provide any
additional information that may be available under the
FOIA.
[Optional:] I am willing to pay fees for this request up to a
maximum of $... If you estimate that the fees will
exceed this limit, please inform me first.
[Optional:] Enclosed is [a notarized signature or other identifying
document] that will verify my identity.
Thank you for your consideration of this request.
Sincerely,
Name
Address
City, State, Zip Code
Telephone Number [optional]
D: PRIVACY ACT DENIAL OF ACCESS LETTER
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Agency Head, or Appeal Office
Name of Agency
Address of Agency
City, State, Zip Code
RE: Appeal of Denial of Privacy Act Request
Dear ...:
This is an appeal under the Privacy Act of the denial of my request
for access to records.
On (date,) I requested access to records under the Privacy Act of
1974. My request was assigned the following identification number:
(identification number.) On (date,) I received a response to my request
in a letter signed by (name of official.) I appeal the denial of my
request.
[Optional:] The records that were withheld should be disclosed to me
because... (give explanation)
[Optional:] Please consider that this appeal is also made under the
Freedom of Information Act. Please provide any
additional information that may be available under the
FOIA.
Thank you for your consideration of this request.
Sincerely,
Name
Address
City, State, Zip Code
Telephone Number [optional]
E: PRIVACY ACT REQUEST TO AMEND RECORDS:
----------------------------------------
Privacy Act Officer [or System of Records Manager]
Name of Agency
Address of Agency
City, State, Zip Code
RE: Privacy Act Request to Amend Records
Dear ...:
This is a request under the Privacy Act to amend records about myself
maintained by your agency.
I believe that the following information is not correct: [Describe
the information as specifically as possible.]
The information is not (accurate)(relevant)(timely)(complete)
because... (give detailed explanation)
[Optional:] Enclosed are copies of documents that show that the
information is incorrect.
I request that the information be (deleted)(changed to
read: [Give changes])
Thank you for your consideration of this request.
Sincerely,
Name
Address
City, State, Zip Code
Telephone Number [optional]
F: PRIVACY ACT APPEAL OF REFUSAL TO AMEND RECORDS:
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Agency Head, or Appeal Office
Name of Agency
Address of Agency
City, State, Zip Code
RE: Privacy Act Appeal Request to Amend Records
Dear ...:
This appeal is made under the Privacy Act of the refusal of your
agency to amend records as I requested.
On (date,) I was informed by (name of official) that my request was
rejected. I appeal the rejection of my request.
The rejection of my request for amendment was wrong because... (give
specific details.)
[Optional:] I enclose additional evidence that shows that the
records are incorrect and that the amendment I requested
is appropriate.
Thank you for your consideration of this request.
Sincerely,
Name
Address
City, State, Zip Code
Telephone Number [optional]
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F E D E R A L F O I A O F F I C E S
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The Office of Information and Privacy (OIP) is the principal contact
point within the executive branch for advice and policy guidance on
matters pertaining to the administration of the Freedom of Information
Act (FOIA). Through OIP's FOIA Counselor service, experienced FOIA
attorneys are available to respond to FOIA-related inquiries at:
Department of Justice
Office of Information and Privacy
10th & Constitution Ave., NW, Room 7238
Washington, DC 20530
Telephone: 1-(202)-633-3642.
The following list contains the principal FOIA legal and administrative
contacts at all federal agencies dealing regularly with FOIA matters.
In some instances (e.g. the Department of Defense), all major agency
components are listed individually under the agency. In other instances
(e.g. the Food and Drug Administration), major agency components are
listed separately. In still other instances (e.g. the Department of
Labor), no components are listed, as it is the agency's preference that
all FOIA contacts be made through its main FOIA office.
All telephone numbers are FTS numbers unless a local code is shown.
Where both legal and the administrative contacts (marked "L" and "A"
respectively), are the at the same address, the common address follows
the name of the administrative contact. OIP should be notified whenever
there is a change in a legal or administrative contact or any change in
title, telephone number, or address.
ACTION
------
Steward A. Davis (202-634-9333) (L)
Deputy General Counsel
Ulysses G. Parnell (202-634-9242) (A)
Management Analysis Division
806 Connecticut Ave., NW
Washington, DC 20525
Administrative Conference of the Unites States
----------------------------------------------
Gary J. Edles (202-254-7020) (L)
General Counsel
2120 L St., NW Suite 500
Washington, DC 20037
Agriculture Department (USDA)
-----------------------------
Kenneth E. Cohne (202-447-8164) (L)
Assistant General Counsel
Room 2321, South Bldg.
Washington, DC 20250-1400
Milton E. Sloan (202-447-8164) (A)
FOIA/PA Coordinator
Room 536A, Administration Bldg.
Washington, DC 20250
American Battle Monuments Commission
------------------------------------
Col. William E. Ryan (202-272-0536) (A)
Director of Operations and Finance
20 Massachusetts Ave., NW, Room 5127
Washington, DC 20314-0300
Appalachian Regional Commission
-------------------------------
Joseph E. Napolitano (202-673-7822) (A)
Special Assistant to the Co-Chairman
1666 Connecticut Ave., NW
Washington, DC 20235
Arms Control and Disarmament Agency
-----------------------------------
Fredrick Smith, Jr. (202-647-3442) (A)
Information/Privacy Officer
320 21st St., NW, Room 5731
Washington, DC 20451
Board for International Broadcasting
------------------------------------
John A. Lindburg (202-254-8040) (L)
General Counsel
1201 Connecticut Ave., NW
Washington, DC 20036
Central Intelligence Agency (CIA)
---------------------------------
W. George Jameson (703-874-3112) (L)
Associate General Counsel
Office of the General Counsel
John H, Wright (703-351-2770) (A)
Information and Privacy Coordinator
Office of Information Services
Washington, DC 20505
Commerce Department
-------------------
Eric Moll (202-377-5391) (L)
Chief, General Law Division
J. Randall Blumenschein (202-377-3271) (A)
Chief, Mgt. Support DIvision
Washington, DC 20230
Commission on Civil Rights
--------------------------
William H. Gillers (202-376-8514) (L)
Solicitor
1121 Vermont Ave., NW, Room 606
Washington, DC 20425
Commodity Futures Trading Commission
------------------------------------
Glynn L. Mays (202- 254-9880) (L)
Senior Assistant General Counsel
Edward W. Colbert (202-254-3382) (A)
Assistant Sec'y to the Commission
2033 K St., NW
Washington, DC 20581
Consumer Product Safety Commission
----------------------------------
Alan C. Shakin (202-492-6980) (L)
Assistant General Counsel
Todd A. Stevenson (202-492-5785) (A)
FOIA Officer
5401 Westbard Ave.
Washington, DC 20207
Council on Environmental Quality
--------------------------------
Edward Yates (202-395-5754) (A)
Staff Attorney
Office of the General Counsel
722 Jackson Pl, NW
Washington, DC 10503
Customs Service
---------------
Kathryn C. Peterson (202-566-8681) (L)
Chief, Disclosure Law Branch
Gerald Crowley (202-566-8681) (A)
Paralegal Specialist
1301 Constitution Ave., NW
Washington, DC 20229
Defense Department (DOD)
------------------------
Maurice E. White (202-695-6804) (L)
Senior Attorney
OGC/LC, Room 3E988
Charlie Y. Talbott (202-697-1180) (A)
Chief, FOIA Division
OASD (PA), Room 2C757
The Pentagon
Washington, DC 20301
AIR FORCE:
Susan P. Hotchkiss (202-475-7637) (L)
HQ USAF/JACL
Washington, DC 20324-1000
Richard C. Harding (202-694-4075) (L)
HQ USAF/JACM Room eE409
John C. Wren (202-695-6552) (L)
Office of General COunsel, Room 4c941
Barbara Carmichael (202-695-4992) (A)
SAF/AADADF, Room 4A1088C
The Pentagon
Washington, DC 20330
ARMY:
B.A. Wilkinson (202-697-8029) (L)
Office of General Counsel, Room 2E725
The Pentagon
Washington, DC 20310-0104
Janet W. Charvat (202-694-4316) (L)
Administrative Law Division
The Pentagon, Room 2E433
Washington, DC 20310-2200
Edith M. Miley (202-325-6163) (A)
FOIA/PA Division
USAISC-P(ASQNS-OP-F)
Room 1146, Hoffman 1
Alexandria, Va 22331-00301
MARINE CORPS:
Darrel L. Moore (202-694-2510) (L)
Judge Advocate Division
HQMC (JAR), Room 1102
B.L Thompson (202-694-4008) (A)
Management Information Systems Division
HQMC (Code M1-10), Room 4327, Navy Annex
Washington, DC 20380
NAVY:
Jane Virga (202-325-9860) (L)
Office of the Judge Advocate General
200 Stoval St.
Alexandria, VA. 22332
Roger T. MacNamara (202-692-7172) (L)
Office of General COunsel, Room 480
Crystal Plaza 5
Washington, DC 20360-5110
Gwen R. Aitken (202-697-1459) (A)
CNO (OP-09B30)
The Pentagon, Room 5E521
Washington, DC 20350-2000
Defense Intelligence Agency (DIA)
---------------------------------
Robert S. Gonzales (202-697-3945) (L)
Assistant General Counsel
The Pentegon, Room 2E238
Robert C. Hardzog (202-373-8361) (A)
Chief, FOIA.PA Staff, RTS-1B
Washington, DC 20340
Defense Logistics Agency
------------------------
Dave Henshall (202-274-6234) (A)
Administrative Management Branch
DLA-XAM, Cameron Station
Alexandria, Va 22304-6100
Education Department
--------------------
Robert Wexler (202-732-2690) (L)
Office of the General Counsel, Room 4122
Alexia J. Roberts (202-732-4568 (A)
Office of Public Affairs, Room 2089
FOB 6, 400 Maryland Ave., SW
Washington, DC 20202
Energy Department (DOE)
-----------------------
Ralph D, Goldenberg (202-586-8665) (L)
Assistant General Counsel
John H. Carter (202-586-5955) (A)
1000 Independence Ave., CW
Washington, DC 20585
Environmental Protection Agency (EPA)
-------------------------------------
Marlyne Lipfert (202-382-5460) (L)
Office of General Counsel (LE-132G)
Jeralene G., Green (202-382-4048) (A)
FOIA Officer (A-101)
401 M St., SW
Washington, DC 20460
Equal Employment Opportunity Commission (EEOC)
----------------------------------------------
Nicholas M. Inzeo (202-634-6592) (L)
Assistant Legal Counsel
2401 E St., NW, Room 214
Washington, DC 20507
Executive Office of the President,
Office of Administration
----------------------------------
Arnold Intrater (202-456-2273) (L)
General Counsel
472 Old Executive Bldg.
Washington, DC 20500
Neil W. Doering (202-395-3367) (A)
Chief, Records and Publications Management Branch
2200 New Executive Bldg.
Washington, DC 20503
Export-Import Bank
------------------
Stephen G. Glazer (202-566-8864) (L)
Associate General Counsel
811 Vermont Ave., NW, Room 957
Washington, DC 20571
Farm Credit Administration (FCA)
--------------------------------
James M. Morris (202-883-4020) (L)
Office of General Counsel
Ronald H. Erickson (202-883-4113) (A)
FOIA Officer
Office of Cong. and Public Affairs
1501 Farm Credit Dr.
McLean, VA 22102-5090
Federal Communications Commission (FCC)
---------------------------------------
Lawrence S. Schaffner (202-632-6990) (L)
Assistant General Counsel
1919 M St., NW, Room 622
Washington, DC 20554
Federal Deposit Insurance Corporation (FDIC)
--------------------------------------------
Thomas A. Schulz (202-898-7267) (L)
Assistant General Counsel
M. Jane Williamson (202-898-3712) (A)
Assistant Executive Secretary
550 17th st., NW
Washington, DC 20429
Federal Election Commission
---------------------------
Vincent J. Convery, Jr. (202-376-5690) (L)
Office of General COunsel
Fred S. Eiland (202-376-3155) (A)
FOIA Officer
999 E St., NW
Washington, DC 20463
Federal Emergency Management Agency
-----------------------------------
Lorri L. Jean (202-646-4093) (L)
Associate General Counsel, Room 840
Linda M. Keener (202-646-3840) (A)
FOIA/PA Specialist, Room 840
500 C St., SW
Washington, DC 20472
Federal Energy Regulatory Commission
------------------------------------
Kathleen McDonough (202-357-8002) (L)
Office of General Counsel, Room 4400
Victoria R. Calvert (202-357-8088) (A)
Director, Public Affairs, Room 9200
825 N. Capitol St., NE
Washington, DC 20426
Federal Home Loan Bank Board
----------------------------
William L. Van Lenten (202-906-6773) (L)
Assistant General Counsel
1700 G St., NW
Washington, DC 20552
Federal Home Loan Mortgage Corporation
--------------------------------------
Keith H. Earley (202-759-8414) (L)
Assistant General Counsel
P.O. Box 4115
Reston, VA 22090
Federal Labor Relations Authority
---------------------------------
William E. Persina (202-382-0781) (L)
Acting Solicitor, Room 222
David L. Feder (202-382-0834) (A)
Assistant General Counsel, Room 326
500 C St., SW
Washington, DC 20424
Federal Maritime Commission
---------------------------
Joseph C. Polking (202-523-5725) (A)
Secretary
1100 L St., NW, Room 11101
Washington, DC 20573
Federal Mediation and Conciliation Service
------------------------------------------
Ted M. Chaskelson (202-653-5305) (L)
General Counsel
2100 K St., NW
Washington, DC 20427
Federal Mine Safety and Health Review Commission
------------------------------------------------
Richard Baker (202-653-5625) (L)
Executive Director
1730 K St., NW, Room 614
Washington, DC 20006
Federal Reserve Board
---------------------
Elaine M. Boutilier (202-452-2418) (L)
Legal Division
20th & C Sts., NW, Room B1051B
Washington, DC 20551
Federal Trade Commission
------------------------
Marc Wineman (202-326-2451) (L)
Assistant to General Counsel
Yvette Lewis-Byrd (202-326-2402) (A)
Sixth St. & Pennsylvania Ave., NW
Washington, DC 20580
Food and Drug Administration (FDA)
----------------------------------
Gerald H, Deighton (202-443-1812) (A)
5600 Fishers Lane, (HFI-30)
Rockville, MD 20857
Foreign Claims Settlement Commission
------------------------------------
Judith H Lock (202-653-6155) (A)
Administrative Officer
1111 20th St., NW, Room 400
Washington, DC 20579
General Accounting Office
-------------------------
Nola Casieri (202-275-1970) (A)
441 G St., NW, Room 6800
Washington, DC 20548
General Services Administration (GSA)
-------------------------------------
Helen C. Maus (202-566-1460) (L)
Attorney-Advisor
Barbara M. Williams (202-566-1643) (A)
18th & F Sts., NW
Washington, DC 20405
Health & Human Services Department
----------------------------------
Mary C. McNamara (202-475-0153) (L)
Office of the General Counsel
Room 5362, Cohen Bldg.
330 Independence Ave., SW
Washington, DC 20201
Russell M. Roberts (202-472-7453) (A)
Director, FOIA/Privacy Division
Room 645F, HHH Bldg.
200 Independence Ave.. SW
Washington, DC 20201
Housing & Urban Development Division (HUDD)
-------------------------------------------
Charles M. Farbstein (202-755-7137) (L)
Assistant General Counsel, Room 10254
Doris Warner (202-755-6980) (A)
Office of Public Affairs, Room 10132
451 7th St., SW
Washington, DC 20410
United States Information Agency
--------------------------------
Lorie J. Nierenberg (202-485-8827) (L)
Assistant General Counsel
Lola L. Secora (202-485-7499) (A)
FOIA/PA Officer
301 4th St., SW
Washington, DC 20547
Inter-American Foundation
-------------------------
Charles M. Berk (202-841-3812) (L)
General Counsel
Melvin Asterken (202-841-3812) (A)
FOIA Officer
1515 Wilson Blvd.
Rosslyn, VA 22209
Interior Department
-------------------
John D. Trezise (202-343-5216) (L)
Assistant Solicitor
18 & E Sts., NW
Washington, DC 20240
Internal Revenue Service (IRS)
------------------------------
Peter V. Filpi (202-566-4109) (L)
Assistant Chief Counsel
John Fuhrman (202-566-3359) (A)
Chief, FOIA/PA Branch
1111 Constitution Ave., NW
Washington, DC 20224
International Development Cooperation Agency
--------------------------------------------
Jan Miller (202-647-8218) (L)
Assistant General Counsel for Employee
& Public affairs, Room 6829
James L. Harper (202-647-1859) (A)
Office of Public Inquires, Room 5756
320 21st St., NW
Washington, DC 20523
Interstate Trade Commission
---------------------------
W.W. Gearhart (202-252-1091) (L)
Assistant General Counsel
Kenneth R. Mason (202-252-1000) (A)
Secretary to the Commission
500 E St., SW
Washington, DC 20436
Interstate Commerce Commission
------------------------------
Robert S Burk (202-275-7312) (L)
General Counsel, Room 5211
S. Arnold Smith (202-275-7076) (A)
FOIA/PA Officer, Room 3132
12the & Constitution Ave., NW
Washington, DC 20423
Justice Department (DOJ)
------------------------
Richard L. Huff (202-633-FOIA) (L)
Daniel J. Metcalfe
Co-Directors, Room 7238
Office of Information and Privacy
Washington, DC 20530
Rhonda S. Gains (202-633-1938) (A)
FOIA/PA Section, Room B-327
Justice Management Division
Washington, DC 20530
Antitrust Division
Leo D. Neshkes (202-633-2692) (A)
FOIA/PA Officer, Room 3232
Washington, DC 20530
Bureau of Prisons
Renee Barley (202-724-3062) (A)
FOIA/PA Officer, Room 767 HOLC
Washington, DC 20534
Civil Division
Elizabeth A. Pugh (202-633-3178) (L)
Federal Programs Branch, Room 3646
Leonard Schaitman (202-633-3441) (L)
Appellate Staff, Room 3614
James M. Kovakas (202-633-2319) (A)
FOIA/PA Office, Room 3343
Washington, DC 20530
Civil Rights Division
Nelson D. Hermilla (202-633-2319) (A)
Chief, FOIA/PA Branch, Room 7266
Washington, DC 20530
Criminal Justice Division
L. Jeffery Ross (202-786-4637) (A)
Chief, FOIA/PA Unit, Room 3126 BOND
Washington, DC 20005
Drug Enforcement Agency (DEA)
John H. Langer (202-633-1396) (A)
Chief, FOIA Section, Room 200 EYE
Washington, DC 20537
Executive Office for U.S Attorneys
Margaret A. Smith (202-272-9826) (A)
Attorney-in-charge, Room 6410 PAT
Washington, DC 20530
Federal Bureau of Investigations (FBI)
Emil P. Moschella (202-324-5520) (A)
Chief, FOIA/PA Section, Room 6296 JEH
Washington, DC 20535
Immigration and Naturalization Service
Russell A. Powell (202-633-1554) (A)
FOIA/PA Section, Room 5056 CAB
Washington, DC 20536
Land and Natural Resources Division
-----------------------------------
Anne H. Shields (202-633-2586) (A)
Section Chief, Room 2133
Washington, DC 20530
Marshals Service
----------------
Florastine P. Graham (202-307-9054) (A)
FOIA/PA Officer
600 Army Navy Drive
Arlington, VA 22202-4210
Parole Division
---------------
Janice G, McLeod (202-492-5959) (A)
5550 Friendship Blvd., Room 420
Chevy Chase, MD 20815
Tax Division
------------
J. Brian Ferrel (202-724-6423) (L)
Assistant Chief, CTS,
Central Region, Room 6124 JCB
Pamela Jones (202-724-7419) (A)
FOIA Unit, Room 6823 JCB
Washington, DC 20530
Labor Department
----------------
Miriam McD. Miller (202-523-8188) (L)
Office of the Solicitor, Room N-2428
200 COnstitution Ave., NW
Washington, DC 20210
Legal Services Corporation
--------------------------
Joanne Gretch (202-863-1823) (L)
FOIA Officer
400 Virginia Ave, SW
Washington, DC 20024-2751
Library of Congress
-------------------
Dorthy M. Schrader (202-707-8380) (L)
General Counsel
William C. Froelich (202-707-8380) (A)
Copyright Office, Department 17
1st St. & Independence Ave., SE
Washington, DC 20540
Merit Systems Production Board
------------------------------
Michael K. Martin (202-653-8261) (L)
Office of the General Counsel
Michael H. Hoxie (202-653-7200) (A)
Director, Information Services Division
1120 Vermont Ave., NW
Washington, DC 20419
National Aeronautics and Space Administration (NASA)
----------------------------------------------------
George E. Reese (202-453-2465) (L)
Associate General Counsel (Code GG)
Patricia M. Riep (202-453-2939) (A)
FOIA Officer (Code LN)
400 Maryland Ave., SW
Washington, DC 20546
National Credit Union Administration
------------------------------------
Hattie M. Ulan (202-682-9630) (L)
Office of the General Counsel
1776 G St., NW
Washington, DC 20456
National Endowment for the Arts (NEA)
-------------------------------------
Arthur A. Warren (202-682-5418) (L)
Deputy General Counsel
1100 Pennsylvania Ave., NW
Washington, DC 20506
National Endowment for the Humanities (NEH)
-------------------------------------------
Rex O. Arney (202-786-0322) (L)
General COunsel
1100 Pennsylvania Ave., NW
Washington, DC 20506
National Labor Relations Board
------------------------------
John W. Hornbeck (202-254-9350) (L)
Office of the General Counsel, Room 1107
John J. Toner (202-254-9430) (A)
Associate Executive Secretary, Room 701
1717 Pennsylvania Ave., NW
Washington, DC 20570
National Mediation Board
------------------------
Ronald M. Etters (202-523-5944) (L)
General Counsel
1425 K St., NW, Suite 910
Washington, DC 20572
National Railroad Passenger Corporation (AMTRAK)
------------------------------------------------
William F. Erkelenz (202-383-3975) (L)
General Solicitor
Medaris W. Oliveri (202-383-2728) (A)
FOIA Officer
400 N, Capitol St., NW
Washington, DC 20001
National Science Foundation
---------------------------
Lewis E. Grotke (202-357-9435) (L)
Assistant General Counsel, Room 501
Maryellen Schoolmaster (200-357-9494) (A)
FOIA Officer, Room 527
1800 G St., NW
Washington, DC 20550
National Security Agency (NSA)
------------------------------
Vito T. Potenza (301-688-6054) (L)
Assistant General Counsel/Litigation
James V. Pasquarelli (301-688-6527) (A)
Chief, Information Policy Division
Ft. George C. Meade, MD 20755-6000
National Security Council (NSC)
-------------------------------
Nicholas Rostow (202-456-6538) (L)
Legal Adviser
378 Old Executive Office Bldg.
Nancy V. Menan (202-395-3103) (A)
Senior Director of FOIA
375 Old Executive Office Bldg.
Washington, DC 20506
National Transportation Safety Board
------------------------------------
Ronald S. Battocchi (202-382-6546) (L)
Office of General Counsel, Room 818
B. Michael Levins (202-382-6700) (A)
Bureau of Administration, Room 802
800 Independence Ave., SW
Washington, DC 20594
Nuclear Regulatory Commission (NRC)
-----------------------------------
Mary Katherine Hembree (202-492-1559) (L)
Attorney, Office of General Counsel
Linda L. Robinson (202-492-8133) (A)
Chief, FOIA/LPDR
Washington, DC 20555
Occupational Safety and Health Review Board
-------------------------------------------
Earl R. Ohman, Jr. (202-634-4015) (L)
General Counsel
Linda A. Whitsett (202-634-7943) (A)
1825 K St., NW
Washington, DC 20006
Office of Federal Inspector for Alaskan Natural Gas Pipeline
------------------------------------------------------------
Nancy M. Ellett (202-586-4669) (A)
Administrative Officer, Code FA-1
1000 Independence Ave., SW
Washington, DC 20585
Office of Management and Budget
-------------------------------
Mac Reed (202-395-5600) (L) **
Assistant General Counsel
464 Old Executive Office Bldg.
Darrel A. Johnson (202-395-7250) (A)
Assistant Director for Administration
9026 New Executive Office Bldg.
Washington, DC 20503
** For policy guidance on the Privacy Act
and on FOIA fee matters, contact OMB's
Robert N. Veeder, at 202-395-4814
Office of Personnel Management
------------------------------
Kathleen O. Martin (202-632-4632) (L)
Office of General Counsel
Charles R. Chesek (202-632-2860) (A)
1900 E St., NW
Washington, DC 20415
Office of Science & Technology Policy
-------------------------------------
Barbara J. Diering (202-395-7347 (A)
Special Assistant
5013 New Executive Office Bldg.
washington, DC 20506
Office of U.S. Trade Representative
-----------------------------------
Dorothy S. Balaben (202-395-3432) (A)
FOIA Officer
600 17th St., NW
Washington, DC 20506
Office of the Vice President
----------------------------
Diane G. Weinstein (202-456-2326) (L)
Counselor to the Vice President
271 Old Executive Office Bldg.
Washington, DC 20501
Overseas Private Investment Corporation
---------------------------------------
Herbert A. Glaser (202-457-7015) (L)
Office of the General Counsel
1615 M St.,, NW
Washington, DC 20527
Panama Canal Commission
-----------------------
John L. Haines, Jr. (011-507-527511) (L)
General COunsel
(Balboa, Panama)
APO Miami, Fl 34011-5000
Barbara A. Fuller (202-634-6441) (A)
Assistant to the Secretary for Commission Affairs
2000 L St., NW, Suite 550
Washington, DC 20036-4996
Peace Corps
-----------
Robert L. Martin (202-254-3114) (L)
Associate General Counsel
John M. von Reyn (202-254-6020) (A)
1990 K St., NW
Washington, DC 20526
Pension Benefit Guaranty Corporation
------------------------------------
Philip R. Hertz (202-778-8821) (L)
Office of the General Counsel, Room 7218
E. William Fitzgerald (202-778-8840) (A)
Disclosure Officer, Room 7016
2020 K St., NW
Washington, DC 20006
Pennsylvania Avenue Development Corporation
-------------------------------------------
Staff (202-724-9091)
1331 Pennsylvania Ave., NW
Suite 1220 North
Washington, DC 20004
Postal Service
--------------
Charles D. Hawley (202-268-2971) (L)
Assistant General Counsel
Philip J.G. Skelly (202-268-2924) (A)
Records Officer
475 L'Enfant Plaza West, SW
Washington, DC 20260
Railroad Retirement Board
-------------------------
Karl T. Blank (312-386-4941) (L)
Bureau of Law
LeRoy F. Blommaert (312-386-4548) (A)
FOIA Officer
844 Rush St.
Chicago, IL 60611
Securities & Exchange Commission
--------------------------------
Richard M. Humes (202-272-2454) (L)
Assistant General Counsel
Hannah R. Hall (202-272-7422) (A)
FOIA Officer
450 5th St., NW
Washington, DC 20549
Selective Service System
------------------------
Henry N. Williams (202-724-1167) (L)
General Counsel
1023 31st St., NW
Washington, DC 20435
Small Business Administration
-----------------------------
Mona K. Mitnick (202-653-6762) (L)
Office of General COunsel
Beverly K. Linden (202-653-6460) (A)
Chief, Office of FOIA/PA
1441 L St., NW
Washington, DC 20416
Social Security Administration
------------------------------
David Hartly (202-625-3133) (L)
Office of General Counsel,
Room 614, Altmeyer Bldg.
Timothy D. Robertson (202-625-2736) (A)
FOIA Officer, Room 4100 Annex
6401 Security Blvd.
Baltimore, MD 21235
State Department
----------------
Mary Catherine Malin (202-647-3022) (L)
Attorney-Adviser, Room 4427A
Frank M. Machak (202-647-7740) (A)
FOIA Coordinator, Room 1239
2201 C St., NW
Washington, DC 20520
Tennessee Valley Authority (TVA)
--------------------------------
Maureen H. Dunn (615-632-4131) (L)
Assistant General COunsel
James A Carmichael (615-632-8018) (A)
Manager, Office of Public Affairs
400 West Summit Hill Dr.
Knoxville, TN 37902
Transportation Department (DOT)
-------------------------------
Robert I. Ross (202-366-9154) (L)
Office of General Counsel (C-10)
Rebecca H. Lima (202-366-4542) (A)
Chief, FOIA Division (A-32)
400 7th St., SW
Washington, DC 20590
Treasury Department
-------------------
Raymond J. McKenna (202-566-2327) (L)
Office of General Counsel, Room 1414
Karne B. Cameron (202-566-2789) (A)
Disclosure Officer, Room 1054
1500 Pennsylvania Ave., NW
Washington, DC 20220
Veterans Affairs Department
---------------------------
Thomas Gessell (202-233-3584) (L)
Office of General Counsel (O24K)
Lynn H. Covington (202-233-3616) (A)
Director, PMRS (73)
810 Vermont Ave., NW
Washington, DC 20420
The White House
---------------
C. Boyden Gray (202-456-2632) (L)
Counsel to the President
1600 Pennsylvania Ave., NW
Washington, DC 20500
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S T A T E F O I A O F F I C E S
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HOW TO USE STATE OPEN RECORDS LAWS - FREEDOM OF INFORMATION
-----------------------------------------------------------
Just as the Freedom of Information Act, enacted by Congress in 1966,
gave individuals the right to request and receive information held by
the federal government, all states have laws giving the public access
to their government records. Many of these laws, often called the Open
Record laws, are modeled after the federal act.
The state statutes have some similarities. What is covered under the
act, for example, invariably covers all books, maps, photographs and
other documents made or received by any government agency in
transaction with public business. And just as the federal act has
exemptions to the rules, so do the state laws. While most of them
exempt personnel, medical and other personal files as well as criminal
intelligence information and "trade secrets," there are less common
ones. For example, in SOuth Dakota, commercial fertilizer reports are
exempt. In Florida, information provided to an agency for the purpose
of ride-sharing arrangements is exempt, and in New Hampshire, meat
inspection records are closed.
Companies can get a wide range of information from the state's Open
Record laws. Here are a few examples of how these laws have been
successfully used at the state level:
Bookstore Gets School Reading List
----------------------------------
In Maryland, a bookstore used the state Open Records Law to obtain the
required reading list for various courses at the state university in
order to stock those books for the coming school year.
Environmental Group Obtains Damaging Drinking Water Study
---------------------------------------------------------
In New York, and environmental group was able to get reports, analyses,
and ??records ?concerning ?soil ?borings ?regarding ?a ?drinking ?water
treatment plant prepared by a consulting firm for the city ?of ?Niagara
Falls
Advertiser Gets State's Mailing List
------------------------------------
Through the Open Record Law in Mississippi, a company wishing to expand
its advertising list was able to get a list of all the states residents
who had a drivers license.
The way laws are administered varies. Some states have time limits for
agencies to respond to requests -- usually between three to ten working
days; others do not. Some states have administrative review processes
available to individuals who have been denied their request. In other
states a person's only recourse is to go to court. Some laws state
whether or not the motive of the requester is relevant in allowing
access to records; some provide sanctions for violations of the
statutes, others do not.
In addition, several states publish pamphlets explaining their law and
how to file a request for records. New York, for example, has a
committee on Open Government composed of members of the government and
the public. It furnishes advice to agencies, the public and the news
media and annually reports its recommendations and observations to the
governor and the legislature. Unlike the federal act, which has been
amended only a few times, state acts are often changed on a frequent
basis.
Information on a state's FOIA can usually be obtained from the office
of the attorney general. Listed below are their addresses, telephone
numbers, and some information about the laws and their exemptions. The
common exemptions --personal records, criminal investigation files,
library and academic -- are not listed for each state. Some of the
exemptions that are listed are exempted by other state laws.
States may charge fees to cover the cost of searches and/or the cost of
copying records.
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S T A T E F R E E D O M O F I N F O R M A T I O N O F F I C E S
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Alabama : Office of the Attorney General
Alabama State House
11 S. Union St.
Montgomery, AL 36130
205-261-7300
Exemptions include income tax returns, records
of child care facilities, certain conservation
and natural resource information.
Alaska : Office of Attorney General
Department of Law
P.O. Box K
State Capitol
Juneau, AK 99811
907-465-3600
Exemptions because of other state laws include:
geological and other information submitted for
persons applying to lease or buy land, reports,
logs, and surveys held by the Department of
Natural Resources relating to oil wells for
which a permit to drill was issued by the
department, information contained in audit
reports or tax returns. There is no time limit
for responding to a request.
Arizona : Office of Attorney General
1275 W. Washington
Phoenix, AZ 85997
602-542-4266
Exemptions include consumer fraud reports,
racketeering investigations, minutes of
executive sessions of public bodies.
Arkansas : Office of Attorney General
210 E. Markham St.
Heritage West Building
Little Rock, AR 72201
501-371-2007
Exemptions include state income tax records,
grand jury minutes. Records specifically
declared open include motor vehicle citations
and blood alcohol tests, payroll records of
covered bodies, juvenile court records. Records
must be made available within three working
days of the time requested.
California : Office of Attorney General
Department of Justice
P.O. Box 944255
Sacramento, CA 94244-2550
916-322-3360
Exemption include requests for bilingual
election material, records of regulations of
financial institutions, records of utility
systems development or market of crop reports,
real estate appraisals, statements of finances
required by licensing agency. Agencies have ten
working days to comply with requests. If denied
access, an individual may request a review with
the information practices coordinator.
Colorado : Office of Attorney General
1525 Sherman St. - 3rd Floor
Denver, CO 80203
303-866-3611
Access may be denied for information pertaining
to licensing, specific details of state
research projects, real estate appraisals by
the state before any purchase. Records must be
turned over within three working days after a
request has been made.
Connecticut : Freedom of Information Commission
97 Elm St. - Rear
Hartford, CT 06106
203-566-5682
Exemptions include real estate appraisals,
collective bargaining, antitrust investigations
and state sales and use tax. Any person denied
the records requested may appeal to the Freedom
of Information Commission.
Delaware : Office of Attorney General
820 N. French St. - 8th Floor
Wilmington, DE 19801
302-571-2500
Exemptions include labor negotiations, records
of permits for concealed weapons, anonymous
contributors to charity.
District of Columbia : Office of Corporate Counsel
District Building
1350 Pennsylvania Ave., NW
Washington, DC 20004
202-727-6248
Exemptions include information related to civil
antitrust investigations, fire loss information
furnished by insurer to fire marshal. Records
declared open include names, salaries, title
and dates of employment of all employees or
officers of the mayor and an agency.
Florida : Office of Attorney General
The Capitol
Tallahassee, FL 32399-1050
904-487-1963
Exemption include home addresses, phone numbers
and photos of law enforcement personnel.
Records held legally open include autopsy
reports, inspection records of nursing homes
compiled by the Department of Health, appraisal
reports of land acquisitions made by a city,
vote sheets, final orders and other documents
of the Public Service Commission.
Georgia : Office of Attorney General
Department of Law
132 State Judicial Building
Atlanta, GA (zip?)
404-656-3300
Exemptions include tax returns, medical peer
review group records. Records declared to
be confidential by court decision or
attorney general's opinions include: salary
information of county employees contained only
in personnel files and not included as part
of another public record.
Hawaii : Office of Attorney General
Hawaii State Capitol, Room 405
Honolulu, HI 96813
808-548-4740
Exemption through other state laws include
applications for licenses to manufacture or
sell motor vehicles, fire investigation records
of county fire chiefs may be withheld. There is
no time limit for responding to requests.
Idaho : Office of Attorney General
Boise, ID 83722
208-334-2400
Exemptions include papers filed with the
judicial council or masters appointed by the
supreme court concerning removal, discipline or
retirement of judges or justices.
Illinois : Office of Attorney General
Springfield. IL 62706
217-782-1090
Exemption include taxpayer information,
research data, proposals and bids for
contracts, grants and agreements, architects'
and engineers' plans.
Indiana : Office of Attorney General
219 State House
Indianapolis, IN 46204
317-232-6201
Exemption include information concerning
research conducted under the auspices of
institutions of higher learning. Information
that may be withheld includes negotiations in
progress with industrial, research, or
commercial prospects.
Iowa : Office of Attorney General
Department of Justice
Hoover Building
Des Moines, IA 50319
515-281-5164
Exemptions include appraisal information for
possible public land purchase, Iowa Development
Commission information on industrial prospects
in negotiations, and financial statements
submitted to the state Commerce Commission.
Records that have been legally open include the
Book of Accounts required to be kept by county
auditors, and jury lists.
Kansas : Office of Attorney General
Kansas Judicial Center - 2nd Floor
Topeka, KS 66612
913-296-2215
Exemption include appraisals of property,
software programs, well samples, logs and
surveys, census and research records, and
records of utility customers.
Kentucky : Office of Attorney General
Capitol Building
Frankfort, KY 40601
502-564-7600
Exemptions include details of possible real
estate acquisitions, prospective locations of
unannounced business. Records legally open
include coroner's reports, tax records in the
custody of the property valuation administrator
Records of disciplinary actions of the state
board of medical licensure. A public body must
respond in three working days to a request.
Louisiana : Office of Attorney General
Department of Justice
234 Loyola Building - 7th Floor
New Orleans, LA 70112-2096
504-568-5575
Exemptions include tax return information,
financial institution records, confidential
miner reports, records in control of supervisor
of public funds. Records held open under the
law include budget requests of a city parish,
records of association of public officials. An
agency has three working days to respond to a
request.
Maine : Office of Attorney General
State House Station - Six
Augusta, ME 04333
207-289-3661
Exemptions include materials that have been
exclusively prepared for labor negotiations,
information on hazardous waste. Records legally
open include private appraisal reports obtained
by the Bureau of Parks and Recreation in
connection with proposed land acquisitions. A
public official has 10 working days to respond
to a request.
Maryland : Office of Attorney General
Munsey Building
Calvert and Fayette Streets
Baltimore, MD 21202-1909
302-576-6300
Records that may be withheld include details of
state research projects, real estate
appraisals made for state. Records that must be
withheld include confidential financial,
geological, data, professional licensing
records of individuals. Response to a request
must not exceed 30 days.
Massachusetts : Office of Attorney General
1 Ashburton Place
Boston, MA 02108
617-727-2200
Exemptions include real estate appraisals, name
and address of any person contained in an
application to carry firearms
Michigan : Department of Attorney General
525 West Ottawa St.
Lansing, MI 48913
517-373-1110
Exemption include public bids, real estate
appraisals, archaeological site information,
records of any campaign committee. A public
body has five working days to respond to a
request.
Minnesota : Office of Attorney General
102 Capitol Building
St. Paul, MN 55155
612-296-6196
Exemptions include property complaint data,
real estate appraisals, social recreation data,
energy and financial data, public data.
Mississippi : Office of Attorney General
P.O. Box 220
Jackson, MS 39205
601-359-3680
Exemptions include individual tax records,
certain appraisal records, archaeological
records, commercial and financial records.
Missouri : Office of Attorney General
Supreme Court Building
Jefferson City, MO 65102
314-751-3321
Exemption include records of state Militia,
records of National Guard, records of labor
negotiations.
Montana : Office of Attorney General
Justice Building
215 North Sanders
Helena, MT 59620
406-444-2026
Exemption include unfair trade practice
investigations, artificial insemination
information, certain vehicle accident reports,
reports of financial institutions to the
department of commerce, and tax records. there
is no time limit for responding to a request.
Nebraska : Office of Attorney General
2115 State Capitol Building
Lincoln, NE 68509
402-471-2682
Exemption include appraisal and negotiation
records concerning purchase or sale of
property, sales of use tax records, income tax
records.
Nevada : Office of Attorney General
Heroes Memorial Building
Carson, NV 89710
702-647-4170
Exemption include certain vital statistics,
certain divorce records, certain prison
commission records.
New Hampshire : Office of Attorney General
State Capitol Annex
25 Capitol Street
Concord, NH 03301-6397
603-271-3658
Exemptions include certain bank records, Cancer
commission records, certain records of Human
Rights Commission, records of malpractice
claims, certain tax information. Records
legally open include city real estate records,
salary information of school boards.
New Jersey : Office of Attorney General
Richard Highes Complex Center, CN-080
Trenton, NJ 08625
609-292-4919
Exemptions include cancer incident reports,
certain records of casino control commission,
health department research studies, audits of
life insurance companies.
New Mexico : Office of Attorney General
P.O. Box 1508
Sante Fe, NM 87504
505-827-6000
Exemption include certain historical or
educational materials, certain vital
statistics.
New York : Department of State
Committee on Open Government
162 Washington Ave.
Albany, NY 12231
518-474-2518
Exemption include records that if disclosed
would impair contract awards and collective
bargaining. An agency must respond to a request
within 5 business days of receipt of request.
North Carolina : Department of Justice
P.O. ?Box 629 Raleigh, NC
27602-0629
919-733-3377
Exemption include certain bank records,
commercial feed information, communicable
disease records, National Guard records, tax
records.
North Dakota : Office of Attorney General
State Capitol
Bismark, MD 58505
701-224-2210
Exemption include air pollution records, health
studies, medical review records, legislative
investigation records, veterans' records.
Records legally open include medical coroner's
records, school district records, state highway
department records, water conservation
commission records, state engineer records,
records of charitable records on file with the
Secretary of State.
Ohio : Office of Attorney General
State Office Tower
30 East Broad Street
Columbus, OH 43266-0410
614-466-4320
Exemptions include victim impact statements,
tax information, statistics concerning veterans
exposure to caustic agents. Records legally
open include city jail logs, employee address
and payroll records of township trustees,
complaints files with division of real estate.
Oklahoma : Office of Attorney General
State of Oklahoma
Room 112, State Capitol
Oklahoma City, OK 73105
405-521-3921
Exemption include income tax returns filed with
the Oklahoma tax commission, certain bank
records, income tax records, motor vehicle
accident reports.
Oregon : Department of Justice
Justice Building
Salem, OR 97310
503-378-4400
Exemptions include records received or compiled
by superintendent of banks, mortality studies,
motor vehicle accident reports, bank
examinations, corporate tax information,
personal property tax returns.
Pennsylvania : Office of Attorney General
Strawberry Square, 16th Floor
Harrisburg, PA 17120
717-787-3391
Exemptions include records of the state ethics
commission, records of the judicial inquiry and
review board, records of the PA crime
commission. Records legally open include
salaries and employment address of commonwealth
employees.
Rhode Island : Department of Attorney General
72 Pine Street
Providence, RI 02903
401-274-4400
Exemption include charitable contributions
requesting anonymity, collective bargaining,
all tax returns, real estate appraisals and
engineering feasibility estimates.
South Carolina : Office of Attorney General
Rembert C. Dennis Building
P.O. Box 11549
Columbus, SC 29211
803-734-3970
Exemption include income tax returns, certain
records of the Board of Financial Institutions,
Board of Dentistry records, contagious disease
records, certain information given to the
Securities Commission, State Development Board
records. Each public body has 15 day to respond
to a written request.
South Dakota : Office of Attorney General
500 East Capitol
State Capitol Building
Pierre, SD 57501
605-773-3215
Exemption include commercial fertilizer
reports, taxpayer information, hospital
inspection information, savings and loan
association records.
Tennessee : Office of Attorney General
450 James Robertson Parkway
Nashville, TN 37219-5025
615-741-6474
Exemption include appraisals of real and
personal property, bank examinations, records
of the medical review committee, tax records.
Texas : Office of Attorney General
Supreme Court Building
Austin, TX 78711-2548
512-463-2100
Exemptions include real and personal property
purchase appraisals and property price, agency
reports concerning the supervision of financial
institutions, geological information concerning
wells, personal property tax records, sales use
tax use records.
Utah : Office of Attorney General
236 State Capitol
Salt Lake City, UT 84114
801-533-5261
Exemptions include income tax returns, certain
insurance commission records, certain liquor
control commission records, Motor vehicle
accident reports, sales tax returns, savings
and loan association records.
Vermont : Office of Attorney General
109 State Street
Montpelier, VT 05602
802-828-3171
Exemptions include tax return records, real
estate appraisals, contract negotiation
records. A right to appeal a request denial to
the agency head exists.
Virginia : Office of Attorney General
101 North 8th Street
Richmond, VA 23219
804-786-2071
Exemptions: None listed
Washington : Public Disclosure Commission
403 Evergreen Plaza
Mail Stop F-42
Olympia, WA 98505-3342
206-753-1111
Exemptions Include taxpayer information, real
estate appraisal, research data, information
identifying archaeological sites, bank exams,
salary and fringe information survey.
West Virginia : Office of Attorney General
Charleston, WV 25305
303-348-2021
Exemption include motor vehicle accident
reports, labor dispute records, tax returns,
bar disciplinary records.
Wisconsin : Department of Justice
123 West Washington Ave.
P.O. Box 7857
Madison, WI 53707-7857
608-266-3076
Exemptions include air pollution control
records, savings bank exams, public utility
accident reports.
Wyoming : Office of Attorney General
123 Capitol Building
Cheyenne, WY 82002
307-777-7841
Exemption may include details of research
projects, real estate appraisals. other
statutory exemptions include motor vehicle
accident reports, hospital inspection records,
use tax records.
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PLEASE DO NOT BREAK THIS FILE UP INTO SMALLER SECTIONS FOR ANY REASON
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