FOIA_USC.pdf(732Kb)
Key Topics
Related Documents for Download:
The Freedom of Information Act (FOIA) found in Title 5 of the United States Code, section 552, was enacted in 1966. It provides that any person has the right, enforceable in court, to request access to federal agency records or information. All agencies of the United States government are required to disclose records upon receiving a written request for them, except for those records that are protected from disclosure by the nine exemptions and three exclusions found in the FOIA. The federal FOIA does not provide a right of access to records held by Congress, the courts, state or local government agencies, or by private businesses or individuals. All states have their own statutes governing public access to state and local records and state authorities should be consulted for further information about such records.
The full content of FOIA is located in the United States Code, Title 5 - Government Organization and Employees, Part I - The Agencies Generally, Chapter 5 - Administrative Procedure, Subchapter II - Administrative Procedure (Section 552)
http://caselaw.lp.findlaw.com/casecode/uscodes/5/parts/i/chapters/5/subchapters/ii/sections/section_552.html
(text of above)
The full text of the Freedom of Information Act - 5 USC Section 552:
FOIA_USC.pdf(732Kb)
"The FOIA is a federal law that provides for public access to Federal government records in two ways. First, the FOIA requires that agencies automatically make public certain types of records. Second, it sets up a way for the public to request copies of records that are not routinely placed on the FTC's public record. The general philosophy of the FOIA is that all records of Federal government agencies should be available to the public, unless release of the information would cause specific harm. The FOIA describes nine categories of records that agencies need not disclose because of the potential harm that disclosure would cause. These categories are generally referred to as 'exemptions' because the records they describe are exempt from the FOIA's general rule requiring disclosure. Section IV in the Handbook provides a brief explanation of each of the exemptions and an explanation of why certain types of information are withheld from disclosure.
The purpose of the FOIA is to give the public access to existing government
records. It does not require an agency to create records, conduct investigations,
or develop information to answer questions. The FTC's policy is to provide anyone
who requests information with as much material as we can find that is responsive
to the request. If you ask questions, we will look for existing documents that
answer those questions. For example, the FOIA does not require us to respond
to a request that asks if it would be wise to purchase a particular product
or invest in a particular business venture. To answer that type of request,
we will look for records that relate to the product or its manufacturer, or
the business venture, and we will also look for general educational materials
prepared by the agency that may help you to understand your rights and responsibilities
under the law. We will release those records that are not covered by one of
the FOIA exemptions. Thus, while we cannot give you specific advice, the information
we may be able to provide may assist you in reaching your own conclusions."
(Federal Trade Commission, Office of the General Counsel, http://www.ftc.gov/foia/index.htm)
Questions and Answers on the Freedom of Information Act and the Privacy Act November 1996, a joint publication of U.S. General Services Administration, Washington, DC 20405 and U.S. Department of Justice, Washington, DC 20530.
The Freedom of Information Act
"At the time of this publication's printing, the Electronic Freedom of Information Act Amendments of 1996 became Public Law 104-231. P.L. 104-231 amends the Freedom of Information Act to provide for public access to information in an electronic format, and for other purposes. For details on how this amendment may affect your search for information, please contact the Freedom of Information Act Officer at the agency in which the records are being sought.
The FOIA, enacted in 1966, provides that any person has the right to request access to federal agency records or information. Federal agencies are required to disclose records upon receiving a written request for them, except for those records that are protected from disclosure by the nine exemptions and three exclusions of the FOIA. This right of access is enforceable in court.
The Privacy Act is another federal law regarding federal government records
or information about individuals. The Privacy Act establishes certain controls
over how the executive branch agencies of the federal government gather, maintain,
and disseminate personal information. The Privacy Act also can be used to obtain
access to information, but it pertains only to records that the federal government
keeps about individual U.S. citizens and lawfully admitted permanent resident
aliens. The FOIA, on the other hand, covers all records in the possession and
control of federal executive branch agencies."
Excerpts from the brochure specific to FOIA and the Privacy Act follow. If you intend using either of these processes to request information, please read the complete brochure and specific Act before submitting your request.
Excerpt: "What information is available under the FOIA?"
The FOIA provides access to all federal agency records (or portions of those records), except for those records that are protected from disclosure by nine exemptions and three exclusions (reasons for which an agency may withhold records from a requester).
The exemptions cover (1) classified national defense and foreign relations information, (2) internal agency rules and practices, (3) information that is prohibited from disclosure by another law, (4) trade secrets and other confidential business information, (5) inter-agency or intra-agency communications that are protected by legal privileges, (6) information involving matters of personal privacy, (7) certain information compiled for law enforcement purposes, (8) information relating to the supervision of financial institutions, and (9) geological information on wells. The three exclusions, which are rarely used, pertain to especially sensitive law enforcement and national security matters.
Even if information is exempt from disclosure under the FOIA, the agency still may disclose it as a matter of administrative discretion when that is not prohibited by any law and would not cause any foreseeable harm. The full text of the FOIA is printed beginning on page 15 of this brochure.
The FOIA does not apply to Congress, the courts, or the immediate office of the White House, nor does it apply to records of state or local governments. However, nearly all state governments have their own FOIA-type statutes. You may request information about a state's records access law by writing to the office of the attorney general of that state.
The FOIA does not require a private organization or business to release any information directly to the public, whether it has been submitted to the federal government or not. However, information submitted to the federal government by such organizations or companies can be available through a FOIA request if it is not protected by a FOIA exemption, such as the one covering trade secrets and confidential business information.
Under the FOIA, you may request and receive by mail a copy of any record that is in an agency's files and is not covered by one of the exemptions or exclusions. For example, suppose you have heard that a certain toy has been recalled as a safety hazard and you want to know the details. The Consumer Product Safety Commission could help you by providing copies of the recall documents. Perhaps you want to read the latest inspection report on conditions at a nursing home certified for Medicare. Your local Social Security office keeps such records on file. Or you might want to know whether the Department of Veterans Affairs has a file that mentions you. In all of these examples, you could use the FOIA to request information from the appropriate federal agency. (See the discussion below on how to find the right agency office and address.)
When you make a FOIA request, you must describe the records that you want as clearly and specifically as possible. If the agency cannot identify and locate records that you have requested with a reasonable amount of effort, it will not be able to assist you. While agencies strive to handle all FOIA requests in a customer-friendly fashion, with no unnecessary bureaucratic hurdles, the FOIA does not require them to do research for you, to analyze data, to answer written questions, or in any other way to create records in order to respond to a request."
Excerpt: "What is the Privacy Act?"
The federal government compiles a wide range of information on individuals. For example, if you were ever in the military or employed by a federal agency, there should be records of your service. If you have ever applied for a federal benefit or received a student loan guaranteed by the government, you are probably the subject of a file. There are records on every individual who has ever paid income taxes or received a check from Social Security or Medicare.
The Privacy Act, passed by Congress in 1974, establishes certain controls over what personal information is collected by the federal government and how it is used. The act guarantees three primary rights:
- the right to see records about oneself, subject to the Privacy Act's exemptions;
- the right to amend that record if it is inaccurate, irrelevant, untimely, or incomplete; and
- the right to sue the government for violations of the statute, including permitting others to see your records, unless specifically permitted by the act.
The act also provides for certain limitations on agency information practices, such as requiring that information about an individual be collected from that individual to the greatest extent practicable; requiring agencies to ensure that their records are relevant, accurate, timely, and complete; and prohibiting agencies from maintaining information describing how an individual exercises his or her First Amendment rights unless the individual consents to it, a statute permits it, or it is within the scope of an authorized law enforcement investigation."
Excerpt: "A Comparison of the Freedom of Information Act and the Privacy Act"
What is the relationship between the FOIA and the Privacy Act?
Although the two laws were enacted for different purposes, there is some similarity in their provisions. Both the FOIA and the Privacy Act give people the right to request access to records held by agencies of the federal government. The FOIA's access rights are given to "any person," but the Privacy Act's access rights are given only to the individual who is the subject of the records sought (if that individual is a U.S. citizen or a lawfully admitted permanent resident alien).
The FOIA applies to all records of federal agencies. The Privacy Act, however, applies to only those federal agency records that are in "systems of records" containing information about individuals that is retrieved by the use of a name or personal identifier. Each law has a somewhat different set of fees, time limits, and exemptions from its right of access.
If the information you want pertains to the activities of a federal agency, an organization, or some person other than yourself, you should make your request under the FOIA, which covers all agency records. If the information you want is about yourself, you should make the request also under the Privacy Act, which covers most records of agencies that pertain to individuals. Sometimes you can use the FOIA to get records about yourself that are not in a Privacy Act "system of records." If you are in doubt about which law applies or would better suit your needs, you may refer to both in your request letter. If you request records about yourself and the Privacy Act applies, the agency should process the request under both the FOIA and the Privacy Act and withhold requested information from you only if it is exempt under both laws.
Yes, but it might be withheld to protect their personal privacy. The FOIA contains two very important provisions concerning personal privacy: Exemption 6 and Exemption 7(C). They protect you from others who may seek information about you, but they also may block you if you seek information about others. The FOIA's Exemption 6 permits an agency to withhold information about individuals if disclosing it would be "a clearly unwarranted invasion of personal privacy." This includes, for example, almost all of the information in medical and financial benefit files and much of the information in personnel files. Exemption 7(C) similarly protects personal privacy interests in law enforcement records. To decide whether to withhold information under these two FOIA privacy exemptions, an agency must balance personal privacy interests against any public interest that would be served by disclosure. Neither Exemption 6 nor Exemption 7(C) can be used to deny you access to information about yourself, only to deny you information about other persons."
USDOJ brochure "Your Right To Federal Records"
http://www.pueblo.gsa.gov/cic_text/fed_prog/foia/foia.htm
Full text of the Committee Report - House Rpt. 106-50 - A CITIZEN'S GUIDE ON
USING THE FREEDOM OF INFORMATION ACT AND THE PRIVACY ACT OF 1974 TO REQUEST
GOVERNMENT RECORDS
Citizens_Guide_FOIA.pdf(353Kb)
A complete listing of the contents of Privacy Act is found in 5 U.S.C. §
552 (see first PDF file)
"Each agency shall make available to the public information as follows:"
http://law2.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+26+0++%28FOIA%29%
|
DOD Hyperlink Disclaimer: The appearance of hyperlinks does not constitute endorsements by the Department of the Navy of the website or the information, products or services contained therein. For other than authorized activities such as military exchanges and Morale, Welfare, and recreational sites, the Department of the Navy does not exercise any editorial control over the information you may find in these locations. Such links are provided consistent with the stated purpose of this CD-ROM. |