NCJ Number
46395
Date Published
1977
Length
65 pages
Annotation
A MANUAL FOR CITIZENS WHO WANT TO REQUEST GOVERNMENT DOCUMENTS UNDER FREEDOM OF INFORMATION AND PRIVACY STATUTES IS PRESENTED.
Abstract
THIS REPORT WAS PREPARED BY THE HOUSE OF REPRESENTATIVES COMMITTEE ON GOVERNMENT OPERATIONS TO FACILITATE CITIZENS' EXERCISE OF THEIR RIGHTS, AND TO BE USED BY FEDERAL AGENCIES IN TRAINING PROGRAMS FOR EMPLOYEES WHO ADMINISTER THESE TWO LAWS. THE FREEDOM OF INFORMATION ACT (FOIA) REQUIRES THAT ALL TYPES OF GOVERNMENT INFORMATION BE RELEASED TO ANYONE MAKING THE REQUEST WITH SPECIFIED EXCEPTIONS. IT PLACES THE BURDEN ON THE GOVERNMENT TO JUSTIFY SECRECY, IF AN INDIVIDUAL IS BEING DENIED ACCESS TO REQUESTED INFORMATON. THE PRIVACY ACT ALLOWS INDIVIDUALS TO REVIEW ALMOST ALL FEDERAL FILES PERTAINING TO THEMSELVES, AND RESTRICTS THE DISCLOSURE OF THESE RECORDS TO OTHERS. CIVIL REMEDIES ARE AVAILABLE IF AN AGENCY REFUSES ACCESS OR DECLINES TO AMEND OR CORRECT A FILE. THE LEGISLATIVE BACKGROUNDS OF EACH ACT ARE FIRST SKETCHED, AND THE TEXTS OF THE ACTS THEMSELVES ARE INCLUDED IN THE APPENDIXES. THE FOIA APPLIES ONLY TO DOCUMENTS HELD BY THE EXECUTIVE DEPARTMENT. ALL INFORMATION HELD BY THESE DEPARTMENTS MUST BE RELEASED TO THE CITIZEN UNLESS IT FALLS WITHIN ONE OF NINE SPECIFIC CATEGORIES; E.G., CLASSIFIED DOCUMENTS ON FOREIGN POLICY, INTERNAL PERSONNEL POLICIES, EXEMPT MATERIAL (AS INCOME TAX RETURNS, PATENT APPLICATIONS, NUCLEAR TESTING INFORMATION, TRADE SECRETS, AND BUSINESS INTERNAL COMMUNICATIONS). TO SECURE INFORMATION, A LETTER SHOULD BE DIRECTED TO THE HEAD OF THE APPROPRIATE AGENCY. FEES FOR SEARCHING ($5.00 PER HOUR) AND COPYING (10 CENTS PER PAGE) CAN BE REDUCED OR WAIVED FOR REQUESTS BY INDIGENTS. A SAMPLE REQUEST LETTER IS GIVEN. AGENCIES MUST RESPOND TO ALL REQUEST WITHIN 10 WORKING DAYS. APPEAL PROCEDURES AND STEPS FOR TAKING THE CASE TO COURT IF THE APPEAL IS REJECTED ARE OUTLINED. REQUESTS UNDER THE PRIVACY ACT ARE SIMILAR, BUT HERE, PROOF OF IDENTITY TO OBTAIN ONE'S OWN RECORDS IS REQUIRED. AGENCIES MUST RELEASE THE INFORMATION IN A COMPREHENSIBLE FORM; E.G., ALL COMPUTER CODES MUST BE TRANSLATED INTO UNDERSTANDABLE LANGUAGE. GENERAL EXEMPTIONS EXIST FOR CENTRAL INTELLIGENCE AGENCY AND FEDERAL CRIMINAL AGENCY FILES, AND FOR SPECIFIC CATEGORIES, SUCH AS EMPLOYMENT TESTS AND ARMED SERVICE PROMOTION EVALUATIONS. AS FOR FOIA, APPEAL PROCEDURES EXIST, AND A CITIZEN MAY AMEND, DELETE, OR CORRECT HIS RECORDS, AND MAY APPEAL OR BRING SUIT IF NECESSARY. AGENCIES MUST OBTAIN AN INDIVIDUAL'S WRITTEN PERMISSION PRIOR TO DISCLOSING INFORMATION ABOUT HIM OR HER, WITH SOME CLEARLY DEFINED EXCEPTIONS. APPENDED ARE ADDRESSES OF SELECTED GOVERNMENT AGENCIES. (DJM)